82 FR 28930 - Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Daimler Trucks North America LLC

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 121 (June 26, 2017)

Page Range		28930-28931
FR Document		2017-13126

The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on an application for exemption from Daimler Trucks North America LLC (DTNA) to allow its Attention Assist and Lane Departure Warning system camera to be mounted lower in the windshield on DTNA's commercial motor vehicles (CMVs) than is currently permitted.

Federal Register, Volume 82 Issue 121 (Monday, June 26, 2017)

[Federal Register Volume 82, Number 121 (Monday, June 26, 2017)]
[Notices]
[Pages 28930-28931]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13126]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0176]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Daimler Trucks North America LLC

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

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

-----------------------------------------------------------------------

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
requests public comment on an application for exemption from Daimler 
Trucks North America LLC (DTNA) to allow its Attention Assist and Lane 
Departure Warning system camera to be mounted lower in the windshield 
on DTNA's commercial motor vehicles (CMVs) than is currently permitted.

DATES: Comments must be received on or before July 26, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2017-0176 using any of the 
following methods:
     Web site: http://www.regulations.gov. Follow the 
instructions for submitting comments on the Federal electronic docket 
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington, 
DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. 
e.t., Monday-Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number for this notice. For detailed instructions on submitting 
comments and additional information on the exemption process, see the 
``Public Participation'' heading below. Note that all comments received 
will be posted without change to http://www.regulations.gov, including 
any personal information provided. Please see the ``Privacy Act'' 
heading for further information.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov or to Room W12-140, 
DOT Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Public participation: The http://www.regulations.gov Web site is 
generally available 24 hours each day, 365 days each year. You may find 
electronic submission and retrieval help and guidelines under the 
``help'' section of the http://www.regulations.gov Web site as well as 
the DOT's http://docketsinfo.dot.gov Web site. If you would like 
notification that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment 
page that appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Jose R. Cestero, Vehicle and 
Roadside Operations Division, Office of Carrier, Driver, and Vehicle 
Safety, MC-PSV, (202) 366-5541, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century 
(TEA- 21) [Pub. L. 105-178, June 9, 1998, 112 Stat. 401] amended 49 
U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from 
the Federal Motor Carrier Safety Regulations (FMCSRs). On August 20, 
2004, FMCSA published a final rule (69 FR 51589) implementing section 
4007. Under this rule, FMCSA must publish a notice of each exemption 
request in the Federal Register (49 CFR 381.315(a)). The Agency must 
provide the public with 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 the safety analyses and the public comments 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)). If the Agency denies the request, it must 
state the reason for doing so. If the decision is to grant the 
exemption, the notice must specify the person or class of persons 
receiving the exemption and the regulatory provision or provisions from 
which an exemption is granted. The notice must specify the effective 
period of the exemption (up to 5 years) and explain the terms and 
conditions of the exemption. The exemption may be renewed (49 CFR 
381.315(c) and 49 CFR 381.300(b)).

DTNA's Application for Exemption

    The Federal Motor Carrier Safety Regulations (FMCSRs) require 
devices meeting the definition of ``vehicle safety technology,'' 
including DTNA's Attention Assist and Lane Departure Warning system, to 
be mounted (1) not more than 4 inches below the upper edge of the area 
swept by the windshield wipers, or (2) 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. Because 
the camera would be mounted outside of the driver's normal sight lines

[[Page 28931]]

to the road ahead, highway signs and signals, and all mirrors, DTNA 
believes that the exemption would maintain a level of safety that is 
equivalent to, or greater than, the level of safety achieved without 
the exemption.
    DTNA has applied for an exemption from 49 CFR 393.60(e)(1) to allow 
an Attention Assist and Lane Departure Warning system camera to be 
mounted lower in the windshield than is currently permitted. A copy of 
the application is included in the docket referenced at the beginning 
of this notice.
    Section 393.60(e)(1)(i) of the FMCSRs prohibits the obstruction of 
the driver's field of view by devices mounted at the top of the 
windshield. Antennas and similar devices must not be mounted 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. 
Section 393.60(e)(1)(i) does not apply to vehicle safety technologies, 
as defined in Sec.  390.5 as including ``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.'' Section 393.60(e)(1)(ii) requires devices with vehicle 
safety technologies to be mounted (1) not more than 100 mm (4 inches) 
below the upper edge of the area swept by the windshield wipers, or (2) 
not more than 175 mm (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.
    In its application, DTNA states:

