83_FR_4564 83 FR 4543 - Parts and Accessories Necessary for Safe Operation; Daimler Trucks North America LLC Application for Exemption

83 FR 4543 - Parts and Accessories Necessary for Safe Operation; Daimler Trucks North America LLC Application for Exemption

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 21 (January 31, 2018)

Page Range4543-4545
FR Document2018-01943

The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant Daimler Trucks North America LLC's (DTNA) application for a limited 5-year exemption allowing motor carriers operating commercial motor vehicles (CMVs) manufactured by the company to use an Attention Assist and Lane Departure Warning system camera mounted lower in the windshield than is currently permitted. The Agency has determined that lower placement of the Attention Assist and Lane Departure Warning system camera would not have an adverse impact on safety and that adherence to the terms and conditions of the exemption would achieve a level of safety equivalent to or greater than the level of safety provided by the regulation.

Federal Register, Volume 83 Issue 21 (Wednesday, January 31, 2018) 
[Federal Register Volume 83, Number 21 (Wednesday, January 31, 2018)]
[Notices]
[Pages 4543-4545]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01943]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0176]


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

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

ACTION: Notice of final disposition; grant of application for 
exemption.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
announces its decision to grant Daimler Trucks North America LLC's 
(DTNA) application for a limited 5-year exemption allowing motor 
carriers operating commercial motor vehicles (CMVs) manufactured by the 
company to use an Attention Assist and Lane Departure Warning system 
camera mounted lower in the windshield than is currently permitted. The 
Agency has determined that lower placement of the Attention Assist and 
Lane Departure Warning system camera would not have an adverse impact 
on safety and that adherence to the terms and conditions of the 
exemption would achieve a level of safety equivalent to or greater than 
the level of safety provided by the regulation.

DATES: This exemption is effective February 1, 2018 and ending January 
31, 2023.

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.
    Docket: For access to the docket to read background documents or 
comments submitted to notice requesting public comments on the 
exemption application, go to www.regulations.gov at any time or visit 
Room W12-140 on the ground level of the West Building, 1200 New Jersey 
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday 
through Friday, except Federal holidays. The on-line Federal document 
management system is available 24 hours each day, 365 days each year. 
The docket number is listed at the beginning of this notice.

SUPPLEMENTARY INFORMATION:

Background

    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

    DTNA 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 by the Agency's 
regulations in order to utilize a mounting location that allows optimal 
functionality of the system camera. 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 on the

[[Page 4544]]

interior 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. However, Sec.  393.60(e)(1)(i) does not 
apply to vehicle safety technologies, as defined in Sec.  393.5, that 
include ``a fleet-related incident management system, performance or 
behavior management system, speed management system, forward collision 
warning or mitigations system, active cruise control system, and 
transponder.'' Section 393.60(e)(1)(ii) requires devices with 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 (3) outside the driver's sight lines to the 
road and highway signs and signals.
    DTNA states that the exemption, in addition to providing attention 
assist and lane departure warning functions, would 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. DTNA states that the 
Attention Assist and Lane Departure Warning system camera will become a 
critical enabler for future technology such as autonomous vehicles. The 
camera housing is approximately 102 mm (4.01 inches) wide by 177 mm 
(6.97 inches) tall, and will be mounted in the approximate center and 
near the top of the windshield with the bottom edge of the camera 
system approximately 8.5 inches below the upper edge of the area swept 
by the windshield wipers, 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 states that 
mounting the camera in this location does not significantly obstruct 
the Federal Motor Vehicle Safety Standard No. 104, ``Windshield wiping 
and washing systems,'' specified zones A, B, or C for passenger cars of 
1730 or more mm overall width.\1\
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    \1\ FMVSS No. 104 does not specify minimum swept areas for 
trucks and buses.
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    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. DTNA states 
that 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.
    Without the proposed exemption, DTNA states that the customer will 
be unable to use Attention Assist and Lane Departure Warning system 
cameras on DTNA commercial motor vehicles due to concerns that (1) its 
``customers may be in violation of the current regulation,'' and (2) 
``the camera will not perform adequately to provide the safety benefit 
intended by the systems.''
    The exemption would apply to all CMV operators driving DTNA 
vehicles with the Attention Assist and Lane Departure Warning systems 
camera installed. DTNA believes that mounting the Attention Assist and 
Lane Departure Warning system camera within 7 inches below the upper 
edge of the windshield will allow for optimal functionality of the 
advance safety systems while providing visibility of the road ahead, 
highway signs, signals, and all mirrors.

