[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