[Federal Register Volume 60, Number 43 (Monday, March 6, 1995)]
[Rules and Regulations]
[Pages 12146-12149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5323]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
49 CFR Part 393
[FHWA Docket No. MC-94-28]
Parts and Accessories Necessary for Safe Operation; Glazing and
Window Construction; Petition for Waiver To Permit Use of Automatic
Vehicle Identification Transponder
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Grant of petition for waiver.
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SUMMARY: The FHWA is granting a petition from the Commonwealth of
Kentucky, lead State for the ADVANTAGE I-75 Program, and Heavy Vehicle
Electronic License Plate, Inc., (HELP) requesting a waiver from the
requirements of the Federal Motor Carrier Safety Regulations (FMCSRs)
to allow mounting of an automatic vehicle identification (AVI)
transponder near the upper border at the approximate center of the
windshields of commercial motor vehicles.
The FHWA is granting the waiver to permit the use of the
transponders in commercial motor vehicles participating in the
ADVANTAGE I-75 operational (``beta'') test and the HELP corridor
programs, subject to the conditions imposed in this notice.
EFFECTIVE DATE: April 5, 1995.
FOR FURTHER INFORMATION CONTACT: Ms. Deborah M. Freund, Office of Motor
Carrier Standards, (202) 366-2981, or Mr. Charles Medalen, Office of
the Chief Counsel, (202) 366-1354, Federal Highway Administration,
Department of Transportation, 400 Seventh Street SW., Washington, D.C.
20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday
through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
On October 12, 1994, the FHWA published a notice in the Federal
Register (59 FR 51540) requesting comments on petitions received from
the Commonwealth of Kentucky (Kentucky) and HELP. The petitioners are
the lead organizations in multi-State partnerships of public and
private sector interests conducting a series of operational tests that
fall within the Commercial Vehicle Operations (CVO) element of the
Intelligent Transportation System (ITS) Program (formerly known as the
Intelligent Vehicle-Highway Systems (IVHS) program). The ADVANTAGE I-75
and HELP programs were created to allow commercial motor vehicles
(CMVs) that are equipped with transponders and that comply with safety
and administrative requirements to travel any segment of their
respective instrumented highways at mainline speeds with minimal
stopping at weight/inspection checkpoints.
The AVI device proposed for use in both programs is an electronic
transponder designed to send and receive signals from a CMV to ports of
entry (POEs) and safety inspection sites. The devices would be used to
transmit a variety of information, such as the identity of the motor
carrier, the gross weight of the vehicle, and the status of the
vehicle's registration and fuel tax payments. The transponder measures
84 mm (3.3 inches) high by 112 mm (4.4 inches) wide by 38 mm (1.5
inches) deep.
In order to function effectively, the transponder must be able to
properly transmit and receive signals from roadside receivers installed
at States' ports of entry. The physical location of the transponder is
a critical factor in its operation because of the potential for
internal and external electronic interference. In addition, the device
must be placed in a suitable location to allow drivers to read the
instruction displayed on the transponder, i.e., to enter or to bypass
the POE. An engineering evaluation performed by one of the ADVANTAGE I-
75 electronic equipment contractors determined that a location near the
center of the upper border of the windshield best allowed the device to
meet both of these requirements.
However, 49 CFR 393.60(c) requires that no motor vehicle be
operated 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 to the bottom of the windshield, provided that no
portion of any label, sticker, decalcomania, or other vision-reducing
matter may extend upward more than 114 mm (4.5 inches) from the bottom
of the windshield. The requirements of Sec. 393.60, particularly the
114 mm (4.5 inch) limit specified in Sec. 393.60(c), are independent of
the physical dimensions of windshields.
Section 206(f) of the Motor Carrier Safety Act of 1984 (49 U.S.C.
31136(e), formerly 49 U.S.C. app. 2505(f)) authorizes waivers of any
regulation issued under the authority of that Act upon a determination
that the waiver is consistent with the public interest and the safe
operation of commercial motor vehicles.