Comments

    FMCSA published a notice of the application in the Federal Register 
on June 26, 2017, and asked for public comment (82 FR 28930). No 
comments were received.

FMCSA Decision

    The FMCSA has evaluated the DTNA exemption application. The 
Attention Assist and Lane Departure Warning system camera is 
approximately 7 inches tall, and is mounted near the top of the center 
of the windshield with the bottom of the camera system located 
approximately 8.5 inches below the top of the area swept by the 
windshield wipers. The camera system needs to be mounted in this 
location to properly perform its functions of monitoring the driver and 
the roadway for lane markings. The size of the camera system precludes 
mounting it (1) higher in the windshield, and (2) within 4 inches from 
the top of the area swept by the windshield wipers to comply with Sec.  
393.60(e)(1)(ii)(A).
    The Agency believes that granting the temporary exemption to allow 
the placement of the Attention Assist and Lane Departure Warning system 
camera lower than currently permitted by the Agency's regulations will 
provide a level of safety that is equivalent to, or greater than, the 
level of safety achieved without the exemption because (1) based on the 
technical information available, there is no indication that the 
Attention Assist and Lane Departure Warning system camera would 
obstruct drivers' views of the roadway, highway signs and surrounding 
traffic; (2) generally, trucks and buses have an elevated seating 
position that greatly improves the forward visual field of the driver, 
and any impairment of available sight lines would be minimal; and (3) 
the mounting location 8.5 inches below the top of the area swept by the 
windshield wipers and out of the driver's normal sightline will be 
reasonable and enforceable at roadside. In addition, the Agency 
believes that the use of Attention Assist and Lane Departure Warning 
system cameras by fleets is likely to improve the overall level of 
safety to the motoring public.
    This action is consistent with previous Agency action permitting 
the placement of similarly-sized devices on CMVs outside the driver's 
sight lines to the road and highway signs and signals. FMCSA is not 
aware of any evidence that the installation of other vehicle safety 
technologies mounted on the interior of the windshield has resulted in 
any degradation in safety.

Terms and Conditions for the Exemption

    The Agency hereby grants the exemption for a 5-year period, 
beginning January 31, 2018 and ending January 31, 2023. During the 
temporary exemption period, motor carriers will be allowed to operate 
CMVs manufactured by DTNA equipped with the Attention Assist and Lane 
Departure Warning system camera mounted in the approximate center of 
the windshield such that the bottom edge of the camera is not more than 
8.5 inches below the top of the area swept by the windshield wipers and 
outside the driver's sight lines to all mirrors, highway signs, 
signals, and view of the road ahead. The exemption will be valid for 5 
years unless rescinded earlier by FMCSA. The exemption will be 
rescinded if: (1) Motor carriers and/or commercial motor vehicles fail 
to comply with the terms and conditions of the exemption; (2) the 
exemption has resulted in a lower level of safety than was maintained 
before it was granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 
31315(b).
    Interested parties possessing information that would demonstrate 
that motor carriers operating DTNA CMVs equipped with the Attention 
Assist and Lane Departure Warning system camera are not achieving the 
requisite statutory level of safety should immediately notify FMCSA. 
The Agency will evaluate any such information and, if safety is being

[[Page 4545]]

compromised or if the continuation of the exemption is not consistent 
with 49 U.S.C. 31136(e) and 31315(b), will take immediate steps to 
revoke the exemption.

Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation applicable to interstate commerce that 
conflicts with or is inconsistent with this exemption with respect to a 
firm or person operating under the exemption. States may, but are not 
required to, adopt the same exemption with respect to operations in 
intrastate commerce.

    Issued on: January 25, 2018.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2018-01943 Filed 1-30-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Notices 4543 Century,’’ Public Law 105–178, 112 Stat. burden could be minimized without Avenue SE, Washington, DC, between 9 107, June 9, 1998. The Motor Carrier reducing the quality of the collected a.m. and 5 p.m., ET, Monday through Safety Improvement Act of 1999, Public information. Friday, except Federal holidays. The on- Law 106–159, 113 Stat. 1748, December Issued under the authority delegated in 49 line Federal document management 9, 1999, created the FMCSA and section CFR 1.87 on: January 23, 2018. system is available 24 hours each day, 213 of the Act expanded the Safety G. Kelly Regal, 365 days each year. The docket number Violation Hotline Service to include a is listed at the beginning of this notice. Associate Administrator for Office of 24-hour operation. On August 10, 2005, Research and Information Technology. SUPPLEMENTARY INFORMATION: Congress enacted the Safe, Accountable, [FR Doc. 2018–01941 Filed 1–30–18; 8:45 am] Background Flexible, and Efficient Transportation BILLING CODE 4910–EX–P Equity Act: A Legacy for Users, Section 4007 of the Transportation (SAFETEA–LU), Public Law 109–59, Equity Act for the 21st Century (TEA– 119 Stat. 1144. Section 4214 of 21) [Pub. L. 105–178, June 9, 1998, 112 DEPARTMENT OF TRANSPORTATION SAFETEA–LU requires DOT to create a Stat. 401] amended 49 U.S.C. 31315 and system to record and log aggregate Federal Motor Carrier Safety 31136(e) to provide authority to grant complaint information regarding Administration exemptions from the Federal Motor violations of the Federal Motor Carrier Carrier Safety Regulations (FMCSRs). [Docket No. FMCSA–2017–0176] On August 20, 2004, FMCSA published Safety Regulations. The NCCDB fulfills the requirements a final rule (69 FR 51589) implementing Parts and Accessories Necessary for section 4007. Under this rule, FMCSA of these mandates. Complaints will be Safe Operation; Daimler Trucks North accepted through the NCCDB in must publish a notice of each exemption America LLC Application for request in the Federal Register (49 CFR connection with other statutory Exemption mandates, including, but not limited to, 381.315(a)). The Agency must provide protection of drivers against harassment AGENCY: Federal Motor Carrier Safety the public with an opportunity to and coercion under sections 32301(b) Administration (FMCSA), DOT. inspect the information relevant to the and 32911, respectively, of the Moving ACTION: Notice of final disposition; grant application, including any safety Ahead for Progress in the 21st Century of application for exemption. analyses that have been conducted. The Act, Public Law 112–141, 126 Stat. 405. Agency must also provide an The NCCDB will also accept complaints SUMMARY: The Federal Motor Carrier opportunity for public comment on the from interested parties regarding third Safety Administration (FMCSA) request. party intermediaries (brokers and freight announces its decision to grant Daimler The Agency reviews the safety forwarders) and their associated Trucks North America LLC’s (DTNA) analyses and the public comments and financial responsibility instruments. application for a limited 5-year determines whether granting the Title: National Consumer