    The proposed exemption will increase safety by providing 
Attention Assist and Lane Departure Warning. The exemption will also 
allow DTNA to enable additional safety features in the future that 
will provide further safety benefits such as traffic sign 
recognition, active lane keeping, video capture, and intelligent 
headlight control. This safety device will become a critical enabler 
for future technology such as Autonomous Vehicles.
    In the DTNA installation, the camera housing is approximately 
102 mm (4.01 inches) wide by 177 mm (6.97 inches) tall. We propose 
to mount the camera such that it is in the approximate center of the 
top of the windshield and such that the bottom edge of the camera is 
approximately 7 inches below the upper edge of the windshield, 
outside of the driver's (and passenger's) normal sight lines to the 
road ahead, highway signs and signals, and all mirrors. This 
location will allow for the optimal functionality of the advanced 
safety systems supported by the camera.
    DTNA has created a CAD layout of a typical DTNA conventional 
type truck to verify that the safety device does not significantly 
obstruct the FMVSS 104 specified zones A, B, or C for passenger cars 
of 1730 or more mm overall width. (See Figure 1.) In fact, the 
device only obstructs 0.0% of zone C, 1.2% of zone B, and 2.8% of 
zone A.
    DTNA has installed prototype camera housings in fifteen DTNA 
conventional type vehicles and assessed the impact of the camera on 
driver and passenger visibility on over 50 CDL drivers and over 
900,000 miles. This includes over-the-road mileage accumulation 
through a mixture of mountain, freeway, highway, and city routes. 
(See Figure 2 for a photograph taken from the driver seat.) All 
drivers and passengers agreed that there was no noticeable 
obstruction to the normal sight lines to the road ahead, highway 
signs, signals, or any mirrors. Driver comments included: ``The 
position of the MPC1 camera system does not negatively impact 
visibility.''

    While the application states that the camera will be mounted 7 
inches below the upper edge of the windshield, DTNA provided 
supplemental information to clarify that the camera system will be 
mounted 8.5 inches below the upper edge of the area swept by the 
windshield wipers.
    The exemption would apply to all CMV operators driving DTNA 
vehicles with the Attention Assist and Lane Departure Warning system 
camera installed. Daimler believes that mounting the system as 
described would maintain a level of safety that is equivalent to, or 
greater than, the level of safety achieved without the exemption.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests 
public comment from all interested persons on DTNA's application for an 
exemption from 49 CFR 393.60. All comments received before the close of 
business on the comment closing date indicated at the beginning of this 
notice will be considered and will be available for examination in the 
docket at the location listed under the ADDRESSES section of this 
notice. Comments received after the comment closing date will be filed 
in the public docket and will be considered to the extent practicable. 
In addition to late comments, FMCSA will also continue to file, in the 
public docket, relevant information that becomes available after the 
comment closing date. Interested persons should continue to examine the 
public docket for new material.

    Issued on: June 15, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-13126 Filed 6-23-17; 8:45 am]
 BILLING CODE 4910-EX-P

