[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)]
[Rules and Regulations]
[Pages 65568-65574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22923]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 393

[Docket No. FMCSA-2016-0234]
RIN 2126-AB94


Parts and Accessories Necessary for Safe Operation; Windshield-
Mounted Technologies

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

ACTION: Final rule.

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SUMMARY: FMCSA amends the Federal Motor Carrier Safety Regulations 
(FMCSRs) to allow the voluntary mounting of certain devices on the 
interior of the windshields of commercial motor vehicles (CMVs), 
including placement within the area that is swept by the windshield 
wipers. Section 5301 of the Fixing America's Surface Transportation 
(FAST) Act directs the Agency to amend the FMCSRs to allow devices to 
be mounted on the windshield that utilize ``vehicle safety 
technology,'' as defined in the Act. In addition, the section 5301 
states that all windshield mounted devices/technologies with a limited 
2-year exemption in effect on the date of enactment, shall be 
considered to meet the equivalent-or-greater safety standard required 
for the initial exemption. Promulgation of this final rule is a 
nondiscretionary, ministerial action that does not require prior notice 
and public comment under the Administrative Procedure Act (APA).

DATES: This final rule is effective October 24, 2016.
    Petitions for Reconsideration of this final rule must be submitted 
to the FMCSA Administrator no later than October 24, 2016.

FOR FURTHER INFORMATION CONTACT: If you have questions on this final 
rule, call or email Mr. Luke Loy, Vehicle and Roadside Operations 
Division, Office of Bus and Truck Standards and Operations, Federal 
Motor Carrier Safety Administration, telephone: 202-366-0676; 
[email protected]. If you have questions on viewing or submitting 
material to the docket, contact Docket Services, telephone 202-366-
0676.

SUPPLEMENTARY INFORMATION: This Final Rule is organized as follows:

I. Executive Summary
II. Abbreviations
III. Legal Basis
IV. Background
V. FAST Act--Windshield Technology
VI. Discussion of Final Rule
VII. International Impacts
VIII. Section-by-Section
IX. Regulatory Analyses
    A. E.O. 12866 (Regulatory Planning and Review and DOT Regulatory 
Policies and Procedures as Supplemented by E.O. 13563)
    B. Regulatory Flexibility Act (Small Entities)
    C. Assistance for Small Entities
    D. Unfunded Mandates Reform Act of 1995
    E. Paperwork Reduction Act (Collection of Information)
    F. E.O. 13132 (Federalism)
    G. E.O. 12988 (Civil Justice Reform)
    H. E.O. 13045 (Protection of Children)
    I. E.O. 12630 (Taking of Private Property)
    J. Privacy
    K. E.O. 12372 (Intergovernmental Review)
    L. E.O. 13211 (Energy Supply, Distribution, or Use)
    M. E.O. 13175 (Indian Tribal Governments)
    N. National Technology Transfer and Advancement Act (Technical 
Standards)
    O. Environment (NEPA, CAA, E.O.12898 Environmental Justice)

I. Executive Summary

    Section 5301 of the FAST Act, enacted on December 4, 2015, but made 
effective on October 1, 2015, pursuant to section 1003, directs the 
Secretary to revise 49 Code of Federal Regulations (CFR) 393.60(e) 
relating to the prohibition on obstructions to the driver's field of 
view, to provide an exception for the voluntary mounting on a 
windshield of ``vehicle safety technology'' likely to achieve a level 
of

[[Page 65569]]

safety that is equivalent to or greater than the level of safety that 
would be achieved without the exception. Section 5301(c) provides that 
any windshield-mounted technology for which FMCSA had granted a limited 
exemption under 49 CFR part 381 that was in effect on the date of 
enactment of the FAST Act (October 1, 2015) shall be considered as 
meeting the equivalent-or-better level of safety. For this reason, 
FMCSA amends 49 CFR 393.60(e) to allow the use of all the devices for 
which limited exemptions had previously been granted, with restrictions 
on placement that are consistent with the restrictions that were 
included in the limited 2-year exemptions.
    Specifically, the Agency replaces current Sec.  393.60(e)(1) with 
(1) Sec.  393.60(e)(1)(i), which requires antennas and similar devices 
to be mounted not more than 152 mm (6 inches) below the upper edge of 
the windshield, and outside the driver's sight lines to the road and 
highway signs and signals; and (2) Sec.  393.60(e)(1)(ii), which 
provides an exception to paragraph (e)(1)(i) to allow devices that 
utilize certain vehicle safety technologies (including, but not limited 
to video event recorders, lane departure warning systems, collision 
mitigation or warning systems, transponders, and sensors that are part 
of a hands-free driver aid equipment package) to be mounted on the 
interior of the windshield and within the area swept by the windshield 
wipers. The Agency adds a definition of ``vehicle safety technology'' 
in Sec.  393.5, specifically as it relates to Sec.  393.60(e). The 
Agency believes the potential economic impact of these changes is 
negligible. The amendments do not impose new or more stringent 
requirements, but simply codify the temporary exemptions granted 
pursuant to 49 CFR part 381 that allow the use of the above-mentioned 
devices/technologies in locations that would have previously been a 
violation of Sec.  393.60(e)(1). More importantly, the amendments do 
not mandate the use of any devices/technologies, but simply permit the 
voluntary use of the devices/technologies while mounted in a location 
that maximizes their effectiveness without impairing operational 
safety.