Complaint exemption allowing motor carriers exemption would likely achieve a level Database OMB Control Number: 2126– operating commercial motor vehicles of safety equivalent to or greater than NEW. (CMVs) manufactured by the company the level that would be achieved by the Type of Request: New information to use an Attention Assist and Lane current regulation (49 CFR 381.305). collection. Departure Warning system camera The decision of the Agency must be Respondents: Consumers, Drivers, mounted lower in the windshield than published in the Federal Register (49 and Others, Participants in the Motor is currently permitted. The Agency has CFR 381.315(b)). If the Agency denies Carrier Industry. determined that lower placement of the the request, it must state the reason for Estimated Number of Respondents: Attention Assist and Lane Departure doing so. If the decision is to grant the 12,165 respondents [8,030 Moving Warning system camera would not have exemption, the notice must specify the Complaint respondents + 3,449 Truck an adverse impact on safety and that person or class of persons receiving the Complaint respondents + 685 Bus adherence to the terms and conditions exemption and the regulatory provision Complaint respondents]. of the exemption would achieve a level or provisions from which an exemption Estimated Time per Response: 15 of safety equivalent to or greater than is granted. The notice must specify the Minutes. the level of safety provided by the effective period of the exemption (up to Expiration Date: N/A. This is a new regulation. 5 years) and explain the terms and information collection. conditions of the exemption. The Frequency of Response: On occasion. DATES: This exemption is effective exemption may be renewed (49 CFR Estimated Total Annual Burden: February 1, 2018 and ending January 31, 381.315(c) and 49 CFR 381.300(b)). 3,041 hours [8,030 Moving Complaint 2023. respondents × 15 minutes = 2,008 hours; FOR FURTHER INFORMATION CONTACT: Mr. DTNA’s Application for Exemption 3,449 Truck Complaint respondents × Jose R. Cestero, Vehicle and Roadside DTNA applied for an exemption from 15 minutes = 863 hours; 685 Bus Operations Division, Office of Carrier, 49 CFR 393.60(e)(1) to allow an Complaint respondents × 15 minutes = Driver, and Vehicle Safety, MC–PSV, Attention Assist and Lane Departure 171 hours]. (202) 366–5541, Federal Motor Carrier Warning system camera to be mounted Safety Administration, 1200 New Jersey lower in the windshield than is Public Comments Invited Avenue SE, Washington, DC 20590– currently permitted by the Agency’s You are asked to comment on any 0001. regulations in order to utilize a aspect of this information collection, Docket: For access to the docket to sradovich on DSK3GMQ082PROD with NOTICES mounting location that allows optimal including: (1) Whether the proposed read background documents or functionality of the system camera. A collection is necessary for the FMCSA to comments submitted to notice copy of the application is included in perform its functions; (2) the accuracy of requesting public comments on the the docket referenced at the beginning the estimated burden; (3) ways for the exemption application, go to of this notice. FMCSA to enhance the quality, www.regulations.gov at any time or visit Section 393.60(e)(1)(i) of the FMCSRs usefulness, and clarity of the collected Room W12–140 on the ground level of prohibits the obstruction of the driver’s information; and (4) ways that the the West Building, 1200 New Jersey field of view by devices mounted on the VerDate Sep<11>2014 17:36 Jan 30, 2018 Jkt 244001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\31JAN1.SGM 31JAN1

