80_FR_76295 80 FR 76061 - Parts and Accessories Necessary for Safe Operation; Exemption Renewal for Bendix Commercial Vehicles Systems LLC

80 FR 76061 - Parts and Accessories Necessary for Safe Operation; Exemption Renewal for Bendix Commercial Vehicles Systems LLC

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 234 (December 7, 2015)

Page Range76061-76062
FR Document2015-30800

FMCSA renews an exemption that enables motor carriers to mount lane departure warning system cameras and collision mitigation system cameras lower in the windshield of a commercial motor vehicle (CMV) than is currently permitted by the Agency's regulations. The Agency has concluded that granting this exemption renewal will maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. However, the Agency requests comments on this issue, especially from anyone who believes this standard will not be maintained.

Federal Register, Volume 80 Issue 234 (Monday, December 7, 2015) 
[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)]
[Notices]
[Pages 76061-76062]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30800]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0166]


Parts and Accessories Necessary for Safe Operation; Exemption 
Renewal for Bendix Commercial Vehicles Systems LLC

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

ACTION: Notice of renewal of exemption; request for comments.

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SUMMARY: FMCSA renews an exemption that enables motor carriers to mount 
lane departure warning system cameras and collision mitigation system 
cameras lower in the windshield of a commercial motor vehicle (CMV) 
than is currently permitted by the Agency's regulations. The Agency has 
concluded that granting this exemption renewal will maintain a level of 
safety that is equivalent to, or greater than, the level of safety 
achieved without the exemption. However, the Agency requests comments 
on this issue, especially from anyone who believes this standard will 
not be maintained.

DATES: This decision is effective November 18, 2015. Comments must be 
received on or before January 6, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) number FMCSA-2010-0166 by any of the following 
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington, 
DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. 
e.t., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and 
docket number for this notice. For detailed instructions on submitting 
comments and additional information on the exemption process, see the 
``Public Participation'' heading below. Note that all comments received 
will be posted without change to http://www.regulations.gov, including 
any personal information provided. Please see the ``Privacy Act'' 
heading for further information.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov or to Room W12-140, 
DOT Building, New Jersey Avenue SE., Washington, DC, between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The Federal 
Docket Management System (FDMS) is available 24 hours each day, 365 
days each year. If you want acknowledgement that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments on-line.
    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.
    Public participation: The http://www.regulations.gov Web site is 
generally available 24 hours each day, 365 days each year. You may find 
electronic submission and retrieval help and guidelines under the 
``help'' section of the http://www.regulations.gov Web site as well as 
the DOT's http://docketsinfo.dot.gov Web site. If you would like 
notification that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment 
page that appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside 
Operations Division, Office of Bus and Truck Standards and Operations, 
MC-PSV, (202) 366-0676, Federal Motor Carrier Safety Administration, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315(b)(1), FMCSA may renew an 
exemption from the Federal Motor Carrier Safety Regulations for a two-
year period if it finds ``such exemption would likely achieve a level 
of safety that is equivalent to, or greater than, the level that would 
be achieved absent such exemption'' (49 CFR 381.305(a)).

Basis for Renewing Exemption

    On November 18, 2011 (76 FR 71619), FMCSA published a notice of 
final disposition granting exemption applications from Con-way, Takata, 
and Iteris to allow the placement of lane departure warning system 
sensors lower in the windshield than is currently permitted by the 
Agency's regulations. In 2011, Iteris completed the sale of its vehicle 
sensors business to Bendix Commercial Vehicles Systems LLC (Bendix), 
which continued to sell the Iteris-developed lane departure warning 
systems. In May 2013, Bendix applied for a renewal of the November 2011 
exemption. On November 25, 2013, FMCSA published a notice renewing this 
exemption until November 18, 2015 (78 FR 70396). While the November 
2011 exemption granted relief to motor carriers using only the Takata 
and Iteris lane departure warning systems, the November 2013 exemption 
renewal extended the scope of the exemption to encompass motor carriers 
using any lane departure warning system provided that the sensor that 
is mounted in the windshield is (1) the same size or smaller than the 
Takata and Bendix sensors, and (2) mounted in the windshield in 
accordance with the provisions of the original exemption. Bendix is 
seeking renewal of the 2013 exemption, and requests that the scope of 
the exemption be extended to include its comparably-sized camera-based 
collision mitigation system.
    The FMCSA has determined preliminarily that it is appropriate to 
renew the exemption for another two-year period pending a review of 
public comments in response to the application. The Agency believes 
that granting the exemption renewal to continue allowing the placement 
of lane departure warning system sensors 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 lane departure 
warning system sensors would obstruct drivers' views of the roadway, 
highway signs and surrounding traffic; (2) generally, trucks and 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 top two inches of the 
area swept by the windshield wiper and out of the driver's normal