The FHWA proposed to grant the waiver on October 12, 1994. The
notice described the agency's review of automotive engineering
recommended practices, the National Highway Traffic Safety
Administration's Federal Motor Vehicle Safety Standards, and recent
research concerning drivers' field of view. It also examined current
CMV cab designs related to placement of interior mirrors and sunvisors
which occupy approximately the same space proposed for the AVI
transponder. Based on the information obtained from this review, the
FHWA concluded that a transponder mounted 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. This location
is well outside the area recommended for windshield wiper sweep under
the Society of Automotive Engineers (SAE) Recommended Practice J198
(Windshield Wiper Systems--Trucks, Buses, and Multipurpose Vehicles)
and the area recommended for windshield defrosting under Recommended
Practice J342 (Windshield Defrosting Systems Performance Guidelines--
Trucks, [[Page 12147]] Buses, and Multi-Purpose Vehicles). The findings
of four recent research reports on the subject also suggested that the
location of an object, such as a transponder device, near the upper
margin of a CMV's windshield is unlikely to have any effect on a
driver's ability to observe nearby objects, such as pedestrians.
In addition, the FHWA believes that the public interest would be
furthered by granting this waiver. Drivers whose CMVs are in compliance
with registration, safety inspection, and operating requirements and
permits may receive a signal from inspection officials to bypass ports
of entry or inspection sites. This would have the effect of greatly
improving inspection efficiency and effectiveness by enabling officials
to focus their resources on vehicles with safety and size and weight
infractions.
Discussion of Comments to the Docket
The FHWA received five comments to the notice of petition.
Advocates for Highway and Auto Safety (AHAS) opposed the windshield
mounting location for the transponder and criticized the prior field
activity under the ADVANTAGE I-75 ``alpha'' test. The Department of
California Highway Patrol (CHP) supported the general concept of the
waiver, but expressed concern with the windshield mounting location due
to a potential conflict with its State regulations. The Illinois
Department of Transportation, Heavy Vehicle Electronic License Plate
(HELP), Inc., and the Commonwealth of Kentucky Transportation Cabinet
commented in favor of the waiver.
The AHAS stated its opposition to ``any action or item of equipment
that might obstruct [the] view of CMV drivers,'' and added that ``[a]ny
waiver that might pose an impediment to driver vision must be carefully
scrutinized to assure that it is consistent with safety.'' ``It is
axiomatic,'' it noted, ``that vision plays a central role in the
driving task * * *.'' The AHAS believes the design of the transponder
is inappropriate, and that the transponder hardware should be separated
from the visual indicator provided for the driver.
The AHAS stated that it ``might support the FHWA's proposal because
of the small size of the transponder, and the fact that it will be
placed at the top of the windshield and outside the general field of
view of the driver.'' However, ``Advocates cannot support the
transponder proposal at this time since there are unresolved issues
regarding the necessity of placing the device on the windshield.'' The
AHAS also asserted that the FHWA provided insufficient technical
justification for the windshield mounting location. It dismissed the
agency's reasoning as merely rationalizing the ``convenience'' of that
location.
The FHWA disagrees with the AHAS' assertions. The FHWA is required
to evaluate the safety, not to regulate the design, of equipment for
which a waiver is requested. The design is a product of the
petitioners' engineering judgment. ADVANTAGE I-75 and HELP requested a
waiver for tests of a device whose design had already been selected.
The only issue was whether the placement of the AVI device would reduce
motor carrier safety. The FHWA has fully considered that question.
The FHWA requested, and has received, a copy of engineering notes
from Delco Electronics documenting its assessment of alternate
transponder mounting locations. A copy of the test report has been
placed in the docket.