4544 Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Notices interior of the windshield. Antennas a mixture of mountain, freeway, Warning system camera would obstruct and similar devices must not be highway, and city routes. DTNA states drivers’ views of the roadway, highway mounted more than 152 mm (6 inches) that all drivers and passengers agreed signs and surrounding traffic; (2) below the upper edge of the windshield, that there was no noticeable obstruction generally, trucks and buses have an and outside the driver’s sight lines to to the normal sight lines to the road elevated seating position that greatly the road and highway signs and signals. ahead, highway signs, signals, or any improves the forward visual field of the However, § 393.60(e)(1)(i) does not mirrors. driver, and any impairment of available apply to vehicle safety technologies, as Without the proposed exemption, sight lines would be minimal; and (3) defined in § 393.5, that include ‘‘a fleet- DTNA states that the customer will be the mounting location 8.5 inches below related incident management system, unable to use Attention Assist and Lane the top of the area swept by the performance or behavior management Departure Warning system cameras on windshield wipers and out of the system, speed management system, DTNA commercial motor vehicles due driver’s normal sightline will be forward collision warning or mitigations to concerns that (1) its ‘‘customers may reasonable and enforceable at roadside. system, active cruise control system, be in violation of the current In addition, the Agency believes that the and transponder.’’ Section regulation,’’ and (2) ‘‘the camera will use of Attention Assist and Lane 393.60(e)(1)(ii) requires devices with not perform adequately to provide the Departure Warning system cameras by safety technologies to be mounted (1) safety benefit intended by the systems.’’ fleets is likely to improve the overall not more than 100 mm (4 inches) below The exemption would apply to all level of safety to the motoring public. the upper edge of the area swept by the CMV operators driving DTNA vehicles This action is consistent with windshield wipers; or (2) not more than with the Attention Assist and Lane previous Agency action permitting the 175 mm (7 inches) above the lower edge Departure Warning systems camera placement of similarly-sized devices on of the area swept by the windshield installed. DTNA believes that mounting CMVs outside the driver’s sight lines to wipers; and (3) outside the driver’s sight the Attention Assist and Lane Departure the road and highway signs and signals. lines to the road and highway signs and Warning system camera within 7 inches FMCSA is not aware of any evidence signals. below the upper edge of the windshield that the installation of other vehicle DTNA states that the exemption, in will allow for optimal functionality of safety technologies mounted on the addition to providing attention assist the advance safety systems while interior of the windshield has resulted and lane departure warning functions, providing visibility of the road ahead, in any degradation in safety. would allow DTNA to enable additional highway signs, signals, and all mirrors. Terms and Conditions for the safety features in the future that will Comments Exemption provide further safety benefits such as traffic sign recognition, active lane FMCSA published a notice of the The Agency hereby grants the keeping, video capture, and intelligent application in the Federal Register on exemption for a 5-year period, headlight control. DTNA states that the June 26, 2017, and asked for public beginning January 31, 2018 and ending Attention Assist and Lane Departure comment (82 FR 28930). No comments January 31, 2023. During the temporary Warning system camera will become a were received. exemption period, motor carriers will be critical enabler for future technology allowed to operate CMVs manufactured FMCSA Decision by DTNA equipped with the Attention such as autonomous vehicles. The camera housing is approximately 102 The FMCSA has evaluated the DTNA Assist and Lane Departure Warning mm (4.01 inches) wide by 177 mm (6.97 exemption application. The Attention system camera mounted in the inches) tall, and will be mounted in the Assist and Lane Departure Warning approximate center of the windshield approximate center and near the top of system camera is approximately 7 such that the bottom edge of the camera the windshield with the bottom edge of inches tall, and is mounted near the top is not more than 8.5 inches below the the camera system approximately 8.5 of the center of the windshield with the top of the area swept by the windshield inches below the upper edge of the area bottom of the camera system located wipers and outside the driver’s sight swept by the windshield wipers, outside approximately 8.5 inches below the top lines to all mirrors, highway signs, of the driver’s (and passenger’s) normal of the area swept by the windshield signals, and view of the road ahead. The sight lines to the road ahead, highway wipers. The camera system needs to be exemption will be valid for 5 years signs and signals, and all mirrors. This mounted in this location to properly unless rescinded earlier by FMCSA. The location will allow for the optimal perform its functions of monitoring the exemption will be rescinded if: (1) functionality of the advanced safety driver and the roadway for lane Motor carriers and/or commercial motor systems supported by the camera. markings. The size of the camera system vehicles fail to comply with the terms DTNA states that mounting the camera precludes mounting it (1) higher in the and conditions of the exemption; (2) the in this location does not significantly windshield, and (2) within 4 inches exemption has resulted in a lower level obstruct the Federal Motor Vehicle from the top of the area swept by the of safety than was maintained before it Safety Standard No. 104, ‘‘Windshield windshield wipers to comply with was granted; or (3) continuation of the wiping and washing systems,’’ specified § 393.60(e)(1)(ii)(A). exemption would not be consistent with zones A, B, or C for passenger cars of The Agency believes that granting the the goals and objectives of 49 U.S.C. 1730 or more mm overall width.1 temporary exemption to allow the 31136(e) and 31315(b). DTNA has installed prototype camera placement of the Attention Assist and Interested parties possessing housings in fifteen DTNA conventional Lane Departure Warning system camera information that would demonstrate lower than currently permitted by the that motor carriers operating DTNA sradovich on DSK3GMQ082PROD with NOTICES type vehicles and assessed the impact of the camera on driver and passenger Agency’s regulations will provide a CMVs equipped with the Attention visibility on over 50 CDL drivers and level of safety that is equivalent to, or Assist and Lane Departure Warning over 900,000 miles. This includes over- greater than, the level of safety achieved system camera are not achieving the the-road mileage accumulation through without the exemption because (1) requisite statutory level of safety should based on the technical information immediately notify FMCSA. The 1 FMVSS No. 104 does not specify minimum available, there is no indication that the Agency will evaluate any such swept areas for trucks and buses. Attention Assist and Lane Departure information and, if safety is being VerDate Sep<11>2014 17:36 Jan 30, 2018 Jkt 244001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\31JAN1.SGM 31JAN1

Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Notices 4545 compromised or if the continuation of online instructions for submitting the FMCSRs for a five-year period if it the exemption is not consistent with 49 comments. finds ‘‘such exemption would likely U.S.C. 31136(e) and 31315(b), will take • Mail: Docket Management Facility; achieve a level of safety that is immediate steps to revoke the U.S. Department of Transportation, 1200 equivalent to or greater than the level exemption. New Jersey Avenue SE, West Building that would be achieved absent such Ground Floor, Room W12–140, exemption.’’ The statute also allows the Preemption Washington, DC 20590–0001. Agency to renew exemptions at the end In accordance with 49 U.S.C. • Hand Delivery: West Building of the five-year period. FMCSA grants 31315(d), as implemented by 49 CFR Ground Floor, Room W12–140, 1200 exemptions from the FMCSRs for a two- 381.600, during the period this New Jersey Avenue SE, Washington, year period to align with the maximum exemption is in effect, no State shall DC, between 9 a.m. and 5 p.m., e.t., duration of a driver’s medical enforce any law or regulation applicable Monday through Friday, except Federal certification. to interstate commerce that conflicts Holidays. The seven individuals listed in this with or is inconsistent with this • Fax: 1–202–493–2251. notice have requested an exemption exemption with respect to a firm or Instructions: Each submission must from 49 CFR 391.41(b)(4). Accordingly, person operating under the exemption. include the Agency name and the the Agency will evaluate the States may, but are not required to, docket number for this notice. Note that qualifications of each applicant to adopt the same exemption with respect all comments received will be posted determine whether granting the to operations in intrastate commerce. without change to http:// exemption will achieve the required www.regulations.gov, including any Issued on: January 25, 2018. level of safety mandated by statute. personal information provided. Please Cathy F. Gautreaux, The physical qualification standard see the Privacy Act heading below for Deputy Administrator. found in 49 CFR 391.41(b)(4) states that further information. Docket: For access to the docket to a person is physically qualified to drive [FR Doc. 2018–01943 Filed 1–30–18; 8:45 am] read background documents or a CMV if that person has no current BILLING CODE 4910–EX–P comments, go to http:// clinical diagnosis of myocardial www.regulations.gov, at any time or infarction, angina pectoris, coronary DEPARTMENT OF TRANSPORTATION Room W12–140 on the ground level of insufficiency, thrombosis, or any other the West Building, 1200 New Jersey cardiovascular disease of a variety Federal Motor Carrier Safety Avenue SE, Washington, DC, between 9 known to be accompanied by syncope, Administration a.m. and 5 p.m., e.t., Monday through dyspnea, collapse, or congestive cardiac Friday, except Federal holidays. The failure. FDMS is available 24 hours each day, In addition to the regulations, FMCSA [Docket No. FMCSA–FMCSA–2017–0326] 365 days each year. If you want has published advisory criteria 1 to Qualification of Drivers; Exemption acknowledgment that we received your assist Medical Examiners in Applications; Implantable Cardioverter comments, please include a self- determining whether drivers with Defibrillators addressed, stamped envelope or certain medical conditions are qualified postcard or print the acknowledgement to operate a CMV in