[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Notices]
[Pages 6689-6691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01265]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0450]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Hino Motors Manufacturing U.S.A., Inc.

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 Hino 
Motors Manufacturing U.S.A., Inc. (Hino) to allow an Automated 
Emergency Braking (AEB) system and a Lane Departure Warning (LDW) 
system camera to be mounted lower in the windshield than is currently 
permitted. Mounting the camera in this location does not meet the 
prohibition on obstructions to the driver's field of view requirements 
for windshields in the Federal Motor Carrier Safety Regulations (FMCSR) 
which requires devices meeting the definition of ``vehicle safety 
technology'' to be mounted not more than 4 inches below the upper edge 
of the area swept by the windshield wipers, or 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. Because the camera will be mounted outside of the driver's 
normal sight lines to all mirrors, Hino believes that they will 
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 February 21, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2016-0450 using any of the 
following methods:
     Web site: http://www.regulations.gov. Follow the 
instructions for submitting comments on the Federal electronic docket 
site.

[[Page 6690]]

     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: Mrs. Amina Fisher, Vehicle and 
Roadside Operations Division, Office of Carrier, Driver, and Vehicle 
Safety, MC-PSV, (202) 366-2782, 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 specify the effective 
period of the exemption (up to 5 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)).

Hino's Application for Exemption

    Hino has applied for an exemption from 49 CFR 393.60(e) to allow an 
Automated Emergency Braking (AEB) system and a Lane Departure Warning 
(LDW) system camera to be mounted lower in the windshield than is 
currently permitted. A copy of the application is included in the 
docket referenced at the beginning of this notice.
    Section 393.60(e)(1)(i) of the FMCSRs prohibits the obstruction of 
the driver's field of view by devices mounted at the top of the 
windshield. Antennas and similar devices must not be mounted 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. 
Section 393.60(e)(1)(i) does not apply to vehicle safety technologies, 
as defined in Sec.  390.5 as including ``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.'' Section 393.60(e)(1)(ii) requires devices with vehicle 
safety technologies to be mounted (1) not more than 100 mm (4 inches) 
below the upper edge of the area swept by the windshield wipers, or (2) 
not more than 175 mm (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.
    In its application, Hino states:

    Hino is making this request so that it becomes possible to 
introduce an Automated Emergency Braking (AEB) system and a Lane 