Delco Electronics performed two tests of antenna pattern
characterization to compare the strength of the signal received at the
roadside reader. The first compared mounting locations at the lower-
right, upper-right, upper-left, and lower-left corners of the driver's
side of the windshield. The second compared two alternate locations
with the transponder attached to the windshield (upper-right and lower-
left corners of driver's side) with a third location utilizing a
mounting bracket (upper-right corner of driver's side) that held the
transponder just off the windshield. In both tests, the location at the
upper-right corner of the driver's side of the windshield delivered a
superior signal, as measured by relative attenuation in dBm [decibel-
milliwatts, a measurement of signal power on a logarithmic scale]. The
signal from the upper-right driver's side windshield mounting location
was as much as 10 dBm stronger compared to other locations and to the
bracket-mounted alternative.
For radio frequency (RF) devices to successfully perform their
functions, their transmitted signals must be strong enough to reach
their targets. The upper-right driver's side windshield mounting
location appears to be the best among the several alternatives that
Delco Electronics evaluated. The 10 dBm difference in the signal
strength can be a key factor in facilitating the transponder's
successful field implementation.
As ITS matures, it is likely that technical advancements and
competition among manufacturers will improve the packaging and reduce
the size of transponders and other ITS devices. It is conceivable that
future clearance transponders could be mounted in locations other than
a CMV's windshield, and indicator lamps added to dashboard
instrumentation, as the AHAS recommends in its comments.
The FHWA believes that the AHAS' comments reflect a
misinterpretation of the visibility issue. For example, the AHAS argued
that the visible indicator was not necessary because the transponder
would be hidden by a sunvisor. There is nothing in the notice that
warrants that conclusion. Sunvisors are not always extended. The FHWA
made the comparison between the vertical dimension of the transponder
and that of sunvisors and sunshades in reference to a driver's useful
field of view. The AHAS also questioned other technical issues
regarding the transponder's placement without presenting research
results comparable to those cited by the FHWA in support of the
proposed waiver.
In addition, the AHAS contended that the FHWA should have followed
formal waiver procedures for the ADVANTAGE I-75 Alpha Test, rather than
issuing an enforcement moratorium that had the same effect. The FHWA
disagrees. The Alpha Test was merely a technical shakedown of AVI
transponders on a small number of vehicles (up to 200) to ensure that
the equipment would work properly during the operational Beta Test.
This kind of fine-tuning could not be done with stationary vehicles.
The Alpha Test was closely controlled and monitored by the FHWA's State
partners, since the participating States and motor carriers needed to
be aware of problems before starting the Beta Test. The FHWA simply
allowed ADVANTAGE I-75 to complete this preparatory evaluation. As the
agency and the ADVANTAGE I-75 States expected, no visibility problems
caused by the transponders were reported.
The Department of California Highway Patrol (CHP) did not object to
the use of the transponder. It did, however, express a concern about
the proposed mounting location: ``California law prohibits any object
from being installed or affixed on any portion of the windshield except
for * * * a 7-inch square in the lower corner of the windshield
opposite the driver or in a 5-inch square in the lower corner of the
windshield near the driver.'' The CHP provided a copy of the relevant
regulation, California Vehicle Code Section 26708.
California's regulation differs from Sec. 393.60(c). In the fall of
1994, the FHWA notified the CHP, as the State's Motor Carrier Safety
Assistance Program (MCSAP) grant recipient, that the regulation must be
brought into conformance with the FMCSRs. The [[Page 12148]] FHWA is
working with California to address this issue, and recommends that the
CHP accept the terms of this waiver while efforts are ongoing by the
State to seek a legislative change.
The Illinois Department of Transportation (IDOT) strongly supports
the waiver. The IDOT noted that windshield-mounted transponders are
also being actively considered for automated toll collection and
commercial vehicle [electronic] pre-clearance systems planned by
Illinois and other States. The IDOT believes the waiver would not
sacrifice truck safety, but would allow the transponders used in the
programs to be positioned in vehicles so as to work more effectively.