interstate AGENCY: Federal Motor Carrier Safety page that appears after submitting commerce. [49 CFR part 391, Administration (FMCSA), DOT. comments online. APPENDIX A TO PART 391—MEDICAL ACTION: Notice of applications for Privacy Act: In accordance with 5 ADVISORY CRITERIA, section D. exemption; request for comments. U.S.C. 553(c), DOT solicits comments Cardiovascular: § 391.41(b)(4), from the public to better inform its paragraph 4.] The advisory criteria SUMMARY: FMCSA announces receipt of rulemaking process. DOT posts these states that ICDs are disqualifying due to applications from seven individuals for comments, without edit, including any risk of syncope. an exemption from the prohibition in personal information the commenter the Federal Motor Carrier Safety II. Qualifications of Applicants provides, to http://www.regulations.gov, Regulations (FMCSRs) against operation as described in the system records Frank D’Ercole of a commercial motor vehicle (CMV) by notice (DOT/ALL–14 FDMS), which can persons with a current clinical diagnosis Mr. D’Ercole is a 77 year old CDL be reviewed at http://www.dot.gov/ holder in New Jersey. An October 30, of myocardial infarction, angina privacy. pectoris, coronary insufficiency, 2017 letter from his cardiologist states FOR FURTHER INFORMATION CONTACT: Ms. that his ICD was implanted in June 2017 thrombosis, or any other cardiovascular disease of a variety known to be Christine A. Hydock, Chief, Medical and that since that time he he has had accompanied by syncope, dyspnea, Programs Division, (202) 366–4001, no event on his AICD implant. His collapse, or congestive heart failure. If fmcsamedical@dot.gov, FMCSA, exercise test in May 2017 showed good granted, the exemptions would enable Department of Transportation, 1200 exercise capacity. these individuals with implantable New Jersey Avenue SE, Room W64– 224,Washington, DC 20590–0001. Office Myles Goodwin cardioverter defibrillators (ICDs) to hours are from 8:30 a.m. to 5 p.m., e.t., Mr. Goodwin is a 54 year old driver operate CMVs in interstate commerce. Monday through Friday, except Federal in New Hampshire. A May 2017 letter DATES: Comments must be received on holidays. If you have questions from his cardiologist states that his ICD or before March 2, 2018. sradovich on DSK3GMQ082PROD with NOTICES regarding viewing or submitting was implanted in February 2015 and at ADDRESSES: You may submit comments material to the docket, contact Docket the time of the letter had not deployed. bearing the Federal Docket Management Services, telephone (202) 366–9826. System (FDMS) Docket ID FMCSA– SUPPLEMENTARY INFORMATION: 1 See http://www.ecfr.gov/cgi-bin/text-idx?SID= FMCSA–2017–0326 using any of the e47b48a9ea42dd67d999246e23d97970&mc= following methods: I. Background true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.gpo.gov/fdsys/pkg/CFR-2015- • Federal eRulemaking Portal: Go to Under 49 U.S.C. 31136(e) and 31315, title49-vol5/pdf/CFR-2015-title49-vol5-part391- http://www.regulations.gov. Follow the FMCSA may grant an exemption from FappA.pdf. 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Document Created: 2018-01-31 00:57:47
Document Modified: 2018-01-31 00:57:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final disposition; grant of application for exemption.
DatesThis exemption is effective February 1, 2018 and ending January 31, 2023.
ContactMr. 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 Citation83 FR 4543 
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