81 FR 65568 - Parts and Accessories Necessary for Safe Operation; Windshield-Mounted Technologies
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 185 (September 23, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 185 (September 23, 2016)
| Page Range | 65568-65574 | |
| FR Document | 2016-22923 |
[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)] [Rules and Regulations] [Pages 65568-65574] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-22923] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 393 [Docket No. FMCSA-2016-0234] RIN 2126-AB94 Parts and Accessories Necessary for Safe Operation; Windshield- Mounted Technologies AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: FMCSA amends the Federal Motor Carrier Safety Regulations (FMCSRs) to allow the voluntary mounting of certain devices on the interior of the windshields of commercial motor vehicles (CMVs), including placement within the area that is swept by the windshield wipers. Section 5301 of the Fixing America's Surface Transportation (FAST) Act directs the Agency to amend the FMCSRs to allow devices to be mounted on the windshield that utilize ``vehicle safety technology,'' as defined in the Act. In addition, the section 5301 states that all windshield mounted devices/technologies with a limited 2-year exemption in effect on the date of enactment, shall be considered to meet the equivalent-or-greater safety standard required for the initial exemption. Promulgation of this final rule is a nondiscretionary, ministerial action that does not require prior notice and public comment under the Administrative Procedure Act (APA). DATES: This final rule is effective October 24, 2016. Petitions for Reconsideration of this final rule must be submitted to the FMCSA Administrator no later than October 24, 2016. FOR FURTHER INFORMATION CONTACT: If you have questions on this final rule, call or email Mr. Luke Loy, Vehicle and Roadside Operations Division, Office of Bus and Truck Standards and Operations, Federal Motor Carrier Safety Administration, telephone: 202-366-0676; [email protected]. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone 202-366- 0676. SUPPLEMENTARY INFORMATION: This Final Rule is organized as follows: I. Executive Summary II. Abbreviations III. Legal Basis IV. Background V. FAST Act--Windshield Technology VI. Discussion of Final Rule VII. International Impacts VIII. Section-by-Section IX. Regulatory Analyses A. E.O. 12866 (Regulatory Planning and Review and DOT Regulatory Policies and Procedures as Supplemented by E.O. 13563) B. Regulatory Flexibility Act (Small Entities) C. Assistance for Small Entities D. Unfunded Mandates Reform Act of 1995 E. Paperwork Reduction Act (Collection of Information) F. E.O. 13132 (Federalism) G. E.O. 12988 (Civil Justice Reform) H. E.O. 13045 (Protection of Children) I. E.O. 12630 (Taking of Private Property) J. Privacy K. E.O. 12372 (Intergovernmental Review) L. E.O. 13211 (Energy Supply, Distribution, or Use) M. E.O. 13175 (Indian Tribal Governments) N. National Technology Transfer and Advancement Act (Technical Standards) O. Environment (NEPA, CAA, E.O.12898 Environmental Justice) I. Executive Summary Section 5301 of the FAST Act, enacted on December 4, 2015, but made effective on October 1, 2015, pursuant to section 1003, directs the Secretary to revise 49 Code of Federal Regulations (CFR) 393.60(e) relating to the prohibition on obstructions to the driver's field of view, to provide an exception for the voluntary mounting on a windshield of ``vehicle safety technology'' likely to achieve a level of [[Page 65569]] safety that is equivalent to or greater than the level of safety that would be achieved without the exception. Section 5301(c) provides that any windshield-mounted technology for which FMCSA had granted a limited exemption under 49 CFR part 381 that was in effect on the date of enactment of the FAST Act (October 1, 2015) shall be considered as meeting the equivalent-or-better level of safety. For this reason, FMCSA amends 49 CFR 393.60(e) to allow the use of all the devices for which limited exemptions had previously been granted, with restrictions on placement that are consistent with the restrictions that were included in the limited 2-year exemptions. Specifically, the Agency replaces current Sec. 393.60(e)(1) with (1) Sec. 393.60(e)(1)(i), which requires antennas and similar devices to be mounted not more than 152 mm (6 inches) below the upper edge of the windshield, and outside the driver's sight lines to the road and highway signs and signals; and (2) Sec. 393.60(e)(1)(ii), which provides an exception to paragraph (e)(1)(i) to allow devices that utilize certain vehicle safety technologies (including, but not limited to video event recorders, lane departure warning systems, collision mitigation or warning systems, transponders, and sensors that are part of a hands-free driver aid equipment package) to be mounted on the interior of the windshield and within the area swept by the windshield wipers. The Agency adds a definition of ``vehicle safety technology'' in Sec. 393.5, specifically as it relates to Sec. 393.60(e). The Agency believes the potential economic impact of these changes is negligible. The amendments do not impose new or more stringent requirements, but simply codify the temporary exemptions granted pursuant to 49 CFR part 381 that allow the use of the above-mentioned devices/technologies in locations that would have previously been a violation of Sec. 393.60(e)(1). More importantly, the amendments do not mandate the use of any devices/technologies, but simply permit the voluntary use of the devices/technologies while mounted in a location that maximizes their effectiveness without impairing operational safety. II. Abbreviations ------------------------------------------------------------------------ Full name Abbreviation or acronym ------------------------------------------------------------------------ Clean Air Act........................... CAA Categorical Exclusion................... CE Code of Federal Regulations............. CFR Commercial Motor Vehicles............... CMVs Executive Order......................... EO Federal Highway Administration.......... FHWA Federal Motor Carrier Safety FMCSA Administration. Federal Motor Carrier Safety Regulations FMCSRs Fixing America's Surface Transportation FAST Act Act. Motor Carrier Act, 1935................. 1935 Act Motor Carrier Safety Act of 1984........ 1984 Act National Environmental Policy Act....... NEPA Notice of Proposed Rulemaking........... NPRM Office of Management and Budget......... OMB United States Code...................... U.S.C. ------------------------------------------------------------------------ III. Legal Basis for the Rulemaking This rulemaking is based on the authority of the Motor Carrier Act, 1935 [1935 Act], the Motor Carrier Safety Act of 1984 [1984 Act], and the FAST Act of 2015. The 1935 Act, as amended, provides that ``[t]he Secretary of Transportation may prescribe requirements for--(1) qualifications and maximum hours of service of employees of, and safety of operation and equipment of, a motor carrier; and (2) qualifications and maximum hours-of-service of employees of, and standards of equipment of, a motor private carrier, when needed to promote safety of operation.'' [49 U.S.C. 31502(b)]. The 1984 Act provides concurrent authority to regulate drivers, motor carriers, and vehicle equipment. It requires the Secretary to ``prescribe regulations on commercial motor vehicle safety. The regulations shall prescribe minimum safety standards for commercial motor vehicles. At a minimum, the regulations shall ensure that--(1) commercial motor vehicles are maintained, equipped, loaded, and operated safely; (2) the responsibilities imposed on operators of commercial motor vehicles do not impair their ability to operate the vehicles safely; (3) the physical condition of operators of commercial motor vehicles is adequate to enable them to operate vehicles safely . . .; (4) the operation of commercial motor vehicles does not have a deleterious effect on the physical condition of the operators; and (5) an operator of a commercial motor vehicle is not coerced by a motor carrier, shipper, receiver, or transportation intermediary to operate a commercial motor vehicle in violation of a regulation promulgated under this section, or chapter 51 or chapter 313 of this title.'' [49 U.S.C. 31136(a)]. Section 5301 of the FAST Act directs FMCSA to exempt voluntary mounting of a vehicle safety technology on a windshield if that technology is likely to achieve a level of safety that is equivalent to or greater than the level of safety that would be achieved without the exemption [Pub. L. 114-94, 129 Stat. 1312, 1543, Dec. 4, 2015]. Section 5301(c) also specifies that any regulatory exemption for windshield- mounted technologies