80 FR 13460 - Parts and Accessories Necessary for Safe Operation; Grant of Temporary Exemption for Volvo/Prevost LLC

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 49 (March 13, 2015)

Page Range		13460-13461
FR Document		2015-05634

The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant Volvo/Prevost, LLC's (Volvo/Prevost) application for a limited two-year exemption from 49 CFR 393.60(e)(1) on behalf of motor carriers that will be operating commercial motor vehicles (CMV) manufactured by the company to use lane departure warning (LDW) systems mounted in the windshield area at a height lower than what is currently allowed by the regulation. The LDW system alerts drivers who unintentionally drift out of their lane of travel, thus promoting improved safety performance. The Agency has determined that the placement of the LDW system camera in the windshield area would not have an adverse impact on safety and that the terms and conditions of the exemption would achieve a level of safety equivalent to or greater than the level of safety provided by the regulation.

Federal Register, Volume 80 Issue 49 (Friday, March 13, 2015)

[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Notices]
[Pages 13460-13461]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05634]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0386]


Parts and Accessories Necessary for Safe Operation; Grant of 
Temporary Exemption for Volvo/Prevost LLC

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
announces its decision to grant Volvo/Prevost, LLC's (Volvo/Prevost) 
application for a limited two-year exemption from 49 CFR 393.60(e)(1) 
on behalf of motor carriers that will be operating commercial motor 
vehicles (CMV) manufactured by the company to use lane departure 
warning (LDW) systems mounted in the windshield area at a height lower 
than what is currently allowed by the regulation. The LDW system alerts 
drivers who unintentionally drift out of their lane of travel, thus 
promoting improved safety performance. The Agency has determined that 
the placement of the LDW system camera in the windshield area would not 
have an adverse impact on safety and that the terms and conditions of 
the exemption would achieve a level of safety equivalent to or greater 
than the level of safety provided by the regulation.

DATES: This exemption is effective from March 13, 2015 through March 
13, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. Mike Huntley, Vehicle and Roadside 
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-4325, Federal Motor Carrier Safety Administration, 1200 
New Jersey Avenue SE., Washington, DC 20590-0001.
    Docket: For access to the docket to read background documents or 
comments submitted to the notice requesting public comments on the 
exemption application, go to www.regulations.gov at any time or visit 
Room W12-140 on the ground level of the West Building, 1200 New Jersey 
Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday 
through Friday, except Federal holidays. The on-line Federal document 
management system is available 24 hours each day, 365 days each year. 
The docket number is listed at the beginning of this notice.

SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
Regulations (FMCSR). FMCSA must publish a notice of each exemption 
request in the Federal Register (49 CFR 381.315(a)). The Agency must 
provide the public an opportunity to inspect the information relevant 
to the application, including any safety analyses that have been 
conducted. The Agency must also provide an opportunity for public 
comment on the request.
    The Agency reviews safety analyses and public comments submitted, 
and determines whether granting the exemption would likely achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reasons for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted. The notice must also specify the effective period and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

Volvo/Prevost's Application for Exemption

    Volvo/Prevost applied for an exemption from 49 CFR 393.60(e)(1) to 
allow the installation of an LDW system on motorcoaches purchased by 
its customers. A copy of the application is included in the docket 
referenced at the beginning of this notice.
    Section 393.60(e)(1) of the FMCSRs prohibits the obstruction of the 
driver's field of view by devices mounted at the top of the windshield. 
Antennas, transponders and similar devices must not be mounted more 
than 152 mm (6 inches) below the upper edge of the windshield. These 
devices must be located outside the area swept by the windshield wipers 
and outside the driver's sight lines to the road and highway signs and 
signals.
    The application stated:

    Volvo/Prevost is making this request so it is possible to 
introduce a Lane Departure Warning system in line with [the] NHTSA 
Bus Safety plan as it already did for several other safety features. 
The camera must be installed in the wiper swept area of [the] 
windshield for the system to perform correctly because it must have 
a clear forward facing view of the road. On a today's typical coach 
the lower part of the windshield is outside the driver's sight lines 
to the road and highway signs and signals which is different from a 
truck. Therefore, we request the installation of the camera on the 
lower part of the windshield within the bottom 7 inches of the wiper 
swept area.