[[Page 76062]]

sightline will be reasonable and enforceable at roadside. The Agency is 
unaware of any incidents wherein a crash involving vehicles equipped 
with these lane departure warning systems could be attributed to the 
minimal visual intrusion of the devices into the drivers' field of 
vision. In addition, the Agency believes that the use of lane departure 
warning systems--and collision mitigation systems--by fleets is likely 
to 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, 
ending November 17, 2017. During the temporary exemption period, motor 
carriers using lane departure warning systems and collision mitigation 
systems with sensors measuring 2 inches by 3.5 inches or smaller must 
ensure that the sensors are mounted not more than 50 mm (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 exemption will be 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).

Request for Comments

    Interested parties possessing information that would demonstrate 
that CMVs operated by motor carriers using lane departure warning 
systems or collision mitigation systems 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

    In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation applicable to interstate commerce that 
conflicts with or is inconsistent with this exemption with respect to a 
firm or person operating under the exemption. States may, but are not 
required to, adopt the same exemption with respect to operations in 
intrastate commerce.

    Issued on: November 30, 2015.
 T.F. Scott Darling, III,
 Acting Administrator.
[FR Doc. 2015-30800 Filed 12-4-15; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices 76061 this exemption with respect to a firm or exemption process, see the ‘‘Public level that would be achieved absent person operating under the exemption. Participation’’ heading below. Note that such exemption’’ (49 CFR 381.305(a)). Issued on: November 25, 2015. all comments received will be posted Basis for Renewing Exemption T.F. Scott Darling, III, without change to http:// www.regulations.gov, including any On November 18, 2011 (76 FR 71619), Acting Administrator. FMCSA published a notice of final personal information provided. Please [FR Doc. 2015–30804 Filed 12–4–15; 8:45 am] disposition granting exemption see the ‘‘Privacy Act’’ heading for BILLING CODE 4910–EX–P further information. applications from Con-way, Takata, and Docket: For access to the docket to Iteris to allow the placement of lane read background documents or departure warning system sensors lower DEPARTMENT OF TRANSPORTATION comments received, go to http:// in the windshield than is currently www.regulations.gov or to Room W12– permitted by the Agency’s regulations. Federal Motor Carrier Safety In 2011, Iteris completed the sale of its Administration 140, DOT Building, New Jersey Avenue SE., Washington, DC, between 9 a.m. vehicle sensors business to Bendix [Docket No. FMCSA–2010–0166] and 5 p.m., Monday through Friday, Commercial Vehicles Systems LLC except Federal holidays. The Federal (Bendix), which continued to sell the Parts and Accessories Necessary for Docket Management System (FDMS) is Iteris-developed lane departure warning Safe Operation; Exemption Renewal available 24 hours each day, 365 days systems. In May 2013, Bendix applied for Bendix Commercial Vehicles each year. If you want for a renewal of the November 2011 Systems LLC acknowledgement that we received your exemption. On November 25, 2013, comments, please include a self- FMCSA published a notice renewing AGENCY: Federal Motor Carrier Safety addressed, stamped envelope or this exemption until November 18, 2015 Administration (FMCSA), DOT. postcard or print the acknowledgement (78 FR 70396). While the November ACTION: Notice of renewal of exemption; 2011 exemption granted relief to motor request for comments. page that appears after submitting comments on-line. carriers using only the Takata and Iteris SUMMARY: FMCSA renews an exemption Privacy Act: In accordance with 5 lane departure warning systems, the that enables motor carriers to mount U.S.C. 553(c), DOT solicits comments November 2013 exemption renewal lane departure warning system cameras from the public to better inform its extended the scope of the exemption to and collision mitigation system cameras rulemaking