HELP, Inc. stated that it is working with Intelligent
Transportation Systems technology to provide benefits to both motor
carriers and weigh station controllers. HELP emphasizes the importance
of the location of the AVI transponder to insure that transmitted
signals are received properly. It noted that the proposed ``right
center quadrant'' windshield location is similar to the standard
location of an inside rear-view mirror, reducing the impact of reduced
or obstructed driver views. HELP is also working with the CHP to
implement a weigh station bypass service called PRE-PASSTM which
requires placement of the AVI transponder in that optimal location.
Citing the CHP's comment to this docket, HELP notes that it is working
with the CHP to draft legislation which will modify current California
law to allow the AVI transponder to be mounted in this location. HELP
strongly supports the proposed waiver and requests the FHWA's approval
so that State governments and the motor carrier industry can proceed
with implementing PRE-PASSTM and gain improvements in
transportation productivity and efficiency.
The Commonwealth of Kentucky Transportation Cabinet (Kentucky), as
lead State in the ADVANTAGE I-75 partnership, strongly supports the
proposed waiver. Kentucky stated that over 200 trucks operated with the
transponders for over a year. Staff from the Transportation Cabinet and
the Kentucky Transportation Center rode in the trucks during testing,
and also talked with drivers, dispatchers, maintenance personnel, and
fleet managers. Kentucky became ``convinced that, when properly
mounted, the transponder does not in any way obstruct the driver's view
of the roadway. We have not had a single report of an incident or a
concern relating to a transponder obstructing a driver's view.''
Kentucky goes on to state that
Safety is a vital element of the ADVANTAGE I-75 project. The
project is supported by Motor Carrier Enforcement Personnel in each
of the participating states and province. We would not support any
practice that we believed would compromise the safety of travelers
on our nation's highways. Our support of the proposed waiver is
based upon our conviction that the transponder does not obstruct the
driver's vision or in any other way create a safety hazard. We
invite those with strong concerns to visit one of our ADVANTAGE I-75
sites and to climb into the cab of a transponder-equipped truck.
Conditions of the Waiver
The conditions of the waiver proposed in the October 12, 1994,
notice have been modified somewhat for the reasons set forth below.
As an alternative to complying with the wiring requirements of 49
CFR 393.27 and 393.33, the petitioners may, if they choose, comply with
SAE Recommended Practice (RP) J1292, Automobile, Truck, Truck-Tractor,
Trailer, and Motor Coach Wiring. The guidelines contained in RP J1292
provide more comprehensive guidance and are equivalent to, and slightly
more stringent than, Secs. 393.27 and 393.33 of the FMCSRs. The RP
covers 3 areas. It cross-references the same RPs incorporated by
reference in Sec. 393.27 (Wiring Specifications) for battery cable (SAE
RP J1127) and for low-tension primary cable (SAE RP J1128). It cross-
references SAE RP J163, Low-tension wiring and cable terminals and
splice clips, which is indirectly referenced in Sec. 393.33, Wiring
[and] installation. The RP also requires wiring overload protective
devices, fuses, or circuit breakers in this type of low-current
application. While this last item is a slight change, the agency notes
that the transponder's installation manual requires the power wire to
be connected to the fused side of battery power, and states that a one-
amp in-line fuse may be added for additional protection.
The duration and termination of the waiver discussed in Conditions
III and VI have been changed so that the waiver shall remain in effect
unless revoked by the FHWA. The grantees will be required to report the
number of participating motor carriers and the number of transponder-
equipped CMVs. Removing the time limit on the waiver will enable the
grantees to continue operating their programs, provided the reports
submitted indicate that the transponders are not affecting the safe
operation of CMVs.
Condition VII now requires that the project reports be submitted
within two years of the effective date of the waiver. A review after
two years will enable the petitioners and the FHWA to assess a
significant amount of data.
Condition IV has been modified to recognize the potential for the
existence of nonconforming State or local laws or regulations that may
not have been brought to the FHWA's attention.
Condition V of the October proposal would have limited the number
of CMVs eligible for the waiver to 30,000. This restriction has been
eliminated. Although that figure was a reasonable estimate of the
number of participating vehicles, it would have required the
petitioners to request adjustments to the ceiling, possibly more than
once, if additional motor carriers wished to join the test program.
Because the agency's review of the engineering standards and research
on field of view discussed above indicated that use of the transponder
would be very unlikely to create an unsafe operating situation, the
FHWA has decided not to impose a numerical limit on the number of
vehicles included in the program. However, both ADVANTAGE I-75 and HELP
will be required to submit information on accidents involving the
vehicles equipped with transponders, in accordance with Condition III.
I. Location of the Transponder
The transponder shall be mounted at or near the top center of the
windshield, outside the area swept by the CMV's windshield wipers, or,
at a minimum, outside the driver's sight lines to the road and highway
signs or signals.
II. Compliance With Wiring Requirements of the FMCSRs
The installation of the transponder shall be required to comply
with either (a) 49 CFR 393.27, Wiring specification, and 49 CFR 393.33,
Wiring [and] installation, or (b) with SAE Recommended Practice J1292,
Automobile, Truck, Truck-Tractor, Trailer, and Motor Coach Wiring.
III. Duration of Waiver; Accident and Incident Monitoring
The waiver for HELP and ADVANTAGE I-75 is effective beginning April
5, 1995. The waiver shall remain in effect indefinitely, unless revoked
by the FHWA.
Motor carriers participating in ADVANTAGE I-75 and HELP shall
provide the FHWA with information on accidents (as defined in 49 CFR
390.5) involving the vehicles equipped with the transponders. Accident
reports shall be submitted every 6 months, and shall contain the
information listed below: [[Page 12149]]
1. A copy of all accident reports prepared and required by State or
other governmental entities or insurers.
2. Interview information with the driver and occupants of the CMV
involved. The information shall specifically indicate whether the
driver of the transponder-equipped vehicle believed that the presence
of the transponder was a factor in the accident. The interview shall be
conducted by a motor carrier employee responsible for supervising the
driver of the transponder-equipped vehicle.
IV. State and Local Laws
This waiver applies to all participating vehicles operating in
interstate commerce. Although incompatible State laws or regulations
perhaps cannot be changed to coincide with the start of the waiver
period, the FHWA strongly encourages State and local authorities with
safety regulations that would prohibit the use of the proposed
transponders to accept the terms and conditions of this waiver.
V. Vehicles To Be Equipped With Transponders
The names and USDOT numbers of the motor carriers participating in
the ADVANTAGE I-75 and HELP programs, as well as the number of
transponder-equipped CMVs operated by each carrier, shall be provided
to the FHWA. Motor carriers not participating in these programs may not
equip straight trucks, tractors, or motor coaches with the transponders
discussed in this waiver.
VI. Termination of Waiver
The FHWA may terminate this waiver at any time without prior
warning if it determines that continued use of the transponders
decreases the operational safety of the vehicles on which they are
installed. Upon receipt of a notice of termination, motor carriers
participating in the ADVANTAGE I-75 and HELP projects must immediately
remove the transponders from their vehicles.
VII. Report
ADVANTAGE I-75 and HELP shall provide separate reports describing
the transponder's installation and use within two years after the
effective date of the waiver. The reports shall include information
obtained from the drivers on the device's effect on visibility through
the windshield.
The FHWA has fully considered the information presented in the
request for waiver, engineering and other technical material reviewed
concerning requirements for visibility from vehicles, and the comments
received. The FHWA hereby concludes that the waiver is consistent with
the public interest and the safe operation of commercial motor
vehicles. Accordingly, the FHWA hereby grants the Commonwealth of
Kentucky and Heavy Vehicle Electronic License Plate, Inc., their
petition for a waiver from the requirements of 49 CFR 393.60(c).
Authority: 49 U.S.C. 31136, 31502; 49 CFR 1.48.
Issued on: February 21, 1995.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 95-5323 Filed 3-3-95; 8:45 am]
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