in effect on the date of enactment of the FAST Act ``shall be considered likely to achieve a level of safety that is equivalent to or greater than the level of safety that would be achieved absent an exemption . . .'' It must be noted, however, that section 1003 of the FAST Act makes this provision effective on October 1, 2015, not on the date the act was signed. The requirements of 49 U.S.C. 31136 (a)(1), (2) and (4) are applicable to this rulemaking action. The rulemaking amends 49 CFR part 393 to allow certain safety equipment to be mounted within the area of the windshield swept by the windshield wipers. The Agency has concluded that this modification will not impair operational safety. Because the amendments in this final rule are primarily technical changes that make permanent certain variances already allowed by regulatory exemptions, FMCSA believes that they will be welcomed by motor carriers and drivers alike and that coercion to violate these variances, which is prohibited by Sec. 31136(a)(5), will not be an issue. FMCSA must consider the ``costs and benefits'' of any proposal before promulgating regulations [49 U.S.C. 31136(c)(2)(A), 31502(d)]. Adoption of this rule is a nondiscretionary ministerial action. Because prior notice and opportunity for comment could not affect the substance of this rule, FMCSA finds good cause under 49 U.S.C. 553(b) to make the rule immediately final. For the same reason, the Agency finds good cause to make the rule effective upon publication, as authorized by 49 U.S.C. 553(d). IV. Background The fundamental purpose of 49 CFR part 393, ``Parts and Accessories Necessary for Safe Operation,'' is to ensure that an employer does not operate a CMV or cause or permit it to be operated, unless it is equipped in accordance with the requirements and specifications of that part. However, nothing contained in part 393 should be construed to prohibit the use of additional equipment and accessories, [[Page 65570]] as long as it is not inconsistent with or prohibited by the FMCSRs, provided that such equipment and accessories do not decrease the safety of operation of the CMV on which they are used (Sec. 393.3). Prior to 1998, Sec. 393.60(c) (``Use of vision-reducing matter'') prohibited the operation of any CMV ``with any label, sticker, decalcomania, or other vision-reducing matter covering any portion of its windshield or windows at either side of the driver's compartment, except that stickers required by law may be affixed at the bottom of the windshield, provided that no portion of any label, sticker, decalcomania, or other vision-reducing matter may extend upward more than 4 \1/2\ inches from the bottom of such windshield.'' On March 6, 1995, the Federal Highway Administration (FHWA) granted a petition from the Commonwealth of Kentucky and Heavy Vehicle Electronic License Plate, Inc. for a waiver of the requirements of Sec. 393.60(c) to allow mounting of an automatic vehicle identification transponder at the upper border of the windshield of CMVs. After reviewing automotive engineering recommended practices, the Federal Motor Vehicle Safety Standards, research regarding driver's field of view, and CMV cab designs related to placement of interior mirrors and sun visors, FHWA concluded that mounting a transponder at the approximate center of the top of the windshield would be extremely unlikely to create a situation inconsistent with the safe operation of a CMV, and was unlikely to have any effect on a driver's ability to observe nearby objects, such as pedestrians. On April 14, 1997, FHWA published a notice of proposed rulemaking (NPRM) in which the Agency proposed general amendments to part 393 of the FMCSRs, including numerous revisions to Sec. 393.60 regarding glazing materials, windshields and windows (62 FR 18170). Among other things, FHWA proposed revising Sec. 393.60(c) concerning the restrictions on the use of vision-reducing matter on windshields to allow the installation of antennas, transponders, and similar devices in the upper margin of windshields. Specifically, the NPRM proposed to replace Sec. 393.60(c) with a new Sec. 393.60(e), ``Prohibition on obstructions to the driver's field of view,'' that would (1) 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 or signals, and (2) retain the general requirement that inspection decals and stickers required under Federal or State laws must be mounted not more than 4\1/2\ inches from the bottom of the windshield, outside the area swept by the windshield wipers, and outside the driver's sight lines to the road and highway signs or signals. The proposed revisions were intended to eliminate the need for motor carriers to petition FHWA for waivers to allow the use of windshield-mounted transponders and similar devices, such as the March 1995 waiver. The NPRM stated that ``The proposed amendment would codify the March 6, 1995, waiver and help to promote the use of advanced technologies to improve the efficiency and safety of operation of commercial motor vehicles.'' On January 9, 1998, FHWA published a final rule adopting the amendments as proposed in the April 1997 NPRM (63 FR 1383). In adopting the amendments, FHWA stated that ``revising Sec. 393.60 to allow the use of windshield-mounted transponders and similar devices will help to promote increased efficiency and safety of motor carrier operations.'' FHWA reviewed accident reports concerning the transponder-equipped CMVs operating under the terms of the 1995 waiver, and determined that there had been no crashes that could be attributed to the mounting of such devices in the uppermost area of the center of the windshields of the CMVs. Based on this, FHWA concluded that ``the real-world experience of the motor carriers operating approximately 10,000 transponder-equipped CMVs indicates that allowing other CMVs to be similarly equipped is consistent with the public interest and the safe operation of CMVs.'' The amendments adopted in the January 1998 final rule, establishing Sec. 393.60(e), have remained unchanged over the past 18 years. In the past several years, FMCSA has granted numerous temporary exemptions from 49 CFR 393.60(e)(1) for a variety of devices and safety technologies that require a clear forward-facing visual field to function most effectively. In conditions of rain or other inclement weather, these devices must be located partially or entirely in the area of the windshield swept by wipers. Many of these devices/safety technologies, such as video event recorders, lane departure warning system sensors, and forward collision warning and mitigation systems, did not exist when the requirements of Sec. 393.60(e) were first established in 1998. V. FAST Act--Windshield Technology Section 5301(a) of the FAST Act directs FMCSA to amend Sec. 393.60(e) of the FMCSRs to ``exempt from that section the voluntary mounting on a windshield of vehicle safety technology likely to achieve a level of safety that is equivalent to or greater than the level of safety that would be achieved absent the exemption.'' ``Vehicle safety technology'' is defined in Section 5301(b) to include (1) a fleet- related incident management system, (2) performance or behavior management system, (3) speed management system, (4) lane departure warning system, (5) forward collision warning or mitigation system, (6) active cruise control system, and (7) any other technology that the Secretary considers applicable. Section 5301(c) also states that ``any windshield mounted technology with a short term exemption under part 381 of title 49, Code of Federal Regulations, on the date of enactment of this Act, shall be considered likely to achieve a level of safety that is equivalent to or greater than the level of safety that would be achieved absent an exemption.'' The following is a list of temporary exemptions from Sec. 393.60(e) that were in effect on October 1, 2015, the effective date of the FAST Act pursuant to section 1003:On March 13, 2015 (80 FR 13460), FMCSA granted a 2-year exemption from Sec. 393.60(e)(1) to Volvo/Prevost, LLC motorcoaches for a lane departure system 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 lane departure warning system alerts drivers who unintentionally drift out of their lane of travel, thus promoting improved safety performance. On March 18, 2015 (80 FR 14222), FMCSA granted Mobileye, Inc., a 2-year exemption from Sec. 393.60(e)(1) for CMVs utilizing a camera-based collision avoidance system mounted not more than 4 inches below the upper edge, or 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 collision avoidance system warns drivers of potential hazards by detecting other vehicles, pedestrians and cyclists on the road, and lane markings and traffic signs. On March 18, 2015 (80 FR 14231), FMCSA granted Lytx Inc. (formerly DriveCam, Inc.), a renewal of a 2-year exemption from Sec. 393.60(e)(1) for CMV utilizing video event recorders mounted not more than 50 mm (2 inches) below the upper edge of the area swept by the windshield wipers, and located outside the driver's sight lines to the road and highway signs and signals. Use of the [[Page 65571]] video event recorders increases safety through (1) identification and remediation of risky driving behaviors such as distracted driving and drowsiness, (2) enhanced monitoring of passenger behavior for CMVs in passenger service, and (3) enhanced collision review and analysis. This exemption was initially granted on April 15, 2009, and was renewed for successive 2-year periods in 2011, 2013, and 2015. On April 2, 2015 (80 FR 17818), FMCSA granted Greyhound Lines, Inc. a renewal of a 2-year exemption from Sec. 393.60(e)(1) for its buses utilizing video event recorders mounted not more than 50 mm (2 inches) below the upper edge of the area swept by the windshield wipers, and located outside the driver's sight lines to the road and highway signs and signals. Use of the video event recorders increases safety through (1) identification and remediation of risky driving behaviors such as distracted driving and drowsiness, (2) enhanced monitoring of passenger behavior for CMVs in passenger service, and (3) enhanced collision review and analysis. This exemption was initially granted on March 19, 2009, and was renewed for successive 2-year periods in 2011, 2013, and 2015. On May 20, 2015 (80 FR 29151), FMCSA granted the Virginia Tech Transportation Institute a 2-year exemption from Sec. 393.60(e) to allow certain motor carriers operating up to 150 CMVs that are part of a National Highway Traffic Safety Administration (NHTSA) research program on the reliability of collision avoidance systems to mount camera-based data acquisition systems within and/or below 3 inches of the bottom of the driver side windshield wiper sweep, and out of the driver's sight lines to the road and highway signs and signals. The data acquisition system provides an external view of the road and an internal view of the driver, scanning the facial features of the driver for detection of impaired driving. On June 22, 2015 (80 FR 35697), FMCSA granted Help, Inc. a 2-year exemption from Sec. 393.60(e)(1) for motor carriers using Help, Inc. transponders mounted 2 inches right of the center of the windshield, and 2-3 inches above the dashboard. If however, because of the design and mounting of the windshield wipers on a particular CMV, use of the mounting location identified above did not result in the transponder being located within the swept area of the wipers, where it could function optimally, the transponder could be positioned: (1) To the right of the center of the windshield; and (2) as low as possible in the swept area of the wipers. The transponders transmit and receive data that is used to help determine a vehicle's compliance with safety, weight, and credential requirements while traveling at highway speeds, saving motor carriers time, fuel, and money, reducing congestion around inspection facilities, and improving inspection efficiency and effectiveness by enabling officials to focus their resources on vehicles with safety and size and weight infractions. On November 18, 2013, FMCSA renewed (and published on November 25, 2013, 78 FR 70396) for 2 years an exemption from Sec. 393.60(e)(1) for motor carriers using lane departure warning systems and collision mitigation systems 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 lane departure warning system alerts drivers who unintentionally drift out of their lane of travel, thus promoting improved safety performance. This exemption was initially granted in 2011, renewed (through November 25, 2015) in 2013, and again (through November 17, 2017) on December 7, 2015 (80 FR 76061). The 2011 exemption was in effect on the date of enactment of the FAST Act. Less than one month after enactment of the FAST Act, FMCSA granted one additional temporary exemption from Sec. 393.60(e) that is currently in effect: On December 21, 2015 (80 FR 794112), FMCSA granted Volvo Trucks of North America a 2-year exemption from Sec. 393.60(e)(1) for motor carriers operating Volvo CMVs to use a rain and ambient light detection sensor mounted in the lower part of the passenger side of the windshield within the bottom 7 inches of the area swept by the windshield wipers, outside the driver's sight lines to all mirrors, highway signs, signals, and view of the road ahead. The sensors are part of a hands-free driver aid equipment package intended to improve driver safety. Video event recorders (Lytx, Greyhound), lane departure warning systems (Bendix, Volvo/Prevost), and collision avoidance systems (Mobileye) were specifically identified in the definition of ``vehicle safety technology'' in section 5301(b) of the FAST Act. FMCSA considers both the VTTI data acquisition system, which scans a driver's facial features for the detection of impaired driving, and the Volvo rain and ambient light sensor, which is part of a hands-free driver aid equipment package, to be ``performance or behavior management systems'' under the definition in the Act. While transponders do not fall into any of the specific categories included in the definition of ``vehicle safety technology'' in the Act, these devices have been permitted to be mounted in the windshield of CMVs since the granting of the 1995 waiver, and will be included in the amendments made via this rule as the HELP, Inc., temporary exemption was in effect at the time the Act was published. VI. Discussion of Final Rule As directed by the Act, this final rule amends Sec. 393.60(e) to allow certain vehicle safety technologies to be mounted on the interior of the windshield of a CMV, within a defined portion of the swept area of the windshield. FMCSA adds a definition of ``vehicle safety technology'' in Sec. 393.5 of the FMCSRs, to include all of the technologies that had been granted temporary exemptions from Sec. 393.60(e) that were in effect at the time the FAST Act was enacted. Consistent with the terms and conditions outlined in the various temporary exemptions currently in effect, the amended rules require devices that must be mounted within the area swept by the windshield wipers to be located (1) not more than 100 mm (4 inches) below the upper edge, and (2) not more than 175 mm (7 inches) above the lower edge of the area swept. Additionally, and consistent with the existing regulation and the terms and conditions of the temporary exemptions, the devices must be located outside the driver's sight lines to the road and highway signs and signals. Similar to the 1995 waiver and the 1998 amendments to Sec. 393.60, this rule updates the FMCSRs in response to the development and proliferation of devices that utilize new and innovative vehicle safety technologies that did not exist at the time the previous requirements were adopted. These devices/technologies have been proven to improve safety and vehicle operations. As the first temporary exemption from 393.60(e)(1) was granted in March 2009, FMCSA has over 7 years of real- world experience of motor carriers operating CMVs using devices mounted on the interior of the windshield and marginally within the area swept by the windshield wipers. During that time, FMCSA is unaware of any crashes that have been attributed to the location of such devices. Section 5301(b) of the Act directs the Agency to permit specific vehicle safety technologies (i.e., fleet-related incident management system, performance or behavior management system, speed [[Page 65572]] management system, lane departure warning system, forward collision warning or mitigation system, and active cruise control system) to be mounted lower in the windshield than currently allowed, and ``any other technology that the Secretary considers applicable.'' At this time, the Agency is unaware of any other existing technologies that should be included in the amendments made via this rule. VII. International Impacts The FMCSRs, and any exceptions to the FMCSRs, apply only within the United States (and, in some cases, United States territories). Motor carriers and drivers are subject to the laws and regulations of the countries that they operate in, unless an international agreement states otherwise. Drivers and carriers should be aware of the regulatory differences amongst nations. VIII. Section-by-Section Analysis Under this final rule, the requirements of 49 CFR 393.60 are revised to allow for the utilization of specific vehicle safety technologies that would be mounted on the interior of the windshield of a CMV, and within the area swept by the windshield wipers. FMCSA also adds a definition for ``vehicle safety technology'' in 49 CFR 393.5 IX. Regulatory Analyses A. Executive Order 12866 (Regulatory Planning and Review and DOT Regulatory Policies and Procedures as Supplemented by Executive Order 13563) This final rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by E.O. 13563 (76 FR 3821, January 21, 2011); is not significant within the meaning of DOT regulatory policies and procedures (DOT Order 2100.5 dated May 22, 1980, 44 FR 11034, February 26, 1979); and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. Therefore, the Office of Management and Budget has not reviewed it under that Order. The Agency estimates that the economic benefits and costs of the voluntary use of vehicle safety technologies will be less than $100 million. Carriers will not incur costs associated with adopting any technologies identified in this final rule because all such technologies are purely optional. Manufacturers of technologies currently exempted will experience a minor cost savings through the elimination of the biennial burden to renew existing exemptions. Manufacturers not currently named in exemptions that wish to develop and market such technologies will have new business opportunities. Carriers that choose to purchase and install currently exempt technologies may be more confident in doing so since there will be no question as to whether an expiring exemption will be renewed. Furthermore, the net impact of this rule, although small, should be beneficial to the motoring public. When FMCSA previously granted each exemption involved here, it found that doing so would likely achieve a level of safety equivalent to, or greater than, the level of safety achieved without the exemption. Based on the technical information available, there is no indication that the rain and ambient light detection sensors, lane departure warning system sensors, collision mitigation or avoidance system sensors, video event recorders or transponders would obstruct drivers' views of the roadway, highway signs and surrounding traffic. Generally, trucks and buses have an elevated seating position that greatly improves the forward visual field of the driver; and the location within the top four inches of the area swept by the windshield wipers and out of the driver's sightline or within the bottom 7 inches of the area swept by the windshield wipers and out of the driver's sightline will be reasonable and enforceable at roadside. Moreover, no exemption has been rescinded due to: (1) Motor carriers and/or commercial motor vehicles failing to comply with the terms and conditions of an exemption; (2) A lower level of safety than that prior to the granting of an exemption; or (3) Inconsistency between continuation of an exemption with the goals and objectives of 49 U.S.C. 31136(e) and 31315(b). For the reasons stated above, the Agency estimates that the net impact of this rule will be positive. The economic impact of this final rule is expected to be small because it merely makes permanent certain temporary exemptions to the windshield-obstruction rule, and none of its provisions involve new or more stringent requirements than those already allowed by current exemptions. This final rule does not approach the $100 million annual threshold of economic significance with respect to costs; in fact, it adds no new costs. With respect to benefits, this final rule will marginally increase the usage of vehicle safety technologies as defined in Section 5301(b) of the FAST Act, thereby producing safety benefits that the Agency lacks data to quantify. However, as the vehicle safety technologies permanently exempted in this rule are already commercially available and used by many carriers, the Agency expects their usage to increase only slightly faster than without this rule. The Agency therefore expects the benefits of this final rule will not rise to the $100 million annual threshold for economic significance. Moreover, the Agency does not expect the rule to generate substantial congressional or public interest. The FMCSA has determined that it has good cause under 5 U.S.C. 553(b) to adopt this final rule without prior notice and opportunity for comment. The Agency finds that notice and comment are ``unnecessary'' because section 5301(a) of the FAST Act required FMCSA to revise Sec. 393.60(e) within 180 days of the date of enactment, essentially to codify as permanent regulations those exemptions to the windshield-obstruction rule that have been issued in recent years. Section 5301(c) specified that any exemption from Sec. 393.60(e) in effect on the date of enactment of the FAST Act must be considered to meet the statutory test for an exemption in 49 U.S.C. 31315(b)(1), i.e., ``likely [to] achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.'' Because section 5301 gives FMCSA no discretion in amending the regulations to allow vehicle safety technology, the Agency has determined that notice and comment are unnecessary. B. Regulatory Flexibility Act The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Title II, Pub. L. 104-121, 110 Stat. 857, March 29, 1996), requires Federal agencies to consider the effects of the regulatory action on small business and other small entities and to minimize any significant economic impact. The term ``small entities'' comprises small businesses and not-for-profit organizations that are independently owned and operated and are not dominant in their fields and governmental jurisdictions with populations of less than 50,000. Accordingly, DOT policy requires an analysis of the impact of all regulations on small entities and mandates that agencies strive to lessen any adverse effects on these businesses. Pursuant to the Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. 601 et seq.), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857), FMCSA is not required to prepare a [[Page 65573]] final regulatory flexibility analysis under 5 U.S.C. 604(a) for this final rule because the Agency has not issued a notice of proposed rulemaking prior to this action. FMCSA determined that it has good cause to adopt the rule without notice and comment. C. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, FMCSA wants to assist small entities in understanding this final rule so that they can better evaluate its effects on them and participate in the rulemaking initiative. If the final rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please consult the FMCSA personnel listed in the FOR FURTHER INFORMATION CONTACT section of the final rule. Small businesses may send comments on the actions of Federal employees who enforce or otherwise determine compliance with Federal regulations to the Small Business Administration's Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of FMCSA, call 1-888-REG-FAIR (1-888-734-3247). DOT has a policy ensuring the rights of small entities to regulatory enforcement fairness and an explicit policy against retaliation for exercising these rights. D. Unfunded Mandates Reform Act of 1995 This final rule will not impose an unfunded Federal mandate, as defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532 et seq.), that results in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $155 million (which is the value of $100 million in 2014 after adjusting for inflation) or more in any 1 year. E. Paperwork Reduction Act (Collection of Information) This final rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). FMCSA has determined that no new information collection requirements are associated with this rule under OMB control number 2126-0003, ``Inspection, Repair, and Maintenance.'' F. Executive Order 13132 (Federalism) A rule has Federalism implications if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on the States. FMCSA has analyzed this final rule under Executive Order 13132 and determined that it does not have Federalism implications. G. Executive Order 12988 (Civil Justice Reform) The final rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. H. Executive Order 13045 (Protection of Children) FMCSA analyzed this action under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. The Agency determined that this final rule will not create an environmental risk to health or safety that may disproportionately affect children. I. Executive Order 12630 (Taking of Private Property) FMCSA reviewed this final rule in accordance with Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights, and has determined it will not effect a taking of private property or otherwise have taking implications. J. Privacy Impact Assessment Section 522 of title I of division H of the Consolidated Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108-447, 118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to conduct a privacy impact assessment of a regulation that will affect the privacy of individuals. This final rule does not require the collection of any personally identifiable information. The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies and any non-Federal agency that receives records contained in a system of records from a Federal agency for use in a matching program. FMCSA has determined this final rule will not result in a new or revised Privacy Act System of Records for FMCSA. K. Executive Order 12372 (Intergovernmental Review) The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this program. L. Executive Order 13211 (Energy Supply, Distribution, or Use) FMCSA analyzed this final rule under E.O. 