process. DOT posts these encompass motor carriers using any lower in the windshield of a commercial comments, without edit, including any lane departure warning system provided motor vehicle (CMV) than is currently personal information the commenter that the sensor that is mounted in the permitted by the Agency’s regulations. provides, to www.regulations.gov, as windshield is (1) the same size or The Agency has concluded that granting described in the system of records smaller than the Takata and Bendix sensors, and (2) mounted in the this exemption renewal will maintain a notice (DOT/ALL–14 FDMS), which can windshield in accordance with the level of safety that is equivalent to, or be reviewed at www.dot.gov/privacy. provisions of the original exemption. greater than, the level of safety achieved Public participation: The http:// Bendix is seeking renewal of the 2013 without the exemption. However, the www.regulations.gov Web site is exemption, and requests that the scope Agency requests comments on this generally available 24 hours each day, of the exemption be extended to include issue, especially from anyone who 365 days each year. You may find its comparably-sized camera-based believes this standard will not be electronic submission and retrieval help collision mitigation system. maintained. and guidelines under the ‘‘help’’ section The FMCSA has determined DATES: This decision is effective of the http://www.regulations.gov Web preliminarily that it is appropriate to November 18, 2015. Comments must be site as well as the DOT’s http:// renew the exemption for another two- received on or before January 6, 2016. docketsinfo.dot.gov Web site. If you year period pending a review of public would like notification that we received comments in response to the ADDRESSES: You may submit comments your comments, please include a self- application. The Agency believes that bearing the Federal Docket Management addressed, stamped envelope or granting the exemption renewal to System (FDMS) number FMCSA–2010– postcard or print the acknowledgment continue allowing the placement of lane 0166 by any of the following methods: page that appears after submitting • Federal eRulemaking Portal: Go to departure warning system sensors lower comments online. in the windshield than is currently http://www.regulations.gov. Follow the on-line instructions for submitting FOR FURTHER INFORMATION CONTACT: Mr. permitted by the Agency’s regulations comments. Luke W. Loy, Vehicle and Roadside will provide a level of safety that is • Mail: Docket Management Facility, Operations Division, Office of Bus and equivalent to, or greater than the level U.S. Department of Transportation, Truck Standards and Operations, MC– of safety achieved without the Room W12–140, 1200 New Jersey PSV, (202) 366–0676, Federal Motor exemption because (1) based on the Avenue SE., Washington, DC 20590– Carrier Safety Administration, 1200 technical information available, there is 0001. New Jersey Avenue SE., Washington, no indication that the lane departure • Hand Delivery: Ground Floor, Room DC 20590–0001. warning system sensors would obstruct W12–140, DOT Building, 1200 New SUPPLEMENTARY INFORMATION: drivers’ views of the roadway, highway Jersey Avenue SE., Washington, DC, signs and surrounding traffic; (2) Background mstockstill on DSK4VPTVN1PROD with NOTICES between 9 a.m. and 5 p.m. e.t., Monday generally, trucks and buses have an through Friday, except Federal holidays. Under 49 U.S.C. 31136(e) and elevated seating position that greatly • Fax: 1–202–493–2251. 31315(b)(1), FMCSA may renew an improves the forward visual field of the Instructions: Each submission must exemption from the Federal Motor driver, and any impairment of available include the Agency name and docket Carrier Safety Regulations for a two-year sight lines would be minimal; and (3) number for this notice. For detailed period if it finds ‘‘such exemption the location within the top two inches instructions on submitting comments would likely achieve a level of safety of the area swept by the windshield and additional information on the that is equivalent to, or greater than, the wiper and out of the driver’s normal VerDate Sep<11>2014 18:36 Dec 04, 2015 Jkt 238001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\07DEN1.SGM 07DEN1

