[Federal Register Volume 75, Number 113 (Monday, June 14, 2010)]
[Notices]
[Pages 33666-33667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14222]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2010-0166]
Parts and Accessories Necessary for Safe Operation; Applications
for an Exemption From Con-Way Freight, TK Holdings, Inc., and Iteris,
Inc.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemption; request for comments.
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SUMMARY: FMCSA requests public comment on applications for exemption
from Con-way Freight (Con-way), TK Holdings, Inc. (Takata), and Iteris,
Inc. (Iteris) regarding the placement of lane departure warning system
sensors at the top of the windshields of commercial motor vehicles
(CMVs). Each applicant requests that FMCSA permit the mounting of the
lane departure warning system sensors near the top of the windshield,
and within the swept area of the windshield wipers, which is currently
prohibited by the Agency's regulations. The lane departure warning
system would be used to alert a driver when he or she unintentionally
drifts out of their lane of travel, thus promoting improved safety
performance of CMV drivers. Each applicant contends that this mounting
position does not adversely impact driver visibility.
DATES: Comments must be received on or before July 14, 2010.
ADDRESSES: You may submit comments identified by DOT DMS Docket Number
FMCSA-2010-0166 by 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 through 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, New Jersey Avenue, SE., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19476) or you may visit http://www.regulations.gov.
Public participation: The http://www.regulations.gov Web site is
generally available 24 hours each day, 365 days each year. You can get
electronic submission and retrieval help and guidelines under the
``help'' section of the http://www.regulations.gov Web site and also at
the DOT's http://docketsinfo.dot.gov Web site. If you want us to notify
you that we received your comments, please include a self addressed,
stamped envelope or postcard or print the acknowledgement page that
appears after submitting comments online.
FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Bus and Truck Standards and Operations,
MC-PSV, (202) 366-0676; Federal Motor Carrier Safety Administration,
1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Background
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 also specify the effective period of the
exemption (up to 2 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)).
Applications for Exemption
On November 11, 2009, Con-way applied for an exemption from 49 CFR
393.60(e)(1) to allow it to install lane departure waning system
sensors on 1,272 of its newly purchased power units. Takata and Iteris
submitted nearly identical exemption applications on December 15, 2009
and on February 25, 2010, respectively. Copies of each of the
applications are included in the docket referenced at the beginning of
this notice.
Section 393.60(e)(1) of the FMCSRs prohibits the obstruction of the
driver's field of view by devices mounted at the top of the windshield.
Antennas, transponders and similar devices (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.
Each of the applicants note that over the past several years, FMCSA
has collaborated with the trucking industry to test, evaluate, and
encourage the deployment of several promising onboard safety systems
for CMVs in an effort to enhance the safety of all roadway users. From
a motor carrier perspective, Con-way states that it would like to make
an investment in
[[Page 33667]]
three of these safety systems--forward collision waning systems, roll
stability control systems, and lane departure warning systems, on its
newly purchased power units. From a supplier perspective, both Takata
and Iteris would like to ensure that motor carriers are able to utilize
the safety systems that they manufacture, to enhance highway safety,
while maintaining compliance with the applicable FMCSRs.
The applicants note that the lane departure warning system
requires, as a necessary element, a lane departure warning sensor to be
installed to the inside of the tractor windshield. For the warning
sensor to be effective, it must be mounted inside the area swept by the
windshield to insure maximum visibility.
The applicants state that over the last several years, truck
manufacturers have increased the windshield area to maximize driver
visibility. As a result, manufacturers have voluntarily installed
larger windshield wipers on these windshields that increase the swept
area beyond that which is minimally required by Federal Motor Vehicle
Safety Standard (FMVSS) No. 104, ``Windshield Wiping and Washing
Systems.'' FMVSS No. 104 establishes the requirements applicable to
vehicle and equipment manufacturers for windshield wiper system
coverage for passenger cars, multi-purpose passenger vehicles, trucks
and buses.
In the exemption applications, the applicants provided diagrams and
photos showing the sensor dimensions and mounting location on the
windshield. Specifically, the sensor device itself measures 2 inches by
3.5 inches, and it is mounted approximately 2 inches below the top of
the windshield--within the 6-inch limit specified in 49 CFR
393.60(e)(1). The applicants state that this mounting position does not
adversely impact the driver's visibility.
In support of the exemption applications, each applicant cited the
findings of a report published by FMCSA's Office of Analysis, Research
and Technology titled ``Benefit-Cost Analyses of Onboard Safety
Systems,'' that summarizes the projected safety benefits for various
CMV onboard safety systems, including lane departure warning systems.
Using low and high estimates of efficacy rates ranging from 23 percent
to 53 percent, the report estimated that, based on industry-wide use of
lane departure warning systems, these systems have the potential to
reduce approximately 1,609-2,463 single-vehicle roadway departure
collisions, 627-1,307 single-vehicle roadway departure rollovers,
1,111-2,223 same-direction lane departure sideswipes, 997-1,992
opposite-direction lane departure sideswipes, and 59-118 opposite-
direction lane departure head-on collisions. The applicants state that
without the exemption, motor carriers will be unable to (1) implement
the lane departure warning system, and (2) realize the potential safety
benefits that can be expected with the utilization of this technology
as estimated in the report described above.
Request for Comments
In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public comment from all interested persons on the applications for an
exemption from 49 CFR 393.116(a)(3) submitted by Con-way, Takata, and
Iteris. 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 4, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-14222 Filed 6-11-10; 8:45 am]
BILLING CODE 4910-EX-P