    In addition, Volvo/Prevost noted that without the proposed 
temporary exemption, it would not be able to deploy the LDW system in 
motorcoaches because (1) its customers would be fined for violating the 
current regulation, (2) the LDW system would not perform adequately and 
would not bring the safety benefits expected, and (3) the camera would 
be more in the field of view of the driver. Volvo/

[[Page 13461]]

Prevost states that if the exemption is granted, it ``will be able to 
install the LDW camera system in a location which will offer the best 
opportunity to optimize the data and evaluate the benefits of such a 
system.''

Comments

    FMCSA published a notice of the application in the Federal Register 
on December 18, 2013, and asked for public comment (78 FR 76702).
    The Agency received one comment, from Greyhound Lines, Inc. 
(Greyhound). Greyhound stated that it ``has a substantial number of 
motorcoaches manufactured by Prevost in its fleet and has been an 
industry leader in adding innovative safety equipment to its 
motorcoaches.'' Greyhound strongly supports the granting of the 
exemption, stating that it ``believes that the lane departure warning 
(LDW) system that Prevost plans to install on its motorcoaches can be a 
useful tool for enhancing motorcoach safety if properly installed,'' 
and agreed with Volvo/Prevost's assertion that ``the camera must be 
installed in the wiper swept area of [the] windshield for the system to 
perform correctly because it must have a clear forward facing view of 
the road.'' Greyhound agreed that installation of the LDW camera within 
the bottom 7 inches of the wiper swept area ``will maximize its 
effectiveness as a safety tool while not impeding the driver's sight 
lines.''

FMCSA Decision

    The FMCSA has evaluated the Volvo/Prevost exemption application. 
The Agency believes that granting the temporary exemption to allow the 
placement of LDW systems lower in the windshield than is currently 
permitted by the Agency's regulations will provide a level of safety 
that is equivalent to, or greater than, the level of safety achieved 
without the exemption because (1) based on the technical information 
available, there is no indication that the LDW systems would obstruct 
drivers' views of the roadway, highway signs and surrounding traffic; 
(2) generally, buses have an elevated seating position that greatly 
improves the forward visual field of the driver, and any impairment of 
available sight lines would be minimal; and (3) the location within the 
bottom seven inches of the area swept by the windshield wiper and out 
of the driver's normal sightline will be reasonable and enforceable at 
roadside. In addition, the Agency believes that the use of LDW systems 
by fleets is likely to improve the overall level of safety to the 
motoring public.
    This action is consistent with previous Agency actions permitting 
the placement of LDW systems on CMVs within the swept area of the 
windshield wipers. In November 2011, FMCSA granted temporary exemptions 
to Con-way, Takata, and Iteris enabling the mounting of LDW system 
sensors not more than 2 inches below the upper edge of the area swept 
by the windshield wipers and outside the driver's sight lines to the 
road and highway signs and signals. The Agency recently renewed these 
exemptions for a second 2-year period, as FMCSA is not aware of any 
evidence showing that the installation of the devices has resulted in 
any degradation in safety. Further, while the original exemption 
granted relief to motor carriers using only the Takata and Iteris LDW 
systems, the Agency determined that it was appropriate to extend the 
scope of the exemption to motor carriers using any LDW system, given 
that FMCSA is unaware of any reduction in the level of safety 
associated with the use of those systems.
    However, the provisions of that exemption cannot apply to the 
Volvo/Prevost application, as the requested mounting location for the 
Volvo/Prevost LDW system is at the lower portion of the windshield, 
within the bottom 7 inches of the wiper swept area, as opposed to the 
mounting location permitted by the other exemption, which is not more 
than 2 inches below the upper edge of the area swept by the windshield 
wipers. Notwithstanding the different mounting location, and for the 
reasons discussed above, FMCSA believes that allowing the placement of 
LDW systems in the lower portion of the windshield, within the swept 
area of the wipers, will provide a level of safety that is equivalent 
to, or greater than the level of safety achieved without the exemption. 
FMCSA continues to believe that the potential safety gains from the use 
of LDW systems to improve driver performance will improve the overall 
level of safety to the motoring public.

Terms and Conditions for the Exemption

    The Agency hereby grants the exemption for a two-year period, 
beginning March 13, 2015 and ending March 13, 2017. During the 
temporary exemption period, motor carriers operating motorcoaches 
manufactured by Volvo/Prevost must ensure that the LDW systems are 
mounted not more than 7 inches above the lower edge of the area swept 
by the windshield wipers, and outside the driver's sight lines to the 
road and highway signs and signals. The exemption will be valid for two 
years unless rescinded earlier by FMCSA. The exemption will be 
rescinded if: (1) Motor carriers operating motorcoaches manufactured by 
Volvo/Prevost fail to comply with the terms and conditions of the 
exemption; (2) the exemption has resulted in a lower level of safety 
than was maintained before it was granted; or (3) continuation of the 
exemption would not be consistent with the goals and objectives of 49 
U.S.C. 31136(e) and 31315(b).
    Interested parties possessing information that would demonstrate 
that motor carriers operating motorcoaches manufactured by Volvo/
Prevost are not achieving the requisite statutory level of safety 
should immediately notify FMCSA. The Agency will evaluate any such 
information and, if safety is being compromised or if the continuation 
of the exemption is not consistent with 49 U.S.C. 31136(e) and 
31315(b), will take immediate steps to revoke the exemption.

Preemption

    During the period the exemption is in effect, no State shall 
enforce any law or regulation that conflicts with or is inconsistent 
with this exemption with respect to a person operating under the 
exemption.

    Issued on: March 2, 2015.
T. F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015-05634 Filed 3-12-15; 8:45 am]
BILLING CODE 4910-EX-P

Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices 13461

Prevost states that if the exemption is This action is consistent with two years unless rescinded earlier by
granted, it ‘‘will be able to install the previous Agency actions permitting the FMCSA. The exemption will be
LDW camera system in a location which placement of LDW systems on CMVs rescinded if: (1) Motor carriers operating
will offer the best opportunity to within the swept area of the windshield motorcoaches manufactured by Volvo/
optimize the data and evaluate the wipers. In November 2011, FMCSA Prevost fail to comply with the terms
benefits of such a system.’’ granted temporary exemptions to Con- and conditions of the exemption; (2) the
way, Takata, and Iteris enabling the exemption has resulted in a lower level
Comments
mounting of LDW system sensors not of safety than was maintained before it
FMCSA published a notice of the more than 2 inches below the upper was granted; or (3) continuation of the
application in the Federal Register on edge of the area swept by the exemption would not be consistent with
December 18, 2013, and asked for public windshield wipers and outside the the goals and objectives of 49 U.S.C.
comment (78 FR 76702). driver’s sight lines to the road and 31136(e) and 31315(b).
The Agency received one comment, highway signs and signals. The Agency Interested parties possessing
from Greyhound Lines, Inc. recently renewed these exemptions for a information that would demonstrate
(Greyhound). Greyhound stated that it second 2-year period, as FMCSA is not that motor carriers operating
‘‘has a substantial number of aware of any evidence showing that the motorcoaches manufactured by Volvo/
motorcoaches manufactured by Prevost installation of the devices has resulted Prevost are not achieving the requisite
in its fleet and has been an industry in any degradation in safety. Further, statutory level of safety should
leader in adding innovative safety while the original exemption granted immediately notify FMCSA. The
equipment to its motorcoaches.’’ relief to motor carriers using only the Agency will evaluate any such
Greyhound strongly supports the Takata and Iteris LDW systems, the information and, if safety is being
granting of the exemption, stating that it Agency determined that it was compromised or if the continuation of
‘‘believes that the lane departure appropriate to extend the scope of the the exemption is not consistent with 49
warning (LDW) system that Prevost exemption to motor carriers using any U.S.C. 31136(e) and 31315(b), will take
plans to install on its motorcoaches can LDW system, given that FMCSA is immediate steps to revoke the
be a useful tool for enhancing unaware of any reduction in the level of exemption.
motorcoach safety if properly installed,’’ safety associated with the use of those
and agreed with Volvo/Prevost’s systems. Preemption
assertion that ‘‘the camera must be However, the provisions of that During the period the exemption is in
installed in the wiper swept area of [the] exemption cannot apply to the Volvo/ effect, no State shall enforce any law or
windshield for the system to perform Prevost application, as the requested regulation that conflicts with or is
correctly because it must have a clear mounting location for the Volvo/Prevost inconsistent with this exemption with
forward facing view of the road.’’ LDW system is at the lower portion of respect to a person operating under the
Greyhound agreed that installation of the windshield, within the bottom 7 exemption.
the LDW camera within the bottom 7 inches of the wiper swept area, as
inches of the wiper swept area ‘‘will Issued on: March 2, 2015.
opposed to the mounting location
maximize its effectiveness as a safety T. F. Scott Darling, III,
permitted by the other exemption,
tool while not impeding the driver’s which is not more than 2 inches below Acting Administrator.
sight lines.’’ the upper edge of the area swept by the [FR Doc. 2015–05634 Filed 3–12–15; 8:45 am]

FMCSA Decision windshield wipers. Notwithstanding the BILLING CODE 4910–EX–P
different mounting location, and for the
The FMCSA has evaluated the Volvo/ reasons discussed above, FMCSA
Prevost exemption application. The believes that allowing the placement of DEPARTMENT OF TRANSPORTATION
Agency believes that granting the LDW systems in the lower portion of the
temporary exemption to allow the windshield, within the swept area of the Federal Highway Administration
placement of LDW systems lower in the wipers, will provide a level of safety
windshield than is currently permitted Notice of Final Federal Agency Actions
that is equivalent to, or greater than the on South Mountain Freeway (Loop
by the Agency’s regulations will provide level of safety achieved without the
a level of safety that is equivalent to, or 202), Interstate 10 (Papago Freeway) to
exemption. FMCSA continues to believe Interstate 10 (Maricopa Freeway) in
greater than, the level of safety achieved that the potential safety gains from the
without the exemption because (1) Phoenix, AZ
use of LDW systems to improve driver
based on the technical information performance will improve the overall AGENCY: Federal Highway
available, there is no indication that the level of safety to the motoring public. Administration (FHWA), Department of
LDW systems would obstruct drivers’ Transportation (DOT).
views of the roadway, highway signs Terms and Conditions for the
Exemption ACTION: Notice of Availability of the
and surrounding traffic; (2) generally, Record of Decision (ROD) for the South
buses have an elevated seating position The Agency hereby grants the Mountain Freeway project; and Notice
that greatly improves the forward visual exemption for a two-year period, of limitation on claims for judicial
field of the driver, and any impairment beginning March 13, 2015 and ending review of actions by FHWA and other
of available sight lines would be March 13, 2017. During the temporary Federal Agencies.
minimal; and (3) the location within the exemption period, motor carriers
mstockstill on DSK4VPTVN1PROD with NOTICES

bottom seven inches of the area swept operating motorcoaches manufactured SUMMARY: In accordance with the
by the windshield wiper and out of the by Volvo/Prevost must ensure that the National Environmental Policy Act
driver’s normal sightline will be LDW systems are mounted not more (NEPA) and FHWA procedures, this
reasonable and enforceable at roadside. than 7 inches above the lower edge of notice announces the availability of the
In addition, the Agency believes that the the area swept by the windshield ROD regarding the South Mountain
use of LDW systems by fleets is likely wipers, and outside the driver’s sight Freeway project in Phoenix, AZ. The
to improve the overall level of safety to lines to the road and highway signs and Arizona Division Administrator signed
the motoring public. signals. The exemption will be valid for the ROD on March 5, 2015.

VerDate Sep<11>2014 19:27 Mar 12, 2015 Jkt 235001 PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 E:\FR\FM\13MRN1.SGM 13MRN1

Document Created: 2015-12-18 11:42:04
Document Modified: 2015-12-18 11:42:04

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of final disposition.
Dates		This exemption is effective from March 13, 2015 through March 13, 2017.
Contact		Mr. Mike Huntley, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC- PSV, (202) 366-4325, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
FR Citation		80 FR 13460

80 FR 13460 - Parts and Accessories Necessary for Safe Operation; Grant of Temporary Exemption for Volvo/Prevost LLC

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 49 (March 13, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration