[Federal Register Volume 77, Number 164 (Thursday, August 23, 2012)]
[Notices]
[Pages 51104-51105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20752]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0165]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Transecurity LLC (Transecurity)

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
requests public comment on an application for exemption from 
Transecurity LLC to allow the placement of an onboard safety monitoring 
system (OBMS) at the bottom of windshields on commercial motor vehicles 
(CMVs). The Federal Motor Carrier Safety Regulations (FMCSRs) currently 
require antennas, transponders, and similar devices to be located not 
more than 6 inches below the upper edge of the windshield, outside the 
area swept by the windshield wipers, and outside the driver's sight 
lines to the road and highway signs and signals. Transecurity is 
coordinating device development and the installation of camera-based 
monitoring systems for FMCSA in up to 500 CMVs. The exemption would 
enable motor carriers to participate in a field operation test to 
evaluate the system and allow for on-road data collection. Transecurity 
believes this mounting position would maintain a level of safety that 
is equivalent to or greater than the level of safety achieved without 
the exemption.

DATES: Comments must be received on or before September 24, 2012.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2011-0165 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. 107, 401] amended 49 
U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from 
the FMCSRs. On August 20, 2004, FMCSA published a final rule 
implementing section 4007 (69 FR 51589). 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

[[Page 51105]]

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)).

Transecurity's Application for Exemption

    Transecurity has applied for an exemption from 49 CFR 393.60(e)(1) 
to allow the installation of the camera-based OBMS at the bottom of the 
windshield on CMVs. A copy of the application is 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.
    Transecurity has applied for the exemption because it wants to 
install the camera- based OBMS equipment in up to 500 CMVs operating 
throughout the United States in support of research being conducted on 
behalf of FMCSA. Transecurity contends that it must be able to mount 
the camera-based OBMSs lower than allowed under 49 CFR 393.60(e)(1) 
``because the safety equipment must have a clear forward facing view of 
the road, and low enough to accurately scan facial features for 
detection of impaired driving.'' Transecurity's mounting preference for 
the camera-based OBMS and necessary mounting brackets is at the bottom 
of the windshield, and is best suited for mounting within and/or below 
3 inches of the bottom of the windshield wiper sweep, and out of the 
driver's sightlines to the road and highway signs and signals, to the 
extent practicable.

FMCSA Grant of Waiver to Transecurity

    Pursuant to 49 U.S.C. 31315(a) and 49 CFR part 381, subpart B, the 
FMCSA granted Transecurity a 90-day waiver on July 23, 2012 to allow 
the placement of the OBMS at the bottom of windshields on CMVs, outside 
of the area permitted by Sec.  393.60 of the FMCSRs. This waiver is 
effective from July 24, 2012, through October 23, 2012. Up to 500 OBMS 
will be installed, and the affected motor carriers are listed as below:
    1. DOT  90792; Eagle Transport Corporation--Florida.
    2. DOT  252234; Holiday Tours Inc.--Randleman, NC.
    3. DOT  16377; H&W Trucking Co. Inc.--Mt. Airy, NC.
    4. DOT  348258; Associated Grocers--Baton Rouge, LA.
    5. DOT  2222676; AM Express Inc.--Escanaba, MI.
    During the waiver period, these motor carriers participating in the 
FMCSA research field operation test must ensure that the OBMS is 
mounted within 3 inches of the bottom of the driver side windshield 
wiper sweep, and out of the driver's sightlines to the road and highway 
signs and signals as much as practicable. Vehicles participating in the 
study must carry a copy of this waiver in the vehicle.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests 
public comment from all interested persons on Transecurity's 
application for an exemption from 49 CFR 393.60(e)(1). 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: August 16, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-20752 Filed 8-22-12; 8:45 am]
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