II. Abbreviations

------------------------------------------------------------------------
                Full name                     Abbreviation or acronym
------------------------------------------------------------------------
Clean Air Act...........................  CAA
Categorical Exclusion...................  CE
Code of Federal Regulations.............  CFR
Commercial Motor Vehicles...............  CMVs
Executive Order.........................  EO
Federal Highway Administration..........  FHWA
Federal Motor Carrier Safety              FMCSA
 Administration.
Federal Motor Carrier Safety Regulations  FMCSRs
Fixing America's Surface Transportation   FAST Act
 Act.
Motor Carrier Act, 1935.................  1935 Act
Motor Carrier Safety Act of 1984........  1984 Act
National Environmental Policy Act.......  NEPA
Notice of Proposed Rulemaking...........  NPRM
Office of Management and Budget.........  OMB
United States Code......................  U.S.C.
------------------------------------------------------------------------

III. Legal Basis for the Rulemaking

    This rulemaking is based on the authority of the Motor Carrier Act, 
1935 [1935 Act], the Motor Carrier Safety Act of 1984 [1984 Act], and 
the FAST Act of 2015.
    The 1935 Act, as amended, provides that ``[t]he Secretary of 
Transportation may prescribe requirements for--(1) qualifications and 
maximum hours of service of employees of, and safety of operation and 
equipment of, a motor carrier; and (2) qualifications and maximum 
hours-of-service of employees of, and standards of equipment of, a 
motor private carrier, when needed to promote safety of operation.'' 
[49 U.S.C. 31502(b)].
    The 1984 Act provides concurrent authority to regulate drivers, 
motor carriers, and vehicle equipment. It requires the Secretary to 
``prescribe regulations on commercial motor vehicle safety. The 
regulations shall prescribe minimum safety standards for commercial 
motor vehicles. At a minimum, the regulations shall ensure that--(1) 
commercial motor vehicles are maintained, equipped, loaded, and 
operated safely; (2) the responsibilities imposed on operators of 
commercial motor vehicles do not impair their ability to operate the 
vehicles safely; (3) the physical condition of operators of commercial 
motor vehicles is adequate to enable them to operate vehicles safely . 
. .; (4) the operation of commercial motor vehicles does not have a 
deleterious effect on the physical condition of the operators; and (5) 
an operator of a commercial motor vehicle is not coerced by a motor 
carrier, shipper, receiver, or transportation intermediary to operate a 
commercial motor vehicle in violation of a regulation promulgated under 
this section, or chapter 51 or chapter 313 of this title.'' [49 U.S.C. 
31136(a)].
    Section 5301 of the FAST Act directs FMCSA to exempt voluntary 
mounting of a vehicle safety technology on a windshield if that 
technology is likely to achieve a level of safety that is equivalent to 
or greater than the level of safety that would be achieved without the 
exemption [Pub. L. 114-94, 129 Stat. 1312, 1543, Dec. 4, 2015]. Section 
5301(c) also specifies that any regulatory exemption for windshield-
mounted technologies in effect on the date of enactment of the FAST Act 
``shall be considered likely to achieve a level of safety that is 
equivalent to or greater than the level of safety that would be 
achieved absent an exemption . . .'' It must be noted, however, that 
section 1003 of the FAST Act makes this provision effective on October 
1, 2015, not on the date the act was signed.
    The requirements of 49 U.S.C. 31136 (a)(1), (2) and (4) are 
applicable to this rulemaking action. The rulemaking amends 49 CFR part 
393 to allow certain safety equipment to be mounted within the area of 
the windshield swept by the windshield wipers. The Agency has concluded 
that this modification will not impair operational safety. Because the 
amendments in this final rule are primarily technical changes that make 
permanent certain variances already allowed by regulatory exemptions, 
FMCSA believes that they will be welcomed by motor carriers and drivers 
alike and that coercion to violate these variances, which is prohibited 
by Sec.  31136(a)(5), will not be an issue. FMCSA must consider the 
``costs and benefits'' of any proposal before promulgating regulations 
[49 U.S.C. 31136(c)(2)(A), 31502(d)].
    Adoption of this rule is a nondiscretionary ministerial action. 
Because prior notice and opportunity for comment could not affect the 
substance of this rule, FMCSA finds good cause under 49 U.S.C. 553(b) 
to make the rule immediately final. For the same reason, the Agency 
finds good cause to make the rule effective upon publication, as 
authorized by 49 U.S.C. 553(d).

IV. Background

    The fundamental purpose of 49 CFR part 393, ``Parts and Accessories 
Necessary for Safe Operation,'' is to ensure that an employer does not 
operate a CMV or cause or permit it to be operated, unless it is 
equipped in accordance with the requirements and specifications of that 
part. However, nothing contained in part 393 should be construed to 
prohibit the use of additional equipment and accessories,

[[Page 65570]]

as long as it is not inconsistent with or prohibited by the FMCSRs, 
provided that such equipment and accessories do not decrease the safety 
of operation of the CMV on which they are used (Sec.  393.3).
    Prior to 1998, Sec.  393.60(c) (``Use of vision-reducing matter'') 
prohibited the operation of any CMV ``with any label, sticker, 
decalcomania, or other vision-reducing matter covering any portion of 
its windshield or windows at either side of the driver's compartment, 
except that stickers required by law may be affixed at the bottom of 
the windshield, provided that no portion of any label, sticker, 
decalcomania, or other vision-reducing matter may extend upward more 
than 4 \1/2\ inches from the bottom of such windshield.'' On March 6, 
1995, the Federal Highway Administration (FHWA) granted a petition from 
the Commonwealth of Kentucky and Heavy Vehicle Electronic License 
Plate, Inc. for a waiver of the requirements of Sec.  393.60(c) to 
allow mounting of an automatic vehicle identification transponder at 
the upper border of the windshield of CMVs. After reviewing automotive 
engineering recommended practices, the Federal Motor Vehicle Safety 
Standards, research regarding driver's field of view, and CMV cab 
designs related to placement of interior mirrors and sun visors, FHWA 
concluded that mounting a transponder at the approximate center of the 
top of the windshield would be extremely unlikely to create a situation 
inconsistent with the safe operation of a CMV, and was unlikely to have 
any effect on a driver's ability to observe nearby objects, such as 
pedestrians.
    On April 14, 1997, FHWA published a notice of proposed rulemaking 
(NPRM) in which the Agency proposed general amendments to part 393 of 
the FMCSRs, including numerous revisions to Sec.  393.60 regarding 
glazing materials, windshields and windows (62 FR 18170). Among other 
things, FHWA proposed revising Sec.  393.60(c) concerning the 
restrictions on the use of vision-reducing matter on windshields to 
allow the installation of antennas, transponders, and similar devices 
in the upper margin of windshields. Specifically, the NPRM proposed to 
replace Sec.  393.60(c) with a new Sec.  393.60(e), ``Prohibition on 
obstructions to the driver's field of view,'' that would (1) 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 or signals, and (2) retain the general 
requirement that inspection decals and stickers required under Federal 
or State laws must be mounted not more than 4\1/2\ inches from the 
bottom of the windshield, outside the area swept by the windshield 
wipers, and outside the driver's sight lines to the road and highway 
signs or signals. The proposed revisions were intended to eliminate the 
need for motor carriers to petition FHWA for waivers to allow the use 
of windshield-mounted transponders and similar devices, such as the 
March 1995 waiver. The NPRM stated that ``The proposed amendment would 
codify the March 6, 1995, waiver and help to promote the use of 
advanced technologies to improve the efficiency and safety of operation 
of commercial motor vehicles.''
    On January 9, 1998, FHWA published a final rule adopting the 
amendments as proposed in the April 1997 NPRM (63 FR 1383). In adopting 
the amendments, FHWA stated that ``revising Sec.  393.60 to allow the 
use of windshield-mounted transponders and similar devices will help to 
promote increased efficiency and safety of motor carrier operations.'' 
FHWA reviewed accident reports concerning the transponder-equipped CMVs 
operating under the terms of the 1995 waiver, and determined that there 
had been no crashes that could be attributed to the mounting of such 
devices in the uppermost area of the center of the windshields of the 
CMVs. Based on this, FHWA concluded that ``the real-world experience of 
the motor carriers operating approximately 10,000 transponder-equipped 
CMVs indicates that allowing other CMVs to be similarly equipped is 
consistent with the public interest and the safe operation of CMVs.'' 
The amendments adopted in the January 1998 final rule, establishing 
Sec.  393.60(e), have remained unchanged over the past 18 years.
    In the past several years, FMCSA has granted numerous temporary 
exemptions from 49 CFR 393.60(e)(1) for a variety of devices and safety 
technologies that require a clear forward-facing visual field to 
function most effectively. In conditions of rain or other inclement 
weather, these devices must be located partially or entirely in the 
area of the windshield swept by wipers. Many of these devices/safety 
technologies, such as video event recorders, lane departure warning 
system sensors, and forward collision warning and mitigation systems, 
did not exist when the requirements of Sec.  393.60(e) were first 
established in 1998.

V. FAST Act--Windshield Technology

    Section 5301(a) of the FAST Act directs FMCSA to amend Sec.  
393.60(e) of the FMCSRs to ``exempt from that section the voluntary 
mounting on a windshield of vehicle safety technology likely to achieve 
a level of safety that is equivalent to or greater than the level of 
safety that would be achieved absent the exemption.'' ``Vehicle safety 
technology'' is defined in Section 5301(b) to include (1) a fleet-
related incident management system, (2) performance or behavior 
management system, (3) speed management system, (4) lane departure 
warning system, (5) forward collision warning or mitigation system, (6) 
active cruise control system, and (7) any other technology that the 
Secretary considers applicable.
    Section 5301(c) also states that ``any windshield mounted 
technology with a short term exemption under part 381 of title 49, Code 
of Federal Regulations, on the date of enactment of this Act, shall be 
considered likely to achieve a level of safety that is equivalent to or 
greater than the level of safety that would be achieved absent an 
exemption.'' The following is a list of temporary exemptions from Sec.  
393.60(e) that were in effect on October 1, 2015, the effective date of 
the FAST Act pursuant to section 1003:
     On March 13, 2015 (80 FR 13460), FMCSA granted a 2-year 
exemption from Sec.  393.60(e)(1) to Volvo/Prevost, LLC motorcoaches 
for a lane departure system mounted not more than 7 inches above the 
lower edge of the area swept by the windshield wipers, and outside the 
driver's sight lines to the road and highway signs and signals. The 
lane departure warning system alerts drivers who unintentionally drift 
out of their lane of travel, thus promoting improved safety 
performance.
     On March 18, 2015 (80 FR 14222), FMCSA granted Mobileye, 
Inc., a 2-year exemption from Sec.  393.60(e)(1) for CMVs utilizing a 
camera-based collision avoidance system mounted not more than 4 inches 
below the upper edge, or above the lower edge, of the area swept by the 
windshield wipers, and outside the driver's sight lines to the road and 
highway signs and signals. The collision avoidance system warns drivers 
of potential hazards by detecting other vehicles, pedestrians and 
cyclists on the road, and lane markings and traffic signs.
     On March 18, 2015 (80 FR 14231), FMCSA granted Lytx Inc. 
(formerly DriveCam, Inc.), a renewal of a 2-year exemption from Sec.  
393.60(e)(1) for CMV utilizing video event recorders mounted not more 
than 50 mm (2 inches) below the upper edge of the area swept by the 
windshield wipers, and located outside the driver's sight lines to the 
road and highway signs and signals. Use of the

[[Page 65571]]

video event recorders increases safety through (1) identification and 
remediation of risky driving behaviors such as distracted driving and 
drowsiness, (2) enhanced monitoring of passenger behavior for CMVs in 
passenger service, and (3) enhanced collision review and analysis. This 
exemption was initially granted on April 15, 2009, and was renewed for 
successive 2-year periods in 2011, 2013, and 2015.
     On April 2, 2015 (80 FR 17818), FMCSA granted Greyhound 
Lines, Inc. a renewal of a 2-year exemption from Sec.  393.60(e)(1) for 
its buses utilizing video event recorders mounted not more than 50 mm 
(2 inches) below the upper edge of the area swept by the windshield 
wipers, and located outside the driver's sight lines to the road and 
highway signs and signals. Use of the video event recorders increases 
safety through (1) identification and remediation of risky driving 
behaviors such as distracted driving and drowsiness, (2) enhanced 
monitoring of passenger behavior for CMVs in passenger service, and (3) 
enhanced collision review and analysis. This exemption was initially 
granted on March 19, 2009, and was renewed for successive 2-year 
periods in 2011, 2013, and 2015.
     On May 20, 2015 (80 FR 29151), FMCSA granted the Virginia 
Tech Transportation Institute a 2-year exemption from Sec.  393.60(e) 
to allow certain motor carriers operating up to 150 CMVs that are part 
of a National Highway Traffic Safety Administration (NHTSA) research 
program on the reliability of collision avoidance systems to mount 
camera-based data acquisition systems within and/or below 3 inches of 
the bottom of the driver side windshield wiper sweep, and out of the 
driver's sight lines to the road and highway signs and signals. The 
data acquisition system provides an external view of the road and an 
internal view of the driver, scanning the facial features of the driver 
for detection of impaired driving.
     On June 22, 2015 (80 FR 35697), FMCSA granted Help, Inc. a 
2-year exemption from Sec.  393.60(e)(1) for motor carriers using Help, 
Inc. transponders mounted 2 inches right of the center of the 
windshield, and 2-3 inches above the dashboard. If however, because of 
the design and mounting of the windshield wipers on a particular CMV, 
use of the mounting location identified above did not result in the 
transponder being located within the swept area of the wipers, where it 
could function optimally, the transponder could be positioned: (1) To 
the right of the center of the windshield; and (2) as low as possible 
in the swept area of the wipers. The transponders transmit and receive 
data that is used to help determine a vehicle's compliance with safety, 
weight, and credential requirements while traveling at highway speeds, 
saving motor carriers time, fuel, and money, reducing congestion around 
inspection facilities, and improving inspection efficiency and 
effectiveness by enabling officials to focus their resources on 
vehicles with safety and size and weight infractions.
     On November 18, 2013, FMCSA renewed (and published on 
November 25, 2013, 78 FR 70396) for 2 years an exemption from Sec.  
393.60(e)(1) for motor carriers using lane departure warning systems 
and collision mitigation systems mounted not more than 50 mm (2 inches) 
below the upper edge of the area swept by the windshield wipers, and 
outside the driver's sight lines to the road and highway signs and 
signals. The lane departure warning system alerts drivers who 
unintentionally drift out of their lane of travel, thus promoting 
improved safety performance. This exemption was initially granted in 
2011, renewed (through November 25, 2015) in 2013, and again (through 
November 17, 2017) on December 7, 2015 (80 FR 76061). The 2011 
exemption was in effect on the date of enactment of the FAST Act.
    Less than one month after enactment of the FAST Act, FMCSA granted 
one additional temporary exemption from Sec.  393.60(e) that is 
currently in effect:
     On December 21, 2015 (80 FR 794112), FMCSA granted Volvo 
Trucks of North America a 2-year exemption from Sec.  393.60(e)(1) for 
motor carriers operating Volvo CMVs to use a rain and ambient light 
detection sensor mounted in the lower part of the passenger side of the 
windshield within the bottom 7 inches of the area swept by the 
windshield wipers, outside the driver's sight lines to all mirrors, 
highway signs, signals, and view of the road ahead. The sensors are 
part of a hands-free driver aid equipment package intended to improve 
driver safety.
    Video event recorders (Lytx, Greyhound), lane departure warning 
systems (Bendix, Volvo/Prevost), and collision avoidance systems 
(Mobileye) were specifically identified in the definition of ``vehicle 
safety technology'' in section 5301(b) of the FAST Act. FMCSA considers 
both the VTTI data acquisition system, which scans a driver's facial 
features for the detection of impaired driving, and the Volvo rain and 
ambient light sensor, which is part of a hands-free driver aid 
equipment package, to be ``performance or behavior management systems'' 
under the definition in the Act. While transponders do not fall into 
any of the specific categories included in the definition of ``vehicle 
safety technology'' in the Act, these devices have been permitted to be 
mounted in the windshield of CMVs since the granting of the 1995 
waiver, and will be included in the amendments made via this rule as 
the HELP, Inc., temporary exemption was in effect at the time the Act 
was published.

VI. Discussion of Final Rule

    As directed by the Act, this final rule amends Sec.  393.60(e) to 
allow certain vehicle safety technologies to be mounted on the interior 
of the windshield of a CMV, within a defined portion of the swept area 
of the windshield. FMCSA adds a definition of ``vehicle safety 
technology'' in Sec.  393.5 of the FMCSRs, to include all of the 
technologies that had been granted temporary exemptions from Sec.  
393.60(e) that were in effect at the time the FAST Act was enacted. 
Consistent with the terms and conditions outlined in the various 
temporary exemptions currently in effect, the amended rules require 
devices that must be mounted within the area swept by the windshield 
wipers to be located (1) not more than 100 mm (4 inches) below the 
upper edge, and (2) not more than 175 mm (7 inches) above the lower 
edge of the area swept. Additionally, and consistent with the existing 
regulation and the terms and conditions of the temporary exemptions, 
the devices must be located outside the driver's sight lines to the 
road and highway signs and signals.
    Similar to the 1995 waiver and the 1998 amendments to Sec.  393.60, 
this rule updates the FMCSRs in response to the development and 
proliferation of devices that utilize new and innovative vehicle safety 
technologies that did not exist at the time the previous requirements 
were adopted. These devices/technologies have been proven to improve 
safety and vehicle operations. As the first temporary exemption from 
393.60(e)(1) was granted in March 2009, FMCSA has over 7 years of real-
world experience of motor carriers operating CMVs using devices mounted 
on the interior of the windshield and marginally within the area swept 
by the windshield wipers. During that time, FMCSA is unaware of any 
crashes that have been attributed to the location of such devices.
    Section 5301(b) of the Act directs the Agency to permit specific 
vehicle safety technologies (i.e., fleet-related incident management 
system, performance or behavior management system, speed

[[Page 65572]]

management system, lane departure warning system, forward collision 
warning or mitigation system, and active cruise control system) to be 
mounted lower in the windshield than currently allowed, and ``any other 
technology that the Secretary considers applicable.'' At this time, the 
Agency is unaware of any other existing technologies that should be 
included in the amendments made via this rule.

VII. International Impacts

    The FMCSRs, and any exceptions to the FMCSRs, apply only within the 
United States (and, in some cases, United States territories). Motor 
carriers and drivers are subject to the laws and regulations of the 
countries that they operate in, unless an international agreement 
states otherwise. Drivers and carriers should be aware of the 
regulatory differences amongst nations.

VIII. Section-by-Section Analysis

    Under this final rule, the requirements of 49 CFR 393.60 are 
revised to allow for the utilization of specific vehicle safety 
technologies that would be mounted on the interior of the windshield of 
a CMV, and within the area swept by the windshield wipers. FMCSA also 
adds a definition for ``vehicle safety technology'' in 49 CFR 393.5

IX. Regulatory Analyses

A. Executive Order 12866 (Regulatory Planning and Review and DOT 
Regulatory Policies and Procedures as Supplemented by Executive Order 
13563)

    This final rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by E.O. 13563 (76 FR 3821, January 21, 2011); is not 
significant within the meaning of DOT regulatory policies and 
procedures (DOT Order 2100.5 dated May 22, 1980, 44 FR 11034, February 
26, 1979); and does not require an assessment of potential costs and 
benefits under section 6(a)(3) of that Order. Therefore, the Office of 
Management and Budget has not reviewed it under that Order. The Agency 
estimates that the economic benefits and costs of the voluntary use of 
vehicle safety technologies will be less than $100 million. Carriers 
will not incur costs associated with adopting any technologies 
identified in this final rule because all such technologies are purely 
optional. Manufacturers of technologies currently exempted will 
experience a minor cost savings through the elimination of the biennial 
burden to renew existing exemptions. Manufacturers not currently named 
in exemptions that wish to develop and market such technologies will 
have new business opportunities. Carriers that choose to purchase and 
install currently exempt technologies may be more confident in doing so 
since there will be no question as to whether an expiring exemption 
will be renewed.
    Furthermore, the net impact of this rule, although small, should be 
beneficial to the motoring public. When FMCSA previously granted each 
exemption involved here, it found that doing so would likely achieve a 
level of safety equivalent to, or greater than, the level of safety 
achieved without the exemption. Based on the technical information 
available, there is no indication that the rain and ambient light 
detection sensors, lane departure warning system sensors, collision 
mitigation or avoidance system sensors, video event recorders or 
transponders would obstruct drivers' views of the roadway, highway 
signs and surrounding traffic. Generally, trucks and buses have an 
elevated seating position that greatly improves the forward visual 
field of the driver; and the location within the top four inches of the 
area swept by the windshield wipers and out of the driver's sightline 
or within the bottom 7 inches of the area swept by the windshield 
wipers and out of the driver's sightline will be reasonable and 
enforceable at roadside. Moreover, no exemption has been rescinded due 
to: (1) Motor carriers and/or commercial motor vehicles failing to 
comply with the terms and conditions of an exemption; (2) A lower level 
of safety than that prior to the granting of an exemption; or (3) 
Inconsistency between continuation of an exemption with the goals and 
objectives of 49 U.S.C. 31136(e) and 31315(b). For the reasons stated 
above, the Agency estimates that the net impact of this rule will be 
positive.
    The economic impact of this final rule is expected to be small 
because it merely makes permanent certain temporary exemptions to the 
windshield-obstruction rule, and none of its provisions involve new or 
more stringent requirements than those already allowed by current 
exemptions. This final rule does not approach the $100 million annual 
threshold of economic significance with respect to costs; in fact, it 
adds no new costs. With respect to benefits, this final rule will 
marginally increase the usage of vehicle safety technologies as defined 
in Section 5301(b) of the FAST Act, thereby producing safety benefits 
that the Agency lacks data to quantify. However, as the vehicle safety 
technologies permanently exempted in this rule are already commercially 
available and used by many carriers, the Agency expects their usage to 
increase only slightly faster than without this rule. The Agency 
therefore expects the benefits of this final rule will not rise to the 
$100 million annual threshold for economic significance. Moreover, the 
Agency does not expect the rule to generate substantial congressional 
or public interest.
    The FMCSA has determined that it has good cause under 5 U.S.C. 
553(b) to adopt this final rule without prior notice and opportunity 
for comment. The Agency finds that notice and comment are 
``unnecessary'' because section 5301(a) of the FAST Act required FMCSA 
to revise Sec.  393.60(e) within 180 days of the date of enactment, 
essentially to codify as permanent regulations those exemptions to the 
windshield-obstruction rule that have been issued in recent years. 
Section 5301(c) specified that any exemption from Sec.  393.60(e) in 
effect on the date of enactment of the FAST Act must be considered to 
meet the statutory test for an exemption in 49 U.S.C. 31315(b)(1), 
i.e., ``likely [to] achieve a level of safety that is equivalent to, or 
greater than, the level that would be achieved absent such exemption.'' 
Because section 5301 gives FMCSA no discretion in amending the 
regulations to allow vehicle safety technology, the Agency has 
determined that notice and comment are unnecessary.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) as 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (Title II, Pub. L. 104-121, 110 Stat. 857, March 29, 1996), 
requires Federal agencies to consider the effects of the regulatory 
action on small business and other small entities and to minimize any 
significant economic impact. The term ``small entities'' comprises 
small businesses and not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields 
and governmental jurisdictions with populations of less than 50,000. 
Accordingly, DOT policy requires an analysis of the impact of all 
regulations on small entities and mandates that agencies strive to 
lessen any adverse effects on these businesses.
    Pursuant to the Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. 
601 et seq.), as amended by the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857), FMCSA is not 
required to prepare a

[[Page 65573]]

final regulatory flexibility analysis under 5 U.S.C. 604(a) for this 
final rule because the Agency has not issued a notice of proposed 
rulemaking prior to this action. FMCSA determined that it has good 
cause to adopt the rule without notice and comment.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996, FMCSA wants to assist small entities in 
understanding this final rule so that they can better evaluate its 
effects on them and participate in the rulemaking initiative. If the 
final rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please consult the FMCSA 
personnel listed in the FOR FURTHER INFORMATION CONTACT section of the 
final rule.
    Small businesses may send comments on the actions of Federal 
employees who enforce or otherwise determine compliance with Federal 
regulations to the Small Business Administration's Small Business and 
Agriculture Regulatory Enforcement Ombudsman and the Regional Small 
Business Regulatory Fairness Boards. The Ombudsman evaluates these 
actions annually and rates each agency's responsiveness to small 
business. If you wish to comment on actions by employees of FMCSA, call 
1-888-REG-FAIR (1-888-734-3247). DOT has a policy ensuring the rights 
of small entities to regulatory enforcement fairness and an explicit 
policy against retaliation for exercising these rights.

D. Unfunded Mandates Reform Act of 1995

    This final rule will not impose an unfunded Federal mandate, as 
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532 et 
seq.), that results in the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector, of $155 
million (which is the value of $100 million in 2014 after adjusting for 
inflation) or more in any 1 year.

E. Paperwork Reduction Act (Collection of Information)

    This final rule calls for no new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). FMCSA has 
determined that no new information collection requirements are 
associated with this rule under OMB control number 2126-0003, 
``Inspection, Repair, and Maintenance.''

F. Executive Order 13132 (Federalism)

    A rule has Federalism implications if it has a substantial direct 
effect on State or local governments and would either preempt State law 
or impose a substantial direct cost of compliance on the States. FMCSA 
has analyzed this final rule under Executive Order 13132 and determined 
that it does not have Federalism implications.

G. Executive Order 12988 (Civil Justice Reform)

    The final rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

H. Executive Order 13045 (Protection of Children)

    FMCSA analyzed this action under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. The 
Agency determined that this final rule will not create an environmental 
risk to health or safety that may disproportionately affect children.

I. Executive Order 12630 (Taking of Private Property)

    FMCSA reviewed this final rule in accordance with Executive Order 
12630, Governmental Actions and Interference with Constitutionally 
Protected Property Rights, and has determined it will not effect a 
taking of private property or otherwise have taking implications.

J. Privacy Impact Assessment

    Section 522 of title I of division H of the Consolidated 
Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108-447, 
118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to 
conduct a privacy impact assessment of a regulation that will affect 
the privacy of individuals. This final rule does not require the 
collection of any personally identifiable information.
    The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies 
and any non-Federal agency that receives records contained in a system 
of records from a Federal agency for use in a matching program. FMCSA 
has determined this final rule will not result in a new or revised 
Privacy Act System of Records for FMCSA.

K. Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this program.

L. Executive Order 13211 (Energy Supply, Distribution, or Use)

    FMCSA analyzed this final rule under E.O. 13211, Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use. The Agency has determined that it is not a ``significant energy 
action'' under that order because it is not a ``significant regulatory 
action'' likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Therefore, it does not require a 
Statement of Energy Effects under E.O. 13211.

M. Executive Order 13175 (Indian Tribal Governments)

    This final rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

N. National Technology Transfer and Advancement Act (Technical 
Standards)

    The National Technology Transfer and Advancement Act (15 U.S.C. 272 
note) requires Federal agencies proposing to adopt technical standards 
to consider whether voluntary consensus standards are available. If the 
Agency chooses to adopt its own standards in place of existing 
voluntary consensus standards, it must explain its decision in a 
separate statement to OMB. Because FMCSA does not intend to adopt its 
own technical standards, there is no need to submit a separate 
statement to OMB on this matter.

O. Environment (National Environmental Policy Act, Clean Air Act, 
Environmental Justice)

    FMCSA analyzed this final rule in accordance with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and 
determined under our environmental procedures Order 5610.1 (69 FR 9680, 
March 1, 2004) that this action does not have any effect on the quality 
of the environment. Therefore, this final rule is categorically 
excluded from further analysis and documentation in an environmental 
assessment or environmental impact statement under FMCSA Order 5610.1, 
Appendix 2, paragraph 6.bb. The Categorical Exclusion (CE) in paragraph 
6.bb. addresses regulations concerning vehicle operation safety 
standards (e.g., regulations requiring: Certain motor

[[Page 65574]]

carriers to use approved equipment which is required to be installed 
such as an ignition cut-off switch, or carried on board, such as a fire 
extinguisher, and/or stricter blood alcohol concentration (BAC) 
standards for drivers, etc.), equipment approval, and/or equipment 
carriage requirements (e.g. fire extinguishers and flares). A 
Categorical Exclusion Determination is available for inspection or 
copying in the Regulations.gov.
    FMCSA also analyzed this final rule under the Clean Air Act, as 
amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), and 
implementing regulations promulgated by the Environmental Protection 
Agency. Approval of this action is exempt from the CAA's general 
conformity requirement since it does not affect direct or indirect 
emissions of criteria pollutants.
    Under E.O. 12898, each Federal agency must identify and address, as 
appropriate, ``disproportionately high and adverse human health or 
environmental effects of its programs, policies, and activities on 
minority populations and low-income populations'' in the United States, 
its possessions, and territories. FMCSA evaluated the environmental 
justice effects of this final rule in accordance with the Executive 
Order, and has determined that it has none, nor is there any collective 
environmental impact that would result from its promulgation.

List of Subjects in 49 CFR Part 393

    Highway safety, Motor carriers, Motor vehicle safety.

    For the reasons stated above, FMCSA amends 49 CFR chapter III, 
subchapter B, as follows:

PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION

0
1. The authority citation for part 393 is revised to read as follows:

    Authority:  49 U.S.C. 31136, 31151, and 31502; sec. 1041(b) of 
Pub. L. 102-240, 105 Stat. 1914, 1993 (1991); sec. 5301 and 5524 of 
Pub. L. 114-94, 129 Stat. 1312, 1543, 1560; and 49 CFR 1.87.

0
2. Amend Sec.  393.5 by adding a definition for ``Vehicle safety 
technology'' in alphabetical order to read as follows:


Sec.  393.5  Definitions.

* * * * *
    Vehicle safety technology. Vehicle safety technology includes a 
fleet-related incident management system, performance or behavior 
management system, speed management system, lane departure warning 
system, forward collision warning or mitigation system, active cruise 
control system, and transponder.
* * * * *

0
3. Amend Sec.  393.60 by revising paragraph (e)(1) to read as follows:


Sec.  393.60   Glazing in specified openings.

* * * * *
    (e) Prohibition on obstructions to the driver's field of view--(1) 
Devices mounted on the interior of the windshield. (i) Antennas, and 
similar 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.
    (ii) Paragraph (e)(1)(i) of this section does not apply to vehicle 
safety technologies, as defined in Sec.  393.5, that are mounted on the 
interior of a windshield. Devices with vehicle safety technologies must 
be mounted:
    (A) Not more than 100 mm (4 inches) below the upper edge of the 
area swept by the windshield wipers;
    (B) Not more than 175 mm (7 inches) above the lower edge of the 
area swept by the windshield wipers; and
    (C) Outside the driver's sight lines to the road and highway signs 
and signals.
* * * * *

    Issued under the authority of delegation in 49 CFR 1.87 on: 
September 12, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016-22923 Filed 9-22-16; 8:45 am]
 BILLING CODE 4910-EX-P