80 FR 29151 - Parts and Accessories Necessary for Safe Operation; Virginia Tech Transportation Institute Exemption Application

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 97 (May 20, 2015)

Page Range		29151-29152
FR Document		2015-12199

The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant Virginia Tech Transportation Institute's (VTTI) exemption application to allow the placement of camera-based data acquisition systems (DAS) at the bottom of windshields on commercial motor vehicles (CMVs). The Federal Motor Carrier Safety Regulations (FMCSRs) require antennas, transponders, and similar devices to be located not more than 6 inches below the upper edge of the windshield, outside the area swept by the windshield wipers, and outside the driver's sight lines to the road and highway signs and signals. As part of a National Highway Traffic Safety Administration (NHTSA) research program, VTTI is coordinating development and installation of the DASs in up to 150 CMVs. The exemption will enable VTTI and NHTSA to conduct research on the reliability of collision avoidance systems for CMVs. FMCSA believes that mounting the DASs at the bottom of the windshield would maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption.

Federal Register, Volume 80 Issue 97 (Wednesday, May 20, 2015)

[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)]
[Notices]
[Pages 29151-29152]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-12199]

[[Page 29151]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0024]

Parts and Accessories Necessary for Safe Operation; Virginia Tech
Transportation Institute Exemption Application

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 Virginia Tech Transportation
Institute's (VTTI) exemption application to allow the placement of
camera-based data acquisition systems (DAS) at the bottom of
windshields on commercial motor vehicles (CMVs). The Federal Motor
Carrier Safety Regulations (FMCSRs) require antennas, transponders, and
similar devices to be located not more than 6 inches below the upper
edge of the windshield, outside the area swept by the windshield
wipers, and outside the driver's sight lines to the road and highway
signs and signals. As part of a National Highway Traffic Safety
Administration (NHTSA) research program, VTTI is coordinating
development and installation of the DASs in up to 150 CMVs. The
exemption will enable VTTI and NHTSA to conduct research on the
reliability of collision avoidance systems for CMVs. FMCSA believes
that mounting the DASs at the bottom of the windshield would maintain a
level of safety that is equivalent to, or greater than, the level of
safety achieved without the exemption.

DATES: This exemption is effective May 20, 2015 and ends May 20, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. Mike Huntley, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-5370, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE., Washington, DC 20590-0001.

ADDRESSES: For access to the docket to read background documents,
including those referenced in this document, or to read comments
received, go to:
Regulations.gov, http://www.regulations.gov, at any time
and insert FMCSA-2015-0024 in the ``Keyword'' box, and then click
``Search.''
Docket Management Facility, Room W12-140, DOT Building,
1200 New Jersey Ave. SE., Washington, DC 20590. You may view the docket
online by visiting the facility between 9 a.m. and 5 p.m., Monday
through Friday except Federal holidays.

Viewing Comments and Documents

To view comments filed in this docket, go to http://www.regulations.gov and click on the ``Read Comments'' box in the upper
right hand side of the screen. Then, in the ``Keyword'' box, insert
``FMCSA-2015-0024'' and click ``Search.'' Next, click ``Open Docket
Folder'' in the ``Actions'' column. Finally, in the ``Title'' column,
click on the document you would like to review. If you do not have
access to the Internet, you may view the docket by visiting the Docket
Management Facility at the address above.

Privacy Act

In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

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. 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 compliance with 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)).

VTTI's Application for Exemption

VTTI applied for an exemption from 49 CFR 393.60(e)(1) to allow the
installation of DASs at the bottom of the windshield on CMVs (80 FR
8750, Feb. 18, 2015). 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 (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.
VTTI applied for the exemption because it wants to install DASs in
up to 150 CMVs operating throughout the United States in support of
research being conducted on behalf of NHTSA. VTTI contends that it must
be able to mount the DASs lower than allowed under 49 CFR 393.60(e)(1)
``because the safety equipment must have a clear forward facing view of
the road, and low enough to accurately scan facial features for
detection of impaired driving.'' VTTI wants to mount the DASs and
necessary brackets at the bottom of the windshield, preferably 3 inches
or less above of the bottom of the wiper sweep and out of the driver's
sightlines to the road and highway signs and signals, to the extent
practicable.

FMCSA Grant of Waiver to VTTI

Pursuant to 49 U.S.C. 31315(a) and 49 CFR part 381, subpart B, the
FMCSA granted VTTI a 90-day waiver on January 26, 2015 to allow the
placement of the DASs at the bottom of windshields on CMVs, outside of
the area permitted by section 393.60 of the FMCSRs. This waiver is
effective from January 26, 2015, through April 25, 2015. Up to 150 DASs
have been installed in CMVs operated by 7 carriers.
During the waiver period, motor carriers participating in the NHTSA
research program must ensure that the DASs are mounted within three
inches of the bottom of the driver side windshield wiper sweep, and out
of the driver's sightlines to the road and highway signs and signals as
much as practicable. Vehicles participating in the study must carry a
copy of the waiver in the vehicle. A copy of the FMCSA waiver letter to
VTTI is included in the docket referenced at the beginning of this
notice.

[[Page 29152]]

Comments

FMCSA published a notice of the exemption application in the
Federal Register on February 18, 2015, and asked for public comment (80
FR 8750). No comments were received.

FMCSA Decision

The FMCSA has evaluated the VTTI exemption application. The Agency
believes that granting the temporary exemption to allow the placement
of the DASs and necessary mounting brackets at the bottom of the
windshield, within and/or below 3 inches of the bottom of the
windshield wiper sweep, will provide a level of safety that is
equivalent to, or greater than the level of safety achieved without the
exemption. FMCSA does not believe there will be any degradation in the
safety performance of motor carriers utilizing the exemption during the
2-year exemption period because (1) there is nothing in available
technical information to indicate that the DASs would obstruct drivers'
views of the roadway, highway signs and surrounding traffic; (2)
generally, trucks and buses have an elevated seating position which
greatly improves the forward visual field of the driver, making any
impairment of available sight lines minimal; and (3) the location three
inches or less above the bottom of the driver's-side windshield wiper
sweep, and out of the driver's sightline, is reasonable and enforceable
at roadside. Without the exemption, NHTSA would be unable to test this
innovative onboard safety monitoring system.

Terms and Conditions for the Exemption

The Agency hereby grants the exemption for a two-year period,
beginning May 20, 2015 and ending May 20, 2017. During the temporary
exemption period, up to 150 DASs may be installed in CMVs operated by
the motor carriers listed below. These are the same carriers that have
operated under the waiver:
1. USDOT #32052 Crosby Trucking Service Inc. in Mount Sydney. VA.
2. USDOT #369138 Rush Trucking Corporation in Wayne, MI.
3. USDOT #1977980 Kuperus Trucking Inc. in Jenison, MI.
4. USDOT #282628 Stagecoach Cartage and Distribution, LP in El
Paso, TX.
5. USDOT #184405 J & M Tank Lines Inc. in Birmingham, AL.
6. USDOT #1243338 P&S Transportation LLC in Ensley, AL.
7. USDOT #75827 Modular Transport Company in Wyoming, MI.
These motor carriers must ensure that the DASs are mounted within
and/or below 3 inches of the bottom of the driver side windshield wiper
sweep, and out of the driver's sightlines to the road and highway signs
and signals as much as practicable.
The exemption is valid for two years unless rescinded earlier by
FMCSA. The exemption will be rescinded if (1) motor carriers and/or
commercial motor vehicles 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 using the DASs 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: May 5, 2015.
T.F. Scott Darling, III,
Chief Counsel.
[FR Doc. 2015-12199 Filed 5-19-15; 8:45 am]
BILLING CODE 4910-EX-P

