[Federal Register Volume 68, Number 142 (Thursday, July 24, 2003)]
[Proposed Rules]
[Pages 43891-43893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18598]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 393

[Docket No. FMCSA-1997-2278 (Formerly Docket No. MC-96-5]
RIN 2126-AA19 (formerly RIN 2125-AD76)


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

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

ACTION: Notice of withdrawal of proposed rulemaking.

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SUMMARY: The FMCSA withdraws its April 3, 1996, Notice of Proposed 
Rulemaking (NPRM) to rescind restrictions on the locations at which 
television receivers may be positioned within commercial motor vehicles 
(CMVs). After reviewing the public comments received in response to the 
NPRM, the agency no longer considers the restrictions to be obsolete 
and redundant. The agency believes that it is necessary to retain the 
rule to prohibit unsafe driver behavior, and that doing so is not 
likely to discourage the use of

[[Page 43892]]

Intelligent Transportation Systems (ITS)-related technologies such as 
collision-avoidance and traveler information systems which could be 
used to improve safety and efficiency, or other communications systems 
that employ display screens.

DATES: The notice of proposed rulemaking published on April 3, 1996, at 
61 FR 14733 is withdrawn as of July 24, 2003.

FOR FURTHER INFORMATION CONTACT: Larry Minor, Chief, Vehicle and 
Roadside Operations Division, (202) 366-8842, Federal Motor Carrier 
Safety Administration, Department of Transportation, 400 Seventh 
Street, SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Background

    On April 3, 1996, the Federal Highway Administration (FHWA) (now 
FMCSA) published an NPRM (61 FR 14733) to rescind 49 CFR 393.88. That 
regulation requires motor carriers to place television viewers or 
screens in the rear of the back of the driver's seat, if such viewer or 
screen is in the same compartment as the driver. Section 393.88 also 
requires the carrier to place the viewer or screen in a location that 
is not visible to the driver, while he/she is driving the CMV, with the 
operating controls for the television receiver also located in the back 
of the driver's seat so that the driver cannot operate them without 
leaving his/her seat.
    As part of the President's Regulatory Reinvention Initiative, the 
agency reviewed Sec.  393.88 and made a preliminary determination that 
the rule was obsolete and redundant. The agency stated that its 
approach differed from that of the former Interstate Commerce 
Commission (ICC). When the rule was originally adopted in 1951, the ICC 
believed that the absence of a Federal requirement would tempt people 
to install television receivers in commercial motor vehicles so that 
drivers could watch them while driving. This concern has not been borne 
out. The agency indicated that motor carriers recognize the inherent 
safety risks of allowing drivers to watch television while driving. In 
addition, the agency stated that the behavior that Sec.  393.88 is 
intended to address, driver inattentiveness, is effectively covered by 
State laws and regulations.
    With regard to the issue of whether the rule could potentially 
discourage the use of ITS-related technologies, the agency explained 
that some of the systems in question permit the use of in-vehicle 
display screens, which provide drivers with real-time map displays of 
areas of traffic congestion, construction, and accidents. 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 or warning systems display video images of traffic around the 
CMV.
    The agency described how it relied on regulatory guidance to 
clarify the applicability of Sec.  393.88, and intended the rescission 
to eliminate the potential need for a case-by-case interpretation on 
the various configurations of in-cab video display systems. The agency 
was concerned that such an interpretation or regulatory guidance 
process would become a de facto design approval program.

Discussion of Comments

    The FMCSA received six comments in response to the NPRM. The 
commenters were: Advocates for Highway and Auto Safety (Advocates), the 
American Trucking Association (ATA), Federal Express Corporation 
(Federal Express), the Flxible Corporation (Flxible), Lancer Insurance 
Company (Lancer), and the Truck Manufacturers Association (TMA). 
Advocates, Lancer, and Federal Express generally opposed the agency's 
proposal, while ATA, Flxible, and TMA supported the removal of the 
current rule, primarily because of the potential for discouraging 
certain technologies. ATA suggested a revision of the rule to address 
the overall issue of devices that may distract a driver's attention 
from the roadway.
    Advocates does not believe that State laws are an appropriate 
substitute for a Federal regulation applicable to interstate motor 
carriers. Advocates contends that an explicit Federal requirement is 
needed because it would be difficult to prove that a driver viewing a 
television screen caused an accident. Lancer also expressed concern 
about the proposed removal of Sec.  393.88. Lancer indicated that the 
intercity bus industry, particularly charter and tour operators, 
already provide on-board video programming to passengers. Typically, 
the equipment used is a VCR located behind the driver's seat. None of 
the monitors are positioned so that the driver can view the images. The 
current restriction ensures that drivers do not divide their attention 
between driving and operating the video programming. Lacer agrees with 
the agency's efforts to be flexible in the use of ITS-related 
technology, but argues that there are potential safety problems with 
systems that would have drivers split their attention between driving 
and reading computer-generated messages.
    Federal Express believes that rescinding Sec.  393.88 could result 
in numerous States adopting different requirements. Federal Express 
recommends that the agency propose a new regulation that allows for new 
technologies, but prohibits devices that decrease the safety of 
operation of the commercial motor vehicles on which they used.
    TMA and Flxible support the removal of Sec.  393.88. TMA indicated 
that although the benefits provided by certain ITS-related technologies 
are not fully quantifiable because their cost-effectiveness and 
acceptance by drivers have not been documented, the usage of such 
devices should not be restricted by an outdated, obsolete regulation. 
Flexible explained that closed-circuit video surveillance equipment is 
sometimes installed on transit buses as a crime-fighting tool. The 
driver is able to observe passenger activity at all times, with the 
most advanced systems allowing the driver to lock-in on potential 
problem situations for continuous monitoring.
    The ATA also support removal of Sec.  393.88, but encourages 
government and the private sector (ITS America, Society of Automotive 
Engineers, equipment manufacturers, and motor carriers to work together 
to study the issue of driver workload, and develop new rules, if 
necessary, to respond to any safety issues identified by such research.

FMCSA Response to Comments

    After reviewing the comments submitted in response to the NPRM, the 
FMCSA agrees with the commenters concerned with not having an explicit 
prohibition against positioning television receiver screens in a 
location that enables drivers to see the screen. Although the agency 
continues to believe that current State laws or regulations could be 
used to cite drivers who watch television while operating a commercial 
motor vehicle, we acknowledge that it is much easier for enforcement 
personnel to enforce an explicit prohibition rather than an agency's 
interpretation of the applicability of a general law or regulation 
concerning driver distraction of inattention. The FMCSA believes a more 
effective strategy for ensuring highway safety is to retain Sec.  
393.88 in its current form, at this time.
    In response to commenters that support a rulemaking to respond to 
safety concerns about equipment and devices, other than television 
receivers, that may distract drivers' attention from

[[Page 43893]]

driving tasks, the agency does not believe it is necessary to take such 
action at this time. Currently, the safety benefits of such a 
rulemaking cannot be quantified, and there is no practicable means of 
estimating the potential costs in the event that such a rulemaking 
would necessitate equipment manufacturers to design systems now being 
sold. The agency will, however, certainly work with the private sector 
if specific safety problems are identified that they require Federal 
rules to effectively address the issue.
    The FMCSA continues to consider Sec.  393.88 to be applicable only 
to television receivers, and believes that the rule should not be 
construed as being applicable to any other device or technology unless 
such technology is capable of receiving a television broadcast signal. 
The agency believes that Sec.  393.3 provides adequate guidance 
concerning other technology in that it prohibits equipment and 
accessories that decrease the safety of operation of the CMV on which 
it is used. The agency will continue to provide general regulatory 
guidance, as necessary, to clarify the applicability of Sec.  393.3 to 
devices other than television receivers, while ensuring to the greatest 
extent practicable, that the regulatory guidance process does not 
become a de facto design approval or product endorsement process.

FMCSA Decision

    In consideration of the comments and for the reasons given above, 
the FMCSA will retain Sec.  393.88. The agency no longer believes that 
the regulation could discourage the use of certain technologies 
intended to improve the safety or efficiency of motor carrier 
operations, at least to the extent that action must be taken at this 
time. Furthermore, the safety benefits of retaining the rule, while 
admittedly undocumented, outweigh the potential safety risks that would 
result from motor carriers or drivers concluding that there are no 
regulatory obstacles to the watching of television while a CMV is being 
operated on public roads.
    For these reasons, the NPRM of April 3, 1996 (61 FR 14733), is 
withdrawn.

    Issued on: July 11, 2003.
Annette M. Sandberg,
Acting Administrator.
[FR Doc. 03-18598 Filed 7-23-03; 8:45 am]
BILLING CODE 4910-EX-M