28930 Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Notices

Batteries and Battery Systems Plenary. ADDRESSES: You may submit comments Operations Division, Office of Carrier,
The agenda will include the following: bearing the Federal Docket Management Driver, and Vehicle Safety, MC–PSV,
System (FDMS) Docket ID FMCSA– (202) 366–5541, Federal Motor Carrier
Tuesday, July 11, 2017—9:00 a.m.–5:00
2017–0176 using any of the following Safety Administration, 1200 New Jersey
p.m.
methods: Avenue SE., Washington, DC 20590–
1. Welcome and Administrative • Web site: http:// 0001.
Remarks (Including DFO & RTCA www.regulations.gov. Follow the
Statement) SUPPLEMENTARY INFORMATION:
instructions for submitting comments
2. Introductions on the Federal electronic docket site. Background
3. Agenda Review • Fax: 1–202–493–2251.
4. Meeting-Minutes Review Section 4007 of the Transportation
5. Final Review and Comment (FRAC) • Mail: Docket Management Facility, Equity Act for the 21st Century (TEA–
Resolution Review U.S. Department of Transportation, 21) [Pub. L. 105–178, June 9, 1998, 112
6. Approval of DO–311A for Submission Room W12–140, 1200 New Jersey Stat. 401] amended 49 U.S.C. 31315 and
to RTCA PMC Avenue SE., Washington, DC 20590– 31136(e) to provide authority to grant
7. Action Item Review 0001. exemptions from the Federal Motor
8. Any Other Business • Hand Delivery: Ground Floor, Room Carrier Safety Regulations (FMCSRs).
9. Adjourn W12–140, DOT Building, 1200 New On August 20, 2004, FMCSA published
Attendance is open to the interested Jersey Avenue SE., Washington, DC, a final rule (69 FR 51589) implementing
public but limited to space availability. between 9 a.m. and 5 p.m. e.t., Monday– section 4007. Under this rule, FMCSA
With the approval of the chairman, Friday, except Federal holidays. must publish a notice of each exemption
members of the public may present oral Instructions: All submissions must request in the Federal Register (49 CFR
statements at the meeting. Persons include the Agency name and docket 381.315(a)). The Agency must provide
wishing to present statements or obtain number for this notice. For detailed the public with an opportunity to
information should contact the person instructions on submitting comments inspect the information relevant to the
listed in the FOR FURTHER INFORMATION and additional information on the application, including any safety
CONTACT section. Members of the public exemption process, see the ‘‘Public analyses that have been conducted. The
may present a written statement to the Participation’’ heading below. Note that Agency must also provide an
committee at any time. all comments received will be posted opportunity for public comment on the
Issued in Washington, DC on June 21,
without change to http:// request.
2017. www.regulations.gov, including any The Agency reviews the safety
John Raper, personal information provided. Please analyses and the public comments and
Branch Manager—Forecasting, Planning and
see the ‘‘Privacy Act’’ heading for determines whether granting the
Reporting (ANG–A15), Branch Manager further information. exemption would likely achieve a level
(acting)—Partnership Contracts Branch Docket: For access to the docket to of safety equivalent to or greater than
(ANG–A17), Management Services Office, read background documents or the level that would be achieved by the
NextGen Organization, Federal Aviation comments received, go to http:// current regulation (49 CFR 381.305).
Administration. www.regulations.gov or to Room W12– The decision of the Agency must be
[FR Doc. 2017–13274 Filed 6–23–17; 8:45 am] 140, DOT Building, 1200 New Jersey published in the Federal Register (49
BILLING CODE 4910–13–P Avenue SE., Washington, DC, between 9 CFR 381.315(b)). If the Agency denies
a.m. and 5 p.m., Monday through the request, it must state the reason for
Friday, except Federal holidays. doing so. If the decision is to grant the
DEPARTMENT OF TRANSPORTATION Privacy Act: In accordance with 5 exemption, the notice must specify the
U.S.C. 553(c), DOT solicits comments person or class of persons receiving the
Federal Motor Carrier Safety from the public to better inform its
Administration exemption and the regulatory provision
rulemaking process. DOT posts these or provisions from which an exemption
[Docket No. FMCSA–2017–0176] comments, without edit, including any is granted. The notice must specify the
personal information the commenter effective period of the exemption (up to
Parts and Accessories Necessary for provides, to www.regulations.gov, as 5 years) and explain the terms and
Safe Operation; Application for an described in the system of records conditions of the exemption. The
Exemption From Daimler Trucks North notice (DOT/ALL–14 FDMS), which can exemption may be renewed (49 CFR
America LLC be reviewed at www.dot.gov/privacy. 381.315(c) and 49 CFR 381.300(b)).
AGENCY: Federal Motor Carrier Safety Public participation: The http://
www.regulations.gov Web site is DTNA’s Application for Exemption
Administration (FMCSA), DOT.
generally available 24 hours each day, The Federal Motor Carrier Safety
ACTION: Notice of application for
365 days each year. You may find Regulations (FMCSRs) require devices
exemption; request for comments.
electronic submission and retrieval help meeting the definition of ‘‘vehicle safety
SUMMARY: The Federal Motor Carrier and guidelines under the ‘‘help’’ section technology,’’ including DTNA’s
Safety Administration (FMCSA) of the http://www.regulations.gov Web Attention Assist and Lane Departure
requests public comment on an site as well as the DOT’s http:// Warning system, to be mounted (1) not
application for exemption from Daimler docketsinfo.dot.gov Web site. If you more than 4 inches below the upper
Trucks North America LLC (DTNA) to would like notification that we received edge of the area swept by the
sradovich on DSK3GMQ082PROD with NOTICES

allow its Attention Assist and Lane your comments, please include a self- windshield wipers, or (2) not more than
Departure Warning system camera to be addressed, stamped envelope or 7 inches above the lower edge of the
mounted lower in the windshield on postcard or print the acknowledgment area swept by the windshield wipers,
DTNA’s commercial motor vehicles page that appears after submitting and outside the driver’s sight lines to
(CMVs) than is currently permitted. comments online. the road and highway signs and signals.
DATES: Comments must be received on FOR FURTHER INFORMATION CONTACT: Mr. Because the camera would be mounted
or before July 26, 2017. Jose R. Cestero, Vehicle and Roadside outside of the driver’s normal sight lines

VerDate Sep<11>2014 17:04 Jun 23, 2017 Jkt 241001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\26JNN1.SGM 26JNN1

Document Created: 2018-11-14 10:11:08
Document Modified: 2018-11-14 10:11:08

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 application for exemption; request for comments.
Dates		Comments must be received on or before July 26, 2017.
Contact		Mr. Jose R. Cestero, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-PSV, (202) 366-5541, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
FR Citation		82 FR 28930

82 FR 28930 - Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Daimler Trucks North America LLC

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 121 (June 26, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration