[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Pages 8750-8751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03239]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0024]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Virginia Tech Transportation Institute (VTTI)

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 VTTI to 
allow the placement of camera-based data acquisition systems (DAS) 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. VTTI is coordinating device 
development and installation of the DASs for a National Highway Traffic 
Safety Administration (NHTSA) research program in up to 150 CMVs. The 
exemption would enable VTTI and NHTSA to conduct research on the 
reliability of collision avoidance systems for CMVs. VTTI believes that 
mounting the DASs at the bottom of the windshield 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 March 20, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2015-0024 using 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-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, 1200 New Jersey Avenue SE., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Public participation: The http://www.regulations.gov Web site is 
generally available 24 hours each day, 365 days each year. You may find 
electronic submission and retrieval help and guidelines under the 
``help'' section of the http://www.regulations.gov Web site as well as 
the DOT's http://docketsinfo.dot.gov Web site. If you would like 
notification that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment 
page that appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Mike Huntley, Vehicle and Roadside 
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-4235, 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

[[Page 8751]]

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 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)).

VTTI's Application for Exemption

    VTTI has applied for an exemption from 49 CFR 393.60(e)(1) to allow 
the installation of DASs 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.
    VTTI has applied for the exemption because it wants to install DASs 
in up to 150 CMVs operating throughout the United States in support of 
research being conducted on behalf of NHTSA. VTTI contends that it must 
be able to mount the DASs 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.'' VTTI's mounting preference for the 
DASs 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 VTTI

    Pursuant to 49 U.S.C. 31315(a) and 49 CFR part 381, subpart B, the 
FMCSA granted VTTI a 90-day waiver on January 26, 2015 to allow the 
placement of the DASs at the bottom of windshields on CMVs, outside of 
the area permitted by section 393.60 of the FMCSRs. This waiver is 
effective from January 26, 2015, through April 25, 2015. Up to 150 DASs 
will be installed and the affected motor carriers are listed as below:

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1. USDOT # 32052.......................  Crosby Trucking Service Inc. in
                                          Mount Sydney VA.
2. USDOT # 369138......................  Rush Trucking Corporation in
                                          Wayne Michigan.
3. USDOT # 1977980.....................  Kuperus Trucking Inc. in
                                          Jenison MI.
4. USDOT # 282628......................  Stagecoach Cartage and
                                          Distribution, LP in El Paso
                                          TX.
5. USDOT # 184405......................  J & M Tank Lines Inc. in
                                          Birmingham AL.
6. USDOT # 1243338.....................  P&S Transportation LLC in
                                          Ensley AL.
7. USDOT # 75827.......................  Modular Transport Company in
                                          Wyoming MI.
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    During the waiver period, these motor carriers participating in the 
NHTSA research program must ensure that the DASs are mounted within 
three 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 VTTI'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: February 9, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-03239 Filed 2-17-15; 8:45 am]
BILLING CODE 4910-EX-P