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. The Agency has determined that it is not a ``significant energy action'' under that order because it is not a ``significant regulatory action'' likely to have a significant adverse effect on the supply, distribution, or use of energy. Therefore, it does not require a Statement of Energy Effects under E.O. 13211. M. Executive Order 13175 (Indian Tribal Governments) This final rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. N. National Technology Transfer and Advancement Act (Technical Standards) The National Technology Transfer and Advancement Act (15 U.S.C. 272 note) requires Federal agencies proposing to adopt technical standards to consider whether voluntary consensus standards are available. If the Agency chooses to adopt its own standards in place of existing voluntary consensus standards, it must explain its decision in a separate statement to OMB. Because FMCSA does not intend to adopt its own technical standards, there is no need to submit a separate statement to OMB on this matter. O. Environment (National Environmental Policy Act, Clean Air Act, Environmental Justice) FMCSA analyzed this final rule in accordance with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and determined under our environmental procedures Order 5610.1 (69 FR 9680, March 1, 2004) that this action does not have any effect on the quality of the environment. Therefore, this final rule is categorically excluded from further analysis and documentation in an environmental assessment or environmental impact statement under FMCSA Order 5610.1, Appendix 2, paragraph 6.bb. The Categorical Exclusion (CE) in paragraph 6.bb. addresses regulations concerning vehicle operation safety standards (e.g., regulations requiring: Certain motor [[Page 65574]] carriers to use approved equipment which is required to be installed such as an ignition cut-off switch, or carried on board, such as a fire extinguisher, and/or stricter blood alcohol concentration (BAC) standards for drivers, etc.), equipment approval, and/or equipment carriage requirements (e.g. fire extinguishers and flares). A Categorical Exclusion Determination is available for inspection or copying in the Regulations.gov. FMCSA also analyzed this final rule under the Clean Air Act, as amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), and implementing regulations promulgated by the Environmental Protection Agency. Approval of this action is exempt from the CAA's general conformity requirement since it does not affect direct or indirect emissions of criteria pollutants. Under E.O. 12898, each Federal agency must identify and address, as appropriate, ``disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations'' in the United States, its possessions, and territories. FMCSA evaluated the environmental justice effects of this final rule in accordance with the Executive Order, and has determined that it has none, nor is there any collective environmental impact that would result from its promulgation. List of Subjects in 49 CFR Part 393 Highway safety, Motor carriers, Motor vehicle safety. For the reasons stated above, FMCSA amends 49 CFR chapter III, subchapter B, as follows: PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION 0 1. The authority citation for part 393 is revised to read as follows: Authority: 49 U.S.C. 31136, 31151, and 31502; sec. 1041(b) of Pub. L. 102-240, 105 Stat. 1914, 1993 (1991); sec. 5301 and 5524 of Pub. L. 114-94, 129 Stat. 1312, 1543, 1560; and 49 CFR 1.87. 0 2. Amend Sec. 393.5 by adding a definition for ``Vehicle safety technology'' in alphabetical order to read as follows: Sec. 393.5 Definitions. * * * * * Vehicle safety technology. Vehicle safety technology includes a fleet-related incident management system, performance or behavior management system, speed management system, lane departure warning system, forward collision warning or mitigation system, active cruise control system, and transponder. * * * * * 0 3. Amend Sec. 393.60 by revising paragraph (e)(1) to read as follows: Sec. 393.60 Glazing in specified openings. * * * * * (e) Prohibition on obstructions to the driver's field of view--(1) Devices mounted on the interior of the windshield. (i) Antennas, 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. (ii) Paragraph (e)(1)(i) of this section does not apply to vehicle safety technologies, as defined in Sec. 393.5, that are mounted on the interior of a windshield. Devices with vehicle safety technologies must be mounted: (A) Not more than 100 mm (4 inches) below the upper edge of the area swept by the windshield wipers; (B) Not more than 175 mm (7 inches) above the lower edge of the area swept by the windshield wipers; and (C) Outside the driver's sight lines to the road and highway signs and signals. * * * * * Issued under the authority of delegation in 49 CFR 1.87 on: September 12, 2016. T.F. Scott Darling, III, Administrator. [FR Doc. 2016-22923 Filed 9-22-16; 8:45 am] BILLING CODE 4910-EX-P
![65568 Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Rules and Regulations
Foreign Acquisition, and related ■ ii. In paragraph (a), in the definition the equivalent-or-greater safety standard
clauses,’’ in accordance with the of ‘‘designated country’’ in paragraph required for the initial exemption.
Paperwork Reduction Act (44 U.S.C. (i), adding, in alphabetical order, the Promulgation of this final rule is a
chapter 35). The impact, however, is country of ‘‘Moldova’’; nondiscretionary, ministerial action that
negligible, because the rule only affects ■ b. In the Alternate I clause— does not require prior notice and public
the response of an offeror that is offering ■ i. Removing the clause date of ‘‘(JUN comment under the Administrative
a product of Moldova in an acquisition 2016)’’ and adding ‘‘(SEP 2016)’’ in its Procedure Act (APA).
that exceeds $191,000. In 252.225–7018, place; DATES: This final rule is effective
the offeror of a product from Moldova ■ ii. In paragraph (a), in the definition October 24, 2016.
must now check a box at (d)(6)(i) of the of ‘‘designated country’’ in paragraph Petitions for Reconsideration of this
provision. However, the offeror no (i), adding, in alphabetical order, the final rule must be submitted to the
longer needs to list a product from country of ‘‘Moldova’’; FMCSA Administrator no later than
Moldova under ‘‘other end products’’ at ■ c. In the Alternate II clause— October 24, 2016.
252.225–7020(c)(2), because Moldova is ■ i. Removing the clause date of ‘‘(JUN FOR FURTHER INFORMATION CONTACT: If
now a designated country. 2016)’’ and adding ‘‘(SEP 2016)’’ in its you have questions on this final rule,
place; call or email Mr. Luke Loy, Vehicle and
List of Subjects in 48 CFR Part 252 ■ ii. In paragraph (a), in the definition Roadside Operations Division, Office of
Government procurement. of ‘‘designated country’’ in paragraph Bus and Truck Standards and
(i), adding, in alphabetical order, the Operations, Federal Motor Carrier Safety
Jennifer L. Hawes,
country of ‘‘Moldova’’; and Administration, telephone: 202–366–
Editor, Defense Acquisition Regulations ■ d. In the Alternate III clause—
System. 0676; luke.loy@dot.gov. If you have
■ i. Removing the clause date of ‘‘(JUN questions on viewing or submitting
Therefore, 48 CFR part 252 is 2016)’’ and adding ‘‘(SEP 2016)’’ in its
amended as follows: material to the docket, contact Docket
place; Services, telephone 202–366–0676.
■ ii. In paragraph (a), in the definition
PART 252—SOLICITATION SUPPLEMENTARY INFORMATION: This Final
of ‘‘designated country’’ in paragraph
PROVISIONS AND CONTRACT Rule is organized as follows:
CLAUSES (i), adding, in alphabetical order, the
country of ‘‘Moldova’’. I. Executive Summary
II. Abbreviations
■ 1. The authority citation for 48 CFR [FR Doc. 2016–22571 Filed 9–22–16; 8:45 am] III. Legal Basis
part 252 continues to read as follows: BILLING CODE 5001–06–P IV. Background
Authority: 41 U.S.C. 1303 and 48 CFR V. FAST Act—Windshield Technology
chapter 1. VI. Discussion of Final Rule
DEPARTMENT OF TRANSPORTATION VII. International Impacts
252.225–7017 [Amended] VIII. Section-by-Section
Federal Motor Carrier Safety IX. Regulatory Analyses
■ 2. Amend section 252.225–7017 by— A. E.O. 12866 (Regulatory Planning and
■ a. Removing the clause date of ‘‘(AUG Administration
Review and DOT Regulatory Policies and
2016)’’ and adding ‘‘(SEP 2016)’’ in its Procedures as Supplemented by E.O.
place; and 49 CFR Part 393 13563)
■ b. In paragraph (a), in the definition of [Docket No. FMCSA–2016–0234] B. Regulatory Flexibility Act (Small
‘‘designated country’’ in paragraph (i), Entities)
adding, in alphabetical order, the RIN 2126–AB94 C. Assistance for Small Entities
country of ‘‘Moldova’’. D. Unfunded Mandates Reform Act of 1995
Parts and Accessories Necessary for E. Paperwork Reduction Act (Collection of
252.225–7021 [Amended] Safe Operation; Windshield-Mounted Information)
Technologies F. E.O. 13132 (Federalism)
■ 3. Amend section 252.225–7021 by— G. E.O. 12988 (Civil Justice Reform)
■ a. In the basic clause— AGENCY: Federal Motor Carrier Safety H. E.O. 13045 (Protection of Children)
■ i. Removing the clause date of ‘‘(AUG Administration (FMCSA), DOT. I. E.O. 12630 (Taking of Private Property)
2016)’’ and adding ‘‘(SEP 2016)’’ in its ACTION: Final rule. J. Privacy
place; K. E.O. 12372 (Intergovernmental Review)
■ ii. In paragraph (a), in the definition SUMMARY: FMCSA amends the Federal L. E.O. 13211 (Energy Supply, Distribution,
of ‘‘designated country’’ in paragraph Motor Carrier Safety Regulations or Use)
M. E.O. 13175 (Indian Tribal Governments)
(i), adding, in alphabetical order, the (FMCSRs) to allow the voluntary
N. National Technology Transfer and
country of ‘‘Moldova’’; mounting of certain devices on the Advancement Act (Technical Standards)
■ b. In the Alternate II clause— interior of the windshields of O. Environment (NEPA, CAA, E.O.12898
■ i. Removing the clause date of ‘‘(AUG commercial motor vehicles (CMVs), Environmental Justice)
2016)’’ and adding ‘‘(SEP 2016)’’ in its including placement within the area
place; and that is swept by the windshield wipers. I. Executive Summary
■ ii. In paragraph (a), in the definition Section 5301 of the Fixing America’s Section 5301 of the FAST Act,
of ‘‘designated country’’ in paragraph Surface Transportation (FAST) Act enacted on December 4, 2015, but made
(i), adding, in alphabetical order, the directs the Agency to amend the effective on October 1, 2015, pursuant to
country of ‘‘Moldova’’. FMCSRs to allow devices to be mounted section 1003, directs the Secretary to
on the windshield that utilize ‘‘vehicle revise 49 Code of Federal Regulations
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252.225–7045 [Amended] safety technology,’’ as defined in the (CFR) 393.60(e) relating to the
■ 4. Amend section 252.225–7045 by— Act. In addition, the section 5301 states prohibition on obstructions to the
■ a. In the basic clause— that all windshield mounted devices/ driver’s field of view, to provide an
■ i. Removing the clause date of ‘‘(JUN technologies with a limited 2-year exception for the voluntary mounting on
2016)’’ and adding ‘‘(SEP 2016)’’ in its exemption in effect on the date of a windshield of ‘‘vehicle safety
place; enactment, shall be considered to meet technology’’ likely to achieve a level of
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![Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Rules and Regulations 65569
safety that is equivalent to or greater Abbreviation section, or chapter 51 or chapter 313 of
Full name
than the level of safety that would be or acronym this title.’’ [49 U.S.C. 31136(a)].
achieved without the exception. Section Section 5301 of the FAST Act directs
5301(c) provides that any windshield- Executive Order ................... EO FMCSA to exempt voluntary mounting
mounted technology for which FMCSA Federal Highway Administra- FHWA of a vehicle safety technology on a
tion. windshield if that technology is likely to
had granted a limited exemption under
Federal Motor Carrier Safety FMCSA
49 CFR part 381 that was in effect on the achieve a level of safety that is
Administration.
date of enactment of the FAST Act Federal Motor Carrier Safety FMCSRs equivalent to or greater than the level of
(October 1, 2015) shall be considered as Regulations. safety that would be achieved without
meeting the equivalent-or-better level of Fixing America’s Surface FAST Act the exemption [Pub. L. 114–94, 129 Stat.
safety. For this reason, FMCSA amends Transportation Act. 1312, 1543, Dec. 4, 2015]. Section
49 CFR 393.60(e) to allow the use of all Motor Carrier Act, 1935 ....... 1935 Act 5301(c) also specifies that any
the devices for which limited Motor Carrier Safety Act of 1984 Act regulatory exemption for windshield-
exemptions had previously been 1984. mounted technologies in effect on the
granted, with restrictions on placement National Environmental Pol- NEPA date of enactment of the FAST Act
icy Act. ‘‘shall be considered likely to achieve a
that are consistent with the restrictions
Notice of Proposed Rule- NPRM
that were included in the limited 2-year level of safety that is equivalent to or
making.
exemptions. Office of Management and OMB greater than the level of safety that
Specifically, the Agency replaces Budget. would be achieved absent an exemption
current § 393.60(e)(1) with (1) United States Code .............. U.S.C. . . .’’ It must be noted, however, that
§ 393.60(e)(1)(i), which requires section 1003 of the FAST Act makes this
antennas and similar devices to be III. Legal Basis for the Rulemaking provision effective on October 1, 2015,
mounted not more than 152 mm (6 not on the date the act was signed.
inches) below the upper edge of the This rulemaking is based on the The requirements of 49 U.S.C. 31136
windshield, and outside the driver’s authority of the Motor Carrier Act, 1935 (a)(1), (2) and (4) are applicable to this
sight lines to the road and highway [1935 Act], the Motor Carrier Safety Act rulemaking action. The rulemaking
signs and signals; and (2) of 1984 [1984 Act], and the FAST Act amends 49 CFR part 393 to allow certain
§ 393.60(e)(1)(ii), which provides an of 2015. safety equipment to be mounted within
exception to paragraph (e)(1)(i) to allow The 1935 Act, as amended, provides the area of the windshield swept by the
devices that utilize certain vehicle that ‘‘[t]he Secretary of Transportation windshield wipers. The Agency has
safety technologies (including, but not may prescribe requirements for—(1) concluded that this modification will
limited to video event recorders, lane qualifications and maximum hours of not impair operational safety. Because
departure warning systems, collision service of employees of, and safety of the amendments in this final rule are
mitigation or warning systems, operation and equipment of, a motor primarily technical changes that make
transponders, and sensors that are part carrier; and (2) qualifications and permanent certain variances already
of a hands-free driver aid equipment maximum hours-of-service of employees allowed by regulatory exemptions,
package) to be mounted on the interior of, and standards of equipment of, a FMCSA believes that they will be
of the windshield and within the area motor private carrier, when needed to welcomed by motor carriers and drivers
swept by the windshield wipers. The promote safety of operation.’’ [49 U.S.C. alike and that coercion to violate these
Agency adds a definition of ‘‘vehicle 31502(b)]. variances, which is prohibited by
safety technology’’ in § 393.5, § 31136(a)(5), will not be an issue.
The 1984 Act provides concurrent FMCSA must consider the ‘‘costs and
specifically as it relates to § 393.60(e).
authority to regulate drivers, motor benefits’’ of any proposal before
The Agency believes the potential
carriers, and vehicle equipment. It promulgating regulations [49 U.S.C.
economic impact of these changes is
requires the Secretary to ‘‘prescribe 31136(c)(2)(A), 31502(d)].
negligible. The amendments do not
regulations on commercial motor Adoption of this rule is a
impose new or more stringent
vehicle safety. The regulations shall nondiscretionary ministerial action.
requirements, but simply codify the
prescribe minimum safety standards for Because prior notice and opportunity
temporary exemptions granted pursuant
commercial motor vehicles. At a for comment could not affect the
to 49 CFR part 381 that allow the use
minimum, the regulations shall ensure substance of this rule, FMCSA finds
of the above-mentioned devices/
that—(1) commercial motor vehicles are good cause under 49 U.S.C. 553(b) to
technologies in locations that would
maintained, equipped, loaded, and make the rule immediately final. For the
have previously been a violation of
operated safely; (2) the responsibilities same reason, the Agency finds good
§ 393.60(e)(1). More importantly, the
imposed on operators of commercial cause to make the rule effective upon
amendments do not mandate the use of
motor vehicles do not impair their publication, as authorized by 49 U.S.C.
any devices/technologies, but simply
ability to operate the vehicles safely; (3) 553(d).
permit the voluntary use of the devices/
the physical condition of operators of
technologies while mounted in a IV. Background
commercial motor vehicles is adequate
location that maximizes their
to enable them to operate vehicles safely The fundamental purpose of 49 CFR
effectiveness without impairing
. . .; (4) the operation of commercial part 393, ‘‘Parts and Accessories
operational safety.
motor vehicles does not have a Necessary for Safe Operation,’’ is to
II. Abbreviations deleterious effect on the physical ensure that an employer does not
condition of the operators; and (5) an operate a CMV or cause or permit it to
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Abbreviation operator of a commercial motor vehicle be operated, unless it is equipped in
Full name or acronym is not coerced by a motor carrier, accordance with the requirements and
Clean Air Act ........................ CAA shipper, receiver, or transportation specifications of that part. However,
Categorical Exclusion ........... CE intermediary to operate a commercial nothing contained in part 393 should be
Code of Federal Regulations CFR motor vehicle in violation of a construed to prohibit the use of
Commercial Motor Vehicles CMVs regulation promulgated under this additional equipment and accessories,
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![65572 Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Rules and Regulations
management system, lane departure renew existing exemptions. as the vehicle safety technologies
warning system, forward collision Manufacturers not currently named in permanently exempted in this rule are
warning or mitigation system, and exemptions that wish to develop and already commercially available and
active cruise control system) to be market such technologies will have new used by many carriers, the Agency
mounted lower in the windshield than business opportunities. Carriers that expects their usage to increase only
currently allowed, and ‘‘any other choose to purchase and install currently slightly faster than without this rule.
technology that the Secretary considers exempt technologies may be more The Agency therefore expects the
applicable.’’ At this time, the Agency is confident in doing so since there will be benefits of this final rule will not rise to
unaware of any other existing no question as to whether an expiring the $100 million annual threshold for
technologies that should be included in exemption will be renewed. economic significance. Moreover, the
the amendments made via this rule. Furthermore, the net impact of this Agency does not expect the rule to
rule, although small, should be generate substantial congressional or
VII. International Impacts beneficial to the motoring public. When public interest.
The FMCSRs, and any exceptions to FMCSA previously granted each The FMCSA has determined that it
the FMCSRs, apply only within the exemption involved here, it found that has good cause under 5 U.S.C. 553(b) to
United States (and, in some cases, doing so would likely achieve a level of adopt this final rule without prior notice
United States territories). Motor carriers safety equivalent to, or greater than, the and opportunity for comment. The
and drivers are subject to the laws and level of safety achieved without the Agency finds that notice and comment
regulations of the countries that they exemption. Based on the technical are ‘‘unnecessary’’ because section
operate in, unless an international information available, there is no 5301(a) of the FAST Act required
agreement states otherwise. Drivers and indication that the rain and ambient FMCSA to revise § 393.60(e) within 180
carriers should be aware of the light detection sensors, lane departure days of the date of enactment,
regulatory differences amongst nations. warning system sensors, collision essentially to codify as permanent
mitigation or avoidance system sensors, regulations those exemptions to the
VIII. Section-by-Section Analysis video event recorders or transponders windshield-obstruction rule that have
Under this final rule, the would obstruct drivers’ views of the been issued in recent years. Section
requirements of 49 CFR 393.60 are roadway, highway signs and 5301(c) specified that any exemption
revised to allow for the utilization of surrounding traffic. Generally, trucks from § 393.60(e) in effect on the date of
specific vehicle safety technologies that and buses have an elevated seating enactment of the FAST Act must be
would be mounted on the interior of the position that greatly improves the considered to meet the statutory test for
windshield of a CMV, and within the forward visual field of the driver; and an exemption in 49 U.S.C. 31315(b)(1),
area swept by the windshield wipers. the location within the top four inches i.e., ‘‘likely [to] achieve a level of safety
FMCSA also adds a definition for of the area swept by the windshield that is equivalent to, or greater than, the
‘‘vehicle safety technology’’ in 49 CFR wipers and out of the driver’s sightline level that would be achieved absent
393.5 or within the bottom 7 inches of the area such exemption.’’ Because section 5301
swept by the windshield wipers and out gives FMCSA no discretion in amending
IX. Regulatory Analyses of the driver’s sightline will be the regulations to allow vehicle safety
A. Executive Order 12866 (Regulatory reasonable and enforceable at roadside. technology, the Agency has determined
Planning and Review and DOT Moreover, no exemption has been that notice and comment are
Regulatory Policies and Procedures as rescinded due to: (1) Motor carriers and/ unnecessary.
Supplemented by Executive Order or commercial motor vehicles failing to
B. Regulatory Flexibility Act
13563) comply with the terms and conditions
of an exemption; (2) A lower level of The Regulatory Flexibility Act of 1980
This final rule is not a significant safety than that prior to the granting of (5 U.S.C. 601 et seq.) as amended by the
regulatory action under section 3(f) of an exemption; or (3) Inconsistency Small Business Regulatory Enforcement
Executive Order 12866, Regulatory between continuation of an exemption Fairness Act of 1996 (Title II, Pub. L.
Planning and Review, as supplemented with the goals and objectives of 49 104–121, 110 Stat. 857, March 29, 1996),
by E.O. 13563 (76 FR 3821, January 21, U.S.C. 31136(e) and 31315(b). For the requires Federal agencies to consider
2011); is not significant within the reasons stated above, the Agency the effects of the regulatory action on
meaning of DOT regulatory policies and estimates that the net impact of this rule small business and other small entities
procedures (DOT Order 2100.5 dated will be positive. and to minimize any significant
May 22, 1980, 44 FR 11034, February The economic impact of this final rule economic impact. The term ‘‘small
26, 1979); and does not require an is expected to be small because it entities’’ comprises small businesses
assessment of potential costs and merely makes permanent certain and not-for-profit organizations that are
benefits under section 6(a)(3) of that temporary exemptions to the independently owned and operated and
Order. Therefore, the Office of windshield-obstruction rule, and none are not dominant in their fields and
Management and Budget has not of its provisions involve new or more governmental jurisdictions with
reviewed it under that Order. The stringent requirements than those populations of less than 50,000.
Agency estimates that the economic already allowed by current exemptions. Accordingly, DOT policy requires an
benefits and costs of the voluntary use This final rule does not approach the analysis of the impact of all regulations
of vehicle safety technologies will be $100 million annual threshold of on small entities and mandates that
less than $100 million. Carriers will not economic significance with respect to agencies strive to lessen any adverse
incur costs associated with adopting any
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costs; in fact, it adds no new costs. With effects on these businesses.
technologies identified in this final rule respect to benefits, this final rule will Pursuant to the Regulatory Flexibility
because all such technologies are purely marginally increase the usage of vehicle Act (RFA) of 1980 (5 U.S.C. 601 et seq.),
optional. Manufacturers of technologies safety technologies as defined in Section as amended by the Small Business
currently exempted will experience a 5301(b) of the FAST Act, thereby Regulatory Enforcement Fairness Act of
minor cost savings through the producing safety benefits that the 1996 (Pub. L. 104–121, 110 Stat. 857),
elimination of the biennial burden to Agency lacks data to quantify. However, FMCSA is not required to prepare a
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![65574 Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Rules and Regulations
carriers to use approved equipment collision warning or mitigation system, driver’s licenses (CDLs) who transport
which is required to be installed such as active cruise control system, and steel coils between their production and
an ignition cut-off switch, or carried on transponder. shipping locations on public roads to
board, such as a fire extinguisher, and/ * * * * * work up to 16 hours per day and return
or stricter blood alcohol concentration ■ 3. Amend § 393.60 by revising
to work with less than the mandatory 10
(BAC) standards for drivers, etc.), paragraph (e)(1) to read as follows: consecutive hours off duty. The other
equipment approval, and/or equipment exemption will allow ArcelorMittal to
carriage requirements (e.g. fire § 393.60 Glazing in specified openings. use coil carriers that do not meet the
extinguishers and flares). A Categorical * * * * * ‘‘heavy hauler trailer’’ definition, height
Exclusion Determination is available for (e) Prohibition on obstructions to the of rear side marker lights restrictions,
inspection or copying in the driver’s field of view—(1) Devices tire loading restrictions, and the coil
Regulations.gov. mounted on the interior of the securement requirements.
FMCSA also analyzed this final rule windshield. (i) Antennas, and similar DATES: These exemptions are effective
under the Clean Air Act, as amended devices must not be mounted more than from September 23, 2016 through
(CAA), section 176(c) (42 U.S.C. 7401 et 152 mm (6 inches) below the upper edge September 23, 2021.
seq.), and implementing regulations of the windshield. These devices must
promulgated by the Environmental be located outside the area swept by the FOR FURTHER INFORMATION CONTACT: Mr.
Protection Agency. Approval of this windshield wipers, and outside the Tom Yager, Chief, FMCSA Driver and
action is exempt from the CAA’s general driver’s sight lines to the road and Carrier Operations Division; Office of
conformity requirement since it does highway signs and signals. Carrier, Driver and Vehicle Safety
not affect direct or indirect emissions of (ii) Paragraph (e)(1)(i) of this section Standards; Telephone: (614) 942–6477.
criteria pollutants. does not apply to vehicle safety Email: MCPSD@dot.gov. If you have
Under E.O. 12898, each Federal technologies, as defined in § 393.5, that questions on viewing or submitting
agency must identify and address, as are mounted on the interior of a material to the docket, contact Docket
appropriate, ‘‘disproportionately high windshield. Devices with vehicle safety Services, telephone (202) 366–9826.
and adverse human health or technologies must be mounted: SUPPLEMENTARY INFORMATION:
environmental effects of its programs, (A) Not more than 100 mm (4 inches)
policies, and activities on minority below the upper edge of the area swept I. Public Participation
populations and low-income by the windshield wipers; Viewing Comments and Documents
populations’’ in the United States, its (B) Not more than 175 mm (7 inches)
possessions, and territories. FMCSA above the lower edge of the area swept To view comments, as well as
evaluated the environmental justice by the windshield wipers; and documents mentioned in this preamble
effects of this final rule in accordance (C) Outside the driver’s sight lines to as being available in the docket, go to
with the Executive Order, and has the road and highway signs and signals. www.regulations.gov and insert the
determined that it has none, nor is there * * * * * docket number, ‘‘FMCSA–2016–0050’’
any collective environmental impact in the ‘‘Keyword’’ box and click
that would result from its promulgation. Issued under the authority of delegation in ‘‘Search.’’ Next, click ‘‘Open Docket
49 CFR 1.87 on: September 12, 2016.
Folder’’ button and choose the
List of Subjects in 49 CFR Part 393 T.F. Scott Darling, III, document listed to review. If you do not
Highway safety, Motor carriers, Motor Administrator. have access to the Internet, you may
vehicle safety. [FR Doc. 2016–22923 Filed 9–22–16; 8:45 am] view the docket online by visiting the
For the reasons stated above, FMCSA BILLING CODE 4910–EX–P Docket Management Facility in Room
amends 49 CFR chapter III, subchapter W12–140 on the ground floor of the
B, as follows: DOT West Building, 1200 New Jersey
DEPARTMENT OF TRANSPORTATION Avenue SE., Washington, DC 20590,
PART 393—PARTS AND between 9 a.m. and 5 p.m., e.t., Monday
ACCESSORIES NECESSARY FOR Federal Motor Carrier Safety through Friday, except Federal holidays.
SAFE OPERATION Administration
II. Legal Basis
■ 1. The authority citation for part 393 49 CFR Parts 393 and 395
is revised to read as follows: FMCSA has authority under 49 U.S.C.
[Docket No. FMCSA–2016–0050] 31136(e) and 31315 to grant exemptions
Authority: 49 U.S.C. 31136, 31151, and from certain parts of the Federal Motor
31502; sec. 1041(b) of Pub. L. 102–240, 105 Hours of Service of Drivers; Parts and Carrier Safety Regulations. FMCSA must
Stat. 1914, 1993 (1991); sec. 5301 and 5524 Accessories: ArcelorMittal Indiana
of Pub. L. 114–94, 129 Stat. 1312, 1543, 1560;
publish a notice of each exemption
Harbor, LLC, Application for request in the Federal Register (49 CFR
and 49 CFR 1.87.
Exemptions 381.315(a)). The Agency must provide
■ 2. Amend § 393.5 by adding a
AGENCY: Federal Motor Carrier Safety the public an opportunity to inspect the
definition for ‘‘Vehicle safety
Administration (FMCSA), DOT. information relevant to the application,
technology’’ in alphabetical order to
including any safety analyses that have
read as follows: ACTION: Notice of final disposition; grant
been conducted. The Agency must also
of application for exemptions.
§ 393.5 Definitions. provide an opportunity for public
SUMMARY: FMCSA announces its comment on the request.
rmajette on DSK2TPTVN1PROD with RULES
* * * * *
Vehicle safety technology. Vehicle decision to grant ArcelorMittal Indiana The Agency reviews safety analyses
safety technology includes a fleet- Harbor, LLC (ArcelorMittal) exemptions and public comments submitted, and
related incident management system, from the hours of service (HOS) and determines whether granting the
performance or behavior management parts and accessories rules. One exemption would likely achieve a level
system, speed management system, lane exemption will allow ArcelorMittal’s of safety equivalent to, or greater than,
departure warning system, forward employee-drivers with commercial the level that would be achieved by the
VerDate Sep<11>2014 17:25 Sep 22, 2016 Jkt 238001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\23SER1.SGM 23SER1](https://thefederalregister.org/doc/81_FR_65753/page/7.svg)
Document Created: 2016-09-23 01:43:44
Document Modified: 2016-09-23 01:43:44
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective October 24, 2016. | |
| Contact | If you have questions on this final rule, call or email Mr. Luke Loy, Vehicle and Roadside Operations Division, Office of Bus and Truck Standards and Operations, Federal Motor Carrier Safety Administration, telephone: 202-366-0676; [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone 202-366- 0676. | |
| FR Citation | 81 FR 65568 | |
| RIN Number | 2126-AB94 | |
| CFR Associated | Highway Safety; Motor Carriers and Motor Vehicle Safety |
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