[Federal Register Volume 76, Number 223 (Friday, November 18, 2011)]
[Notices]
[Pages 71619-71621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29600]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0166]


Parts and Accessories Necessary for Safe Operation; Grant of 
Temporary Exemption for Con-way Freight, TK Holdings, Inc., and Iteris, 
Inc.

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

ACTION: Notice of final disposition.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
announces its decision to grant an exemption to enable Con-way Freight 
(Con-way), TK Holdings, Inc. (Takata), and Iteris, Inc. (Iteris) to 
mount lane departure warning system sensors lower in the windshield of 
a commercial motor vehicle (CMV) than is currently permitted by the 
Agency's regulations. The lane departure warning system

[[Page 71620]]

alerts drivers who unintentionally drift out of their lane of travel, 
thus promoting improved safety performance.

DATES: This exemption is effective November 18, 2011 through November 
18, 2013.

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

    Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption 
from the prohibition on obstructions to the driver's field of view 
requirements in 49 CFR 393.60(e) for a two-year period if it finds 
``such exemption would likely achieve a level of safety that is 
equivalent to, or greater than, the level of safety that would be 
achieved absent such exemption,'' (49 CFR 381.305(a)).

Applications for Exemptions

    On November 11, 2009, Con-way applied for an exemption from 49 CFR 
393.60(e)(1) to allow it to install lane departure warning system 
sensors on 1,272 of its newly purchased power units. Takata and Iteris 
submitted nearly identical exemption applications for their lane 
departure warning system sensors on December 15, 2009 and on February 
25, 2010, respectively. On June 14, 2010, FMCSA published a notice of 
these applications, and asked for public comment (75 FR 33666).
    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 (collectively, 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.
    Con-way, Takata, and Iteris 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.
    Con-way, Takata, and Iteris provided diagrams and photos showing 
the dimensions of the lane departure sensors and their mounting 
locations on vehicle windshields. Specifically, the lane departure 
sensor device itself measures 2 inches by 3.5 inches and is mounted 
within the top 2 inches of the windshield wiper sweep. The lane 
departure system requires the forward lens of the sensor to be in the 
swept area of the windshield for a clear view in inclement weather.
    Con-way, Takata, and Iteris cited the findings of a report 
published by FMCSA's Office of Analysis, Research and Technology titled 
``Benefit-Cost Analyses of Onboard Safety Systems,'' which summarizes 
the projected safety benefits for various CMV onboard safety 
technologies, including lane departure warning systems. Using projected 
efficacy rates ranging from 23 percent to 53 percent, the report 
estimated that, based on industry-wide use, lane departure warning 
systems have the potential to eliminate approximately 1,609-2,463 
single-vehicle roadway departure crashes, 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. Con-way, 
Takata, and Iteris each stated that without the exemption, they 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 FMCSA report 
described above.

Comments

    In response to its notice requesting public comment, the Agency 
received one comment, from the American Trucking Associations (ATA). 
The ATA supports the use of lane departure warning systems and 
identified no specific objection to the exemption applications. The ATA 
stated that the devices present relatively minor visual obstruction 
when placed near the upper edge of the windshield wiper sweep, and 
should not adversely impact the driver's ability to clearly see out of 
the windshield.

FMCSA Decision

    The FMCSA has evaluated the Con-way, Jakarta, and Iteris exemption 
applications. The Agency believes that granting the temporary 
exemptions to allow the placement of lane departure warning system 
sensors lower in the windshield than is currently permitted by the 
Agency's regulations will provide a level of safety that is equivalent 
to, or greater than the level of safety achieved without the exemption 
because (1) based on the technical information available, there is no 
indication that the lane departure warning system sensors would 
obstruct drivers' views of the roadway, highway signs and surrounding 
traffic; (2) generally, trucks and buses have an elevated seating 
position that greatly improves the forward visual field of the driver, 
and any impairment of available sight lines would be minimal; and (3) 
the location within the top two inches of the area swept by the 
windshield wiper and out of the driver's normal sightline will be 
reasonable and enforceable at roadside. In addition, the Agency 
believes that the use of lane departure warning systems by fleets is 
likely to improve the overall level of safety to the motoring public.
    This action is consistent with previous Agency actions permitting 
the similar placement of video event recorders on CMVs, within the 
swept area of the windshield wipers. FMCSA has granted temporary 
exemptions to Greyhound Lines, Inc. and to DriveCam, Inc. regarding the 
use of the video event recorders to increase safety through (1) 
identification and remediation of risky driving behaviors such as 
distracted driving and drowsiness, (2) enhanced monitoring of passenger 
behavior on CMVs in passenger service, and (3) enhanced collision 
review and analysis. Both of these exemptions have been renewed for a 
second 2-year period, as FMCSA is not aware of any evidence showing 
that the installation of the devices in the upper area of the 
windshield has resulted in any degradation in safety. Further, FMCSA 
continues to believe that the potential safety gains from the use of 
video event recorders to improve driver behavior will improve the 
overall level of safety to the motoring public. The Agency believes the 
same is true regarding the use of lane departure warning systems.

Terms and Conditions for the Exemption

    The Agency hereby grants the exemptions for a two-year period, 
beginning November 18, 2011 and ending November 18, 2013. During the 
temporary exemption period, Con-way and motor carriers using the Takata 
and Iteris lane departure warning systems must ensure that the sensors 
are mounted not more than 50 mm (2 inches) below the upper edge of the 
area swept by the windshield wipers, and

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outside the driver's sight lines to the road and highway signs and 
signals. The exemption will be valid for two years unless rescinded 
earlier by FMCSA. The exemption will be rescinded if: (1) Motor 
carriers and/or commercial motor vehicles fail to comply with the terms 
and conditions of the exemption; (2) the exemption has resulted in a 
lower level of safety than was maintained before it was granted; or (3) 
continuation of the exemption would not be consistent with the goals 
and objectives of 49 U.S.C. 31136(e) and 31315(b).
    Interested parties possessing information that would demonstrate 
that Con-way commercial motor vehicles using lane departure warning 
systems or commercial motor vehicles using lane departure warning 
systems manufactured by Takata and Iteris are not achieving the 
requisite statutory level of safety should immediately notify FMCSA. 
The Agency will evaluate any such information and, if safety is being 
compromised or if the continuation of the exemption is not consistent 
with 49 U.S.C. 31136(e) and 31315(b), will take immediate steps to 
revoke the exemptions granted to Con-way, Takata, and Iteris.

Preemption

    During the period the exemption is in effect, no State shall 
enforce any law or regulation that conflicts with or is inconsistent 
with this exemption with respect to a person operating under the 
exemption.

    Issued on: November 8, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011-29600 Filed 11-17-11; 8:45 am]
BILLING CODE 4910-EX-P