76062 Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices sightline will be reasonable and States may, but are not required to, New Jersey Avenue SE., Washington, enforceable at roadside. The Agency is adopt the same exemption with respect DC 20590–0001. unaware of any incidents wherein a to operations in intrastate commerce. SUPPLEMENTARY INFORMATION: crash involving vehicles equipped with Issued on: November 30, 2015. these lane departure warning systems Background T.F. Scott Darling, III, could be attributed to the minimal Section 4007 of the Transportation Acting Administrator. Equity Act for the 21st Century (TEA– visual intrusion of the devices into the drivers’ field of vision. In addition, the [FR Doc. 2015–30800 Filed 12–4–15; 8:45 am] 21) [Pub. L. 105–178, June 9, 1998, 112 Agency believes that the use of lane BILLING CODE 4910–EX–P Stat. 401] amended 49 U.S.C. 31315 and departure warning systems—and 31136(e) to provide authority to grant collision mitigation systems—by fleets exemptions from the FMCSRs. On is likely to improve the overall level of DEPARTMENT OF TRANSPORTATION August 20, 2004, FMCSA published a safety to the motoring public. final rule (69 FR 51589) implementing Federal Motor Carrier Safety section 4007. Under this rule, FMCSA Terms and Conditions for the Administration must publish a notice of each exemption Exemption [Docket No. FMCSA–2015–0113] request in the Federal Register (49 CFR The Agency hereby grants the 381.315(a)). The Agency must provide exemption for a two-year period, ending Parts and Accessories Necessary for the public with an opportunity to November 17, 2017. During the Safe Operation; Denial of an inspect the information relevant to the temporary exemption period, motor Exemption Application From the application, including any safety carriers using lane departure warning Entertainer Motorcoach Council analyses that have been conducted. The systems and collision mitigation Agency must also provide an AGENCY: Federal Motor Carrier Safety systems with sensors measuring 2 opportunity for public comment on the Administration (FMCSA), DOT. inches by 3.5 inches or smaller must request. ensure that the sensors are mounted not ACTION: Denial of exemption The Agency reviews the safety more than 50 mm (2 inches) below the application. analyses and the public comments and upper edge of the area swept by the SUMMARY: FMCSA denies an exemption determines whether granting the windshield wipers, and outside the application from the Entertainer exemption would likely achieve a level driver’s sight lines to the road and Motorcoach Council (EMC) to allow its of safety equivalent to or greater than highway signs and signals. The members to operate certain vehicles that the level that would be achieved by the exemption will be valid for two years do not meet the emergency exit current regulation (49 CFR 381.305). unless rescinded earlier by FMCSA. The requirements in the Federal Motor The decision of the Agency must be exemption will be rescinded if: (1) Carrier Safety Regulations (FMCSR). published in the Federal Register (49 Motor carriers and/or commercial motor CFR 381.315(b)). If the Agency denies The FMCSRs require buses with a gross vehicles fail to comply with the terms the request, it must state the reason for vehicle weight rating (GVWR) of more and conditions of the exemption; (2) the doing so. If the decision is to grant the than 10,000 pounds, manufactured on exemption has resulted in a lower level exemption, the notice must specify the or after September 1, 1994, to meet the of safety than was maintained before it person or class of persons receiving the emergency exit requirements of Federal was granted; or (3) continuation of the exemption and the regulatory provision Motor Vehicle Safety Standard (FMVSS) exemption would not be consistent with or provisions from which an exemption No. 217, ‘‘Bus Emergency exits and the goals and objectives of 49 U.S.C. is granted. The notice must specify the window retention and release,’’ in effect 31136(e) and 31315(b). effective period of the exemption (up to on the date of manufacture. FMVSS No. 2 years) and explain the terms and Request for Comments 217 requires side exits and at least one conditions of the exemption. The Interested parties possessing rear exit, but when the bus exemption may be renewed (49 CFR information that would demonstrate configuration precludes installation of 381.315(c) and 49 CFR 381.300(b)). that CMVs operated by motor carriers an accessible rear exit, a roof exit is using lane departure warning systems or required in the rear half of the bus to EMC Application for Exemption collision mitigation systems are not provide a means of egress when the bus EMC applied for an exemption from achieving the requisite statutory level of is overturned on either side. While EMC 49 CFR 393.62(a) to allow motor carriers safety should immediately notify contends that ‘‘Entertainer Coaches’’ to operate certain ‘‘Entertainer Coaches’’ FMCSA. The Agency will evaluate any that do not have a rear or roof exit have that do not comply with the regulation’s such information and, if safety is being emergency exit windows that open emergency exit requirements. A copy of compromised or if the continuation of manually at the rear sides of the vehicle the application is included in the docket the exemption is not consistent with 49 that provide openings large enough to referenced at the beginning of this U.S.C. 31136(e) and 31315(b), will take admit unobstructed passage, it did not notice. immediate steps to revoke the provide evidence to enable the Agency Section 393.62(a) of the FMCSRs exemption. to conclude that motor carriers requires buses with a GVWR of more operating such vehicles could achieve a than 10,000 pounds, manufactured on Preemption level of safety that is equivalent to, or or after September 1, 1994, to meet the In accordance with 49 U.S.C. greater than, the level of safety that emergency exit requirements of FMVSS would be obtained by complying with mstockstill on DSK4VPTVN1PROD with NOTICES 31313(d), as implemented by 49 CFR No. 217 in effect on the date of 381.600, during the period this the regulation. manufacture. FMVSS No. 217 requires exemption is in effect, no State shall FOR FURTHER INFORMATION CONTACT: Mr. all buses (other than school buses) to enforce any law or regulation applicable Luke W. Loy, Vehicle and Roadside provide unobstructed openings for to interstate commerce that conflicts Operations Division, Office of Bus and emergency exit which collectively with or is inconsistent with this Truck Standards and Operations, MC– amount, in total square centimeters, to exemption with respect to a firm or PSV, (202) 366–0676; Federal Motor at least 432 times the number of person operating under the exemption. Carrier Safety Administration, 1200 designated seating positions on the bus. VerDate Sep<11>2014 18:36 Dec 04, 2015 Jkt 238001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\07DEN1.SGM 07DEN1


Document Created: 2015-12-14 13:30:50
Document Modified: 2015-12-14 13:30:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of renewal of exemption; request for comments.
DatesThis decision is effective November 18, 2015. Comments must be received on or before January 6, 2016.
ContactMr. Luke W. Loy, Vehicle and Roadside Operations Division, Office of Bus and Truck Standards and Operations, MC-PSV, (202) 366-0676, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
FR Citation80 FR 76061 
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