80 FR 79412 - Parts and Accessories Necessary for Safe Operation; Volvo Trucks of North America Application for an Exemption
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 244 (December 21, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 244 (December 21, 2015)
| Page Range | 79412-79414 | |
| FR Document | 2015-31972 |
[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)] [Notices] [Pages 79412-79414] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31972] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2015-0239] Parts and Accessories Necessary for Safe Operation; Volvo Trucks of North America Application for an Exemption AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. ----------------------------------------------------------------------- SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant Volvo Trucks of North America's (Volvo) application for a limited 2-year exemption from 49 CFR 393.60(e)(1) on behalf of motor carriers operating Volvo commercial motor vehicles (CMVs) to use a rain and ambient light detection sensor mounted in the windshield area [[Page 79413]] at a height lower than what is currently allowed by the regulation. The sensor is part of a hands-free driver aid equipment package intended to improve driver safety. The Agency has determined that the placement of the rain and ambient light detection sensor 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 December 21, 2015 and ending December 20, 2017. FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC- PSV, (202) 366-0676, 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 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. 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's Application for Exemption Volvo applied for an exemption from 49 CFR 393.60(e)(1) to allow the placement of a rain and ambient light detection sensor on Volvo CMVs lower in the windshield than is currently permitted by the Agency's regulations in order to utilize a mounting location that allows the sensor to function correctly. 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 on 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 is making this request so that it becomes possible to introduce a rain and ambient light detection sensor as an option on some Volvo commercial motor vehicles. In order for the sensor to function correctly, it must be installed in the wiper swept area of the windshield. This is due to the fact that an unswept portion of the windshield, which would not necessarily be kept clean and dry by the wipers, could make it difficult for the sensor to determine if the wipers are needed or not. The sensor, which is approximately 2.6 inches tall by 2.2 inches wide, would be placed on the passenger side of the windshield, outside the driver's sight lines to all mirrors, highway signs, signals, and view of the road ahead. Therefore, we respectfully request an exemption to grant us permission to proceed with the installation of the sensor on the lower part of the windshield within the bottom 6 inches of the area swept by the wipers. . . This will enable Volvo to install this hands-free driver aid equipment for commercial motor vehicle operators while ensuring the adherence to the specified location requirements requested. . . Without the proposed exemption, Volvo stated that it will not be able to deploy the rain sensor and ambient light system in vehicle models because (1) its ``customers will be fined for violating the current regulation,'' and (2) ``the rain and ambient light sensing system will not perform adequately and will not generate the hands-free driver aid benefits that would be expected.'' The exemption would apply to all Volvo CMVs. Volvo believes that mounting the sensor lower in the windshield will allow it to function properly while maximizing the external view of the road and maintaining an adequate forward facing field of view for the driver. Comments FMCSA published a notice of the application in the Federal Register on July 24, 2015, and asked for public comment (80 FR 44186). The Agency received one comment from an anonymous commenter, supporting the exemption application. FMCSA Decision The FMCSA has evaluated the Volvo exemption application. The Agency believes that granting the temporary exemption to allow the placement of the rain and ambient light detection sensor 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 rain and ambient light detection sensor 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 bottom 7 inches of the area swept by the windshield wiper \1\ and out of the driver's normal sightline will be reasonable and enforceable at roadside. In addition, the Agency believes that the use of rain and ambient light detection sensors by fleets is likely to improve the overall level of safety to the motoring public. --------------------------------------------------------------------------- \1\ In its exemption application, Volvo referenced two different mounting locations: ``within the bottom 6 inches of the area swept by the wipers,'' and ``within 7 inches at the bottom of the wiper swept area of the windshield. FMCSA confirmed with the applicant, Mr. Tim LaFon, Volvo's Vice President of Regulatory Affairs, that the top of the sensor will be located 160 mm (6.3 inches) from the bottom of the windshield. As such, the subject exemption permits mounting of the rain and ambient light detection sensor within the bottom 7 inches of the area swept by the wipers. --------------------------------------------------------------------------- This action is consistent with previous Agency action permitting the placement of similarly-sized devices on CMVs within the lower portion of the windshield within the bottom 7 inches of the wiper swept area. In March 2015, FMCSA granted a temporary exemption to Volvo/ Prevost, LLC enabling the mounting of lane departure warning [[Page 79414]] (LDW) system sensors 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 (80 FR 13460). FMCSA is not aware of any evidence showing that the installation of the LDW system sensors has resulted in any degradation in safety. Terms and Conditions for the Exemption The Agency hereby grants the exemption for a 2-year period, beginning December 21, 2015 and ending December 20, 2017. During the temporary exemption period, motor carriers will be allowed to operate CMVs manufactured by Volvo equipped with rain and ambient light detection sensors placed on the lower part of the passenger side of the windshield within the bottom 7 inches of the area swept by the wipers, outside the driver's sight lines to all mirrors, highway signs, signals, and view of the road ahead. The exemption will be valid for 2 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 operating Volvo CMVs equipped with rain and ambient light sensors 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: December 10, 2015. T.F. Scott Darling, III, Acting Administrator. [FR Doc. 2015-31972 Filed 12-18-15; 8:45 am] BILLING CODE 4910-EX-P
![79412 Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices
that a safe and practicable protocol to V. Conditions and Requirements Anthony J. Nault (NH)
allow some drivers with ITDM to The terms and conditions of the Sammie J. Nazzise (UT)
operate CMVs is feasible. The exemption will be provided to the Doyle C. Owens (NM)
September 3, 2003 (68 FR 52441), applicants in the exemption document Alvin W. Peck, Jr. (SD)
Federal Register notice in conjunction and they include the following: (1) That Roy R. Phelps (CA)
with the November 8, 2005 (70 FR each individual submit a quarterly Loran L. Ragar (MO)
67777), Federal Register notice provides monitoring checklist completed by the Larry W. Reed (TN)
the current protocol for allowing such Joey D. Renfrow (NC)
treating endocrinologist as well as an
drivers to operate CMVs in interstate Phillip J. Rigling (TN)
annual checklist with a comprehensive
commerce. Kenneth W. Romjue (OK)
medical evaluation; (2) that each
Robert T. Scott (OH)
These 46 applicants have had ITDM individual reports within 2 business
Larry Sherman (AR)
over a range of 1 to 47 years. These days of occurrence, all episodes of
John Smeal (PA)
applicants report no severe severe hypoglycemia, significant
Ronald G. Smeltzer (IN)
hypoglycemic reactions resulting in loss complications, or inability to manage
Randy E. Smith (PA)
of consciousness or seizure, requiring diabetes; also, any involvement in an
Curtis G. Taylor (WA)
the assistance of another person, or accident or any other adverse event in
Jacob F.M. Tucker (UT)
resulting in impaired cognitive function a CMV or personal vehicle, whether or
Jeremy D. Urbanosky (TX)
that occurred without warning not it is related to an episode of
Joseph T. Webb, Jr. (NH)
symptoms, in the past 12 months and no hypoglycemia; (3) that each individual
Douglas L. Zerkle (OH)
recurrent (2 or more) severe provide a copy of the ophthalmologist’s
hypoglycemic episodes in the past 5 or optometrist’s report to the medical In accordance with 49 U.S.C. 31136(e)
years. In each case, an endocrinologist examiner at the time of the annual and 31315 each exemption is valid for
verified that the driver has medical examination; and (4) that each two years unless revoked earlier by
demonstrated a willingness to properly individual provide a copy of the annual FMCSA. The exemption will be revoked
medical certification to the employer for if the following occurs: (1) The person
monitor and manage his/her diabetes
retention in the driver’s qualification fails to comply with the terms and
mellitus, received education related to
file, or keep a copy in his/her driver’s conditions of the exemption; (2) the
diabetes management, and is on a stable
qualification file if he/she is self- exemption has resulted in a lower level
insulin regimen. These drivers report no
employed. The driver must also have a of safety than was maintained before it
other disqualifying conditions,
copy of the certification when driving, was granted; or (3) continuation of the
including diabetes-related
for presentation to a duly authorized exemption would not be consistent with
complications. Each meets the vision
Federal, State, or local enforcement the goals and objectives of 49 U.S.C.
requirement at 49 CFR 391.41(b)(10).
official. 31136(e) and 31315. If the exemption is
The qualifications and medical still effective at the end of the 2-year
condition of each applicant were stated VI. Conclusion period, the person may apply to FMCSA
and discussed in detail in the August 6, Based upon its evaluation of the 46 for a renewal under procedures in effect
2015, Federal Register notice and they exemption applications, FMCSA at that time.
will not be repeated in this notice. exempts the following drivers from the Issued on: December 9, 2015.
III. Discussion of Comments diabetes requirement in 49 CFR Larry W. Minor,
391.41(b)(10), subject to the Associate Administrator for Policy.
FMCSA received no comments in this requirements cited above 949 CFR
[FR Doc. 2015–31975 Filed 12–18–15; 8:45 am]
proceeding. 391.64(b)):
BILLING CODE 4910–EX–P
IV. Basis for Exemption Determination Earl H. Andreas (PA)
Kristopher K. Bitting (PA)
Under 49 U.S.C. 31136(e) and 31315, Eric A. Bouldin (TX) DEPARTMENT OF TRANSPORTATION
FMCSA may grant an exemption from Joel K. Bredeson (WY)
the diabetes requirement in 49 CFR Clinton L. Carlaw, III (WI) Federal Motor Carrier Safety
391.41(b)(3) if the exemption is likely to Victor Carranza (IA) Administration
achieve an equivalent or greater level of Steven A. Casavant (RI)
[Docket No. FMCSA–2015–0239]
safety than would be achieved without Justin M. Coffey (RI)
the exemption. The exemption allows Steven W. Conrad, Jr. (PA) Parts and Accessories Necessary for
the applicants to operate CMVs in Jeremy L. Demar (MN) Safe Operation; Volvo Trucks of North
interstate commerce. Anthony C. Eavenson (NM) America Application for an Exemption
Markie Q. Elsey (MD)
To evaluate the effect of these Michael W. Finnegan (NJ) AGENCY: Federal Motor Carrier Safety
exemptions on safety, FMCSA Gale A. Gallagher (IL) Administration (FMCSA), DOT.
considered medical reports about the Scott E. Gallagher (VA) ACTION: Notice of final disposition.
applicants’ ITDM and vision, and David L. Hareland (MN)
reviewed the treating endocrinologists’ J. Dale Hogrefe (MN) SUMMARY: The Federal Motor Carrier
medical opinion related to the ability of Moazzam Imtiaz (FL) Safety Administration (FMCSA)
the driver to safely operate a CMV while
mstockstill on DSK4VPTVN1PROD with NOTICES
Brian C. Kennerson (NH) announces its decision to grant Volvo
using insulin. Garrett P. Lockwood (IN) Trucks of North America’s (Volvo)
Consequently, FMCSA finds that in Sean P. McNally (AZ) application for a limited 2-year
each case exempting these applicants Ryan A. McNaught (AZ) exemption from 49 CFR 393.60(e)(1) on
from the diabetes requirement in 49 CFR James S. Miller (PA) behalf of motor carriers operating Volvo
391.41(b)(3) is likely to achieve a level Paul R. Monfils (RI) commercial motor vehicles (CMVs) to
of safety equal to that existing without Bryan Moser (AR) use a rain and ambient light detection
the exemption. Richard G. Murman (PA) sensor mounted in the windshield area
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![79414 Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices
(LDW) system sensors not more than 7 Issued on: December 10, 2015. personal information provided. Please
inches above the lower edge of the area T.F. Scott Darling, III, see the Privacy Act heading below for
swept by the windshield wipers and Acting Administrator. further information.
outside the driver’s sight lines to the [FR Doc. 2015–31972 Filed 12–18–15; 8:45 am] Docket: For access to the docket to
road and highway signs and signals (80 BILLING CODE 4910–EX–P read background documents or
FR 13460). FMCSA is not aware of any comments, go to http://
evidence showing that the installation www.regulations.gov at any time or
of the LDW system sensors has resulted DEPARTMENT OF TRANSPORTATION Room W12–140 on the ground level of
in any degradation in safety. the West Building, 1200 New Jersey
Federal Motor Carrier Safety
Terms and Conditions for the Avenue SE., Washington, DC, between 9
Administration
Exemption a.m. and 5 p.m., Monday through
[Docket No. FMCSA–2015–0345] Friday, except Federal holidays. The
The Agency hereby grants the FDMS is available 24 hours each day,
exemption for a 2-year period, Qualification of Drivers; Exemption 365 days each year. If you want
beginning December 21, 2015 and Applications; Vision acknowledgment that we received your
ending December 20, 2017. During the AGENCY: Federal Motor Carrier Safety comments, please include a self-
temporary exemption period, motor Administration (FMCSA), DOT. addressed, stamped envelope or
carriers will be allowed to operate postcard or print the acknowledgement
ACTION: Notice of applications for
CMVs manufactured by Volvo equipped page that appears after submitting
exemptions; request for comments. comments on-line.
with rain and ambient light detection
sensors placed on the lower part of the SUMMARY: FMCSA announces receipt of Privacy Act: In accordance with 5
passenger side of the windshield within applications from 19 individuals for U.S.C. 553(c), DOT solicits comments
the bottom 7 inches of the area swept by exemption from the vision requirement from the public to better inform its
the wipers, outside the driver’s sight in the Federal Motor Carrier Safety rulemaking process. DOT posts these
lines to all mirrors, highway signs, Regulations. They are unable to meet comments, without edit, including any
signals, and view of the road ahead. The the vision requirement in one eye for personal information the commenter
exemption will be valid for 2 years various reasons. The exemptions will provides, to www.regulations.gov, as
unless rescinded earlier by FMCSA. The enable these individuals to operate described in the system of records
exemption will be rescinded if: (1) commercial motor vehicles (CMVs) in notice (DOT/ALL–14 FDMS), which can
Motor carriers and/or commercial motor interstate commerce without meeting be reviewed at www.dot.gov/privacy.
vehicles fail to comply with the terms the prescribed vision requirement in
FOR FURTHER INFORMATION CONTACT:
and conditions of the exemption; (2) the one eye. If granted, the exemptions
would enable these individuals to Christine A. Hydock, Chief, Medical
exemption has resulted in a lower level Programs Division, (202) 366–4001,
of safety than was maintained before it qualify as drivers of commercial motor
vehicles (CMVs) in interstate commerce. fmcsamedical@dot.gov, FMCSA,
was granted; or (3) continuation of the Department of Transportation, 1200
exemption would not be consistent with DATES: Comments must be received on
New Jersey Avenue SE., Room W64–
the goals and objectives of 49 U.S.C. or before January 20, 2016. All 113, Washington, DC 20590–0001.
31136(e) and 31315(b). comments will be investigated by Office hours are 8:30 a.m. to 5 p.m., e.t.,
Interested parties possessing FMCSA. The exemptions will be issued Monday through Friday, except Federal
information that would demonstrate the day after the comment period closes. holidays. If you have questions
that motor carriers operating Volvo ADDRESSES: You may submit comments regarding viewing or submitting
CMVs equipped with rain and ambient bearing the Federal Docket Management material to the docket, contact Docket
light sensors are not achieving the System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826.
requisite statutory level of safety should 2015–0345 using any of the following
methods: SUPPLEMENTARY INFORMATION:
immediately notify FMCSA. The
Agency will evaluate any such • Federal eRulemaking Portal: Go to I. Background
information and, if safety is being http://www.regulations.gov. Follow the
compromised or if the continuation of on-line instructions for submitting Under 49 U.S.C. 31136(e) and 31315,
the exemption is not consistent with 49 comments. FMCSA may grant an exemption from
U.S.C. 31136(e) and 31315(b), will take • Mail: Docket Management Facility; the Federal Motor Carrier Safety
U.S. Department of Transportation, 1200 Regulations for a 2-year period if it finds
immediate steps to revoke the
New Jersey Avenue SE., West Building ‘‘such exemption would likely achieve a
exemption.
Ground Floor, Room W12–140, level of safety that is equivalent to or
Preemption Washington, DC 20590–0001. greater than the level that would be
• Hand Delivery: West Building achieved absent such exemption.’’
In accordance with 49 U.S.C. Ground Floor, Room W12–140, 1200 FMCSA can renew exemptions at the
31313(d), as implemented by 49 CFR New Jersey Avenue SE., Washington, end of each 2-year period. The 19
381.600, during the period this DC, between 9 a.m. and 5 p.m., Monday individuals listed in this notice have
exemption is in effect, no State shall through Friday, except Federal each requested such an exemption from
enforce any law or regulation applicable
mstockstill on DSK4VPTVN1PROD with NOTICES
Holidays. the vision requirement in 49 CFR
to interstate commerce that conflicts • Fax: 1–202–493–2251. 391.41(b)(10), which applies to drivers
with or is inconsistent with this Instructions: Each submission must of CMVs in interstate commerce.
exemption with respect to a firm or include the Agency name and the Accordingly, the Agency will evaluate
person operating under the exemption. docket numbers for this notice. Note the qualifications of each applicant to
States may, but are not required to, that all comments received will be determine whether granting an
adopt the same exemption with respect posted without change to http:// exemption will achieve the required
to operations in intrastate commerce. www.regulations.gov, including any level of safety mandated by statute.
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Document Created: 2015-12-19 02:57:14
Document Modified: 2015-12-19 02:57:14
| 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 December 21, 2015 and ending December 20, 2017. | |
| Contact | Mr. Luke Loy, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC- PSV, (202) 366-0676, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. | |
| FR Citation | 80 FR 79412 |
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