[Federal Register Volume 61, Number 65 (Wednesday, April 3, 1996)]
[Proposed Rules]
[Pages 14733-14735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8179]



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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
49 CFR PART 393

[FHWA Docket No. MC-96-5]
RIN 2125-AD76

Parts and Accessories Necessary for Safe Operation: Television 
Receivers and Data Display Units

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); request for comments.

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SUMMARY: The FHWA is proposing to rescind restrictions on the locations 
at which television viewers or screens may be positioned within 
commercial motor vehicles (CMVs). Under the President's Regulatory 
Reinvention Initiative, the FHWA has reviewed the Federal Motor Carrier 
Safety Regulations (FMCSRs) and believes the restrictions to be 
obsolete and redundant. The unsafe behavior that the regulation is 
intended to discourage is more effectively deterred through State 
traffic laws concerning driver inattentiveness. Further, the current 
regulation may have the unintended effect of discouraging the use of 
certain Intelligent Transportation Systems (ITS)-related

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technologies such as collision- avoidance and traveler information 
systems which could be used to improve safety and efficiency of CMV 
operations.

DATES: Written comments must be received on or before June 3, 1996.

ADDRESSES: Submit written, signed comments to FHWA Docket No. MC-96-5, 
Room 4232, HCC-10, Office of the Chief Counsel, Federal Highway 
Administration, 400 Seventh Street, SW., Washington, D.C. 20590. All 
comments received will be available for examination at the above 
address from 8:30 a.m. to 3:30 p.m., e.t., Monday through Friday, 
except Federal holidays. Those desiring notification of receipt of 
comments must include a self-addressed, stamped postcard.

FOR FURTHER INFORMATION CONTACT: Mr. Larry W. Minor, Office of Motor 
Carrier Research and Standards, HCS-10, (202) 366-4009; or Mr. Charles 
E. Medalen, Office of the Chief Counsel, HCC-20, (202) 366-1354, 
Federal Highway Administration, 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 January 3, 1951, after conferences with representatives of the 
motor carrier industry to discuss the need for revisions to the Federal 
Motor Carrier Safety Regulations (FMCSRs) and consultations with 
Federal and State agencies, technical societies and other experts, the 
Interstate Commerce Commission (ICC) published a comprehensive notice 
of proposed rulemaking (NPRM) (16 FR 23).
    The NPRM included a section on television receivers. The ICC 
proposed that any commercial motor vehicle equipped with a television 
viewer, screen or other means of visually receiving a television 
broadcast be required to have the viewer or screen located at a point 
to the rear of the driver's seat if the device is in the driver's 
compartment. Further, the viewer or screen could not be visible to the 
driver while the vehicle is being operated. The television controls 
would have to be located so they could not be operated from the 
driver's seat. The NPRM did not discuss this section, but the proposal 
was apparently intended to prevent a potential problem from becoming a 
reality. It is unlikely that any significant number of television 
receivers had been installed in trucks by the early 1950's.
    On May 15, 1952, the ICC published a final rule adopting the 
proposed restrictions on television receivers, along with many other 
new or revised regulations (17 FR 4422). The ICC report on the final 
rule amounted to a preamble, but, like the NPRM, it failed to explain 
why the television provision was necessary (54 M.C.C. 337, April 14, 
1952). The regulation has not been amended since 1952.

Regulatory Reinvention

    As part of the President's Regulatory Reinvention Initiative, the 
FHWA has reviewed the FMCSRs and believes that Sec. 393.88 is obsolete 
and redundant. At the time is was adopted, the ICC apparently believed 
that the absence of a Federal requirement would tempt drivers or motor 
carriers to install receivers that operators could watch while driving. 
This concern has not been borne out, and was probably unrealistic even 
in 1952. Television broadcasts are designed to be visually attractive 
and therefore have an enormous potential to distract the driver. For 
that very reason, however, motor carriers recognize the inherent safety 
risks of allowing drivers to watch television while driving, which 
would make them far more susceptible to accidents that could be avoided 
by watching the road and other vehicles. There is no reason to believe 
that Sec. 393.88 has any beneficial effect on the behavior of drivers 
or motor carriers.
    The behavior that Sec. 393.88 is intended to address, driver 
inattentiveness, is effectively covered by State laws. Accidents 
attributed to driver inattentiveness are generally cited by State 
officials as a failure to maintain control of the vehicle, with a brief 
description of the activity with which the driver was preoccupied. 
Therefore, State's have a legal means to cite commercial motor vehicle 
drivers for failing to pay attention to their driving tasks.
    In addition to being obsolete, the regulation may have the 
unintended effect of discouraging the use of certain ITS-related 
technologies such as collision-avoidance and traveler information 
systems which could be used to improve the safety and efficiency of CMV 
operations. These systems may include the use of in-vehicle display 
screens which provide real-time displays of areas of traffic 
congestion, construction, and accidents on maps which may be viewed by 
the driver while the vehicle is being operated. Some satellite 
communications systems enable motor carriers to track CMVs en route to 
a destination and to transmit written messages to drivers that appear 
on video terminals in the cab. Also, some collision avoidance/warning 
systems display video images of traffic around the CMV.
    On November 17, 1993 (58 FR 60734, 60757), the FHWA published 
regulatory guidance on the applicability of Sec. 393.88 to closed 
circuit monitoring devices used as safety viewing systems to prevent 
certain types of accidents between passenger cars and CMVs. The 
regulatory guidance indicated that Sec. 393.88 is not applicable if the 
system cannot receive television broadcasts or be used for the viewing 
of video tapes.
    More recently the FHWA has received a number of requests for 
regulatory guidance on the applicability of Sec. 393.88 to other 
configurations of display units that may be viewed by the driver while 
the vehicle is being operated. Some of these systems have functions 
which could be considered inconsistent with the intent of Sec. 393.88 
in that the systems may be capable of displaying information or video 
images that are not associated with collision avoidance or other ITS 
concepts.
    The FHWA believes that case-by-case regulatory guidance on the many 
different configurations of in-cab video display systems would be 
burdensome, confusing, and ineffective at ensuring safety. It would not 
be in the best interest of the manufacturers of these systems, the 
motor carrier industry, or the agency. Further, the regulatory guidance 
process, if applied to each make and model of in-cab displays, would 
become a de facto design approval program. Equipment manufacturers, 
motor carriers, and CMV drivers are capable of working together to 
design and develop in-cab information systems using the most cost-
effective technology and resources to facilitate improvements in the 
safety and efficiency of CMV operations. The effectiveness of this 
approach would be greatly enhanced by the removal of Sec. 393.88.
    This rulemaking is not intended to encourage motor carriers to 
install display screens for entertainment purposes or otherwise reduce 
the safety of operation of commercial motor vehicles. Rather, it is the 
intent of this rulemaking to eliminate a Federal regulation that does 
not ensure a level of safety greater than that provided by State laws, 
and to remove regulatory obstacles to the use of ITS-related 
technologies.

Rulemaking Analyses and Notices

    All comments received before the close of business on the comment 
closing date indicated above will be

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considered and will be available for examination in the docket at the 
above address. Comments received after the comment closing date will be 
filed in the docket and will be considered to the extent practicable, 
but the FHWA may issue a final rule at any time after the close of the 
comment period. In addition to late comments, the FHWA will also 
continue to file in the docket relevant information that becomes 
available after the comment closing date, and interested persons should 
continue to examine the docket for new material.

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    The FHWA has considered the impacts of this document and has 
determined that it is neither a significant rulemaking action within 
the meaning of Executive Order 12866 nor a significant rulemaking under 
the regulatory policies and procedures of the Department of 
Transportation. The rulemaking would amend part 393 of the FMCSRs by 
removing an obsolete regulation. It is anticipated that the economic 
impact of this rulemaking will be minimal. Therefore, a full regulatory 
evaluation is not required.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FHWA has evaluated the effects of this rule on small 
entities. Based upon this evaluation, and for the reasons set forth in 
the preceding paragraph, the FHWA certifies that this rule would not 
have a significant economic impact on a substantial number of small 
entities.

Executive Order 12612 (Federalism Assessment)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this rule does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Domestic Assistance Program Number 20.217, Motor Carrier 
Safety. The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities apply 
to this program.

Paperwork Reduction Act

    This document does not contain information collection requirements 
for the purposes of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 
et seq).

National Environmental Policy Act

    The agency has analyzed this rulemaking for the purpose of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
has determined that this action would not have any effect on the 
quality of the environment.

Regulation Identification Number

    A regulation identification number (RIN) is assigned to each 
regulatory action listed in the Unified Agenda of Federal Regulations. 
The Regulatory Information Service Center publishes the Unified Agenda 
in April and October of each year. The RIN contained in the heading of 
this document can be used to cross reference this action with the 
Unified Agenda.

List of Subjects in 49 CFR Part 393

    Highway safety, Highways and roads, Motor carriers, Motor vehicle 
safety.

    Issued on: March 26, 1996.
Rodney E. Slater,
Federal Highway Administrator.

    In consideration of the foregoing, the FHWA proposes to amend title 
49, Code of Federal Regulations, subchapter B, chapter III, as follows:

PART 393--[AMENDED]

    1. The authority citation for part 393 continues to read as 
follows:

    Authority: Section 1041(b) of Pub. L. 102-240, 105 Stat. 1914, 
1993 (1991); 49 U.S.C. 31136 and 31502; 49 CFR 1.48.


Sec. 393.88  [Removed and Reserved]

    2. Section 393.88 is removed and reserved.

[FR Doc. 96-8179 Filed 4-2-96; 8:45 am]
BILLING CODE 4910-22-P