29152 Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices

Comments These motor carriers must ensure that the prescribed vision requirement in
FMCSA published a notice of the the DASs are mounted within and/or one eye. The Agency has concluded that
exemption application in the Federal below 3 inches of the bottom of the granting these exemptions will provide
Register on February 18, 2015, and driver side windshield wiper sweep, a level of safety that is equivalent to or
asked for public comment (80 FR 8750). and out of the driver’s sightlines to the greater than the level of safety
No comments were received. road and highway signs and signals as maintained without the exemptions for
much as practicable. these CMV drivers.
FMCSA Decision The exemption is valid for two years DATES: The exemptions were granted
The FMCSA has evaluated the VTTI unless rescinded earlier by FMCSA. The April 7, 2015. The exemptions expire on
exemption application. The Agency exemption will be rescinded if (1) motor April 7, 2017.
believes that granting the temporary carriers and/or commercial motor
FOR FURTHER INFORMATION CONTACT:
exemption to allow the placement of the vehicles fail to comply with the terms
Charles A. Horan, III, Director, Carrier,
DASs and necessary mounting brackets and conditions of the exemption; (2) the
Driver and Vehicle Safety Standards,
at the bottom of the windshield, within exemption has resulted in a lower level
of safety than was maintained before it (202) 366–4001, fmcsamedical@dot.gov,
and/or below 3 inches of the bottom of FMCSA, Department of Transportation,
the windshield wiper sweep, will was granted; or (3) continuation of the
exemption would not be consistent with 1200 New Jersey Avenue SE., Room
provide a level of safety that is W64–224, Washington, DC 20590–0001.
equivalent to, or greater than the level the goals and objectives of 49 U.S.C.
31136(e) and 31315(b). Office hours are from 8:30 a.m. to 5
of safety achieved without the p.m., Monday through Friday, except
exemption. FMCSA does not believe Interested parties possessing
information that would demonstrate Federal holidays. If you have questions
there will be any degradation in the on viewing or submitting material to the
safety performance of motor carriers that motor carriers using the DASs are
not achieving the requisite statutory docket, contact Docket Services,
utilizing the exemption during the 2- telephone (202) 366–9826.
year exemption period because (1) there level of safety should immediately
notify FMCSA. The Agency will SUPPLEMENTARY INFORMATION:
is nothing in available technical
information to indicate that the DASs evaluate any such information and, if I. Electronic Access
would obstruct drivers’ views of the safety is being compromised or if the
continuation of the exemption is not You may see all the comments online
roadway, highway signs and through the Federal Document
surrounding traffic; (2) generally, trucks consistent with 49 U.S.C. 31136(e) and
31315(b), will take immediate steps to Management System (FDMS) at http://
and buses have an elevated seating www.regulations.gov.
position which greatly improves the revoke the exemption.
Docket: For access to the docket to
forward visual field of the driver, Preemption read background documents or
making any impairment of available comments, go to http://
During the period the exemption is in
sight lines minimal; and (3) the location www.regulations.gov and/or Room
effect, no State shall enforce any law or
three inches or less above the bottom of W12–140 on the ground level of the
regulation that conflicts with or is
the driver’s-side windshield wiper West Building, 1200 New Jersey Avenue
inconsistent with this exemption with
sweep, and out of the driver’s sightline, SE., Washington, DC, between 9 a.m.
respect to a person operating under the
is reasonable and enforceable at and 5 p.m., Monday through Friday,
exemption.
roadside. Without the exemption, except Federal holidays.
NHTSA would be unable to test this Issued on: May 5, 2015.
Privacy Act: In accordance with 5
innovative onboard safety monitoring T.F. Scott Darling, III,
U.S.C. 553(c), DOT solicits comments
system. Chief Counsel. from the public to better inform its
[FR Doc. 2015–12199 Filed 5–19–15; 8:45 am] rulemaking process. DOT posts these
Terms and Conditions for the
Exemption BILLING CODE 4910–EX–P comments, without edit, including any
The Agency hereby grants the personal information the commenter
exemption for a two-year period, provides, to www.regulations.gov, as
DEPARTMENT OF TRANSPORTATION described in the system of records
beginning May 20, 2015 and ending May
20, 2017. During the temporary Federal Motor Carrier Safety notice (DOT/ALL–14 FDMS), which can
exemption period, up to 150 DASs may Administration be reviewed at www.dot.gov/privacy.
be installed in CMVs operated by the [Docket No. FMCSA–2014–0302] II. Background
motor carriers listed below. These are
On March 6, 2015, FMCSA published
the same carriers that have operated Qualification of Drivers; Exemption a notice of receipt of exemption
under the waiver: Applications; Vision applications from certain individuals,
1. USDOT #32052 Crosby Trucking
AGENCY: Federal Motor Carrier Safety and requested comments from the
Service Inc. in Mount Sydney. VA.
2. USDOT #369138 Rush Trucking Administration (FMCSA), DOT. public (80 FR 12248). That notice listed
Corporation in Wayne, MI. ACTION: Notice of final disposition. 27 applicants’ case histories. The 27
3. USDOT #1977980 Kuperus individuals applied for exemptions from
Trucking Inc. in Jenison, MI. SUMMARY: FMCSA announces its the vision requirement in 49 CFR
4. USDOT #282628 Stagecoach decision to exempt 27 individuals from 391.41(b)(10), for drivers who operate
mstockstill on DSK4VPTVN1PROD with NOTICES

Cartage and Distribution, LP in El Paso, the vision requirement in the Federal CMVs in interstate commerce.
TX. Motor Carrier Safety Regulations Under 49 U.S.C. 31136(e) and 31315,
5. USDOT #184405 J & M Tank (FMCSRs). They are unable to meet the FMCSA may grant an exemption for a 2-
Lines Inc. in Birmingham, AL. vision requirement in one eye for year period if it finds ‘‘such exemption
6. USDOT #1243338 P&S various reasons. The exemptions will would likely achieve a level of safety
Transportation LLC in Ensley, AL. enable these individuals to operate that is equivalent to or greater than the
7. USDOT #75827 Modular commercial motor vehicles (CMVs) in level that would be achieved absent
Transport Company in Wyoming, MI. interstate commerce without meeting such exemption.’’ The statute also

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Document Created: 2018-02-21 10:29:54
Document Modified: 2018-02-21 10:29:54

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 May 20, 2015 and ends May 20, 2017.
Contact		Mr. Mike Huntley, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC- PSV, (202) 366-5370, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
FR Citation		80 FR 29151

80 FR 29151 - Parts and Accessories Necessary for Safe Operation; Virginia Tech Transportation Institute Exemption Application

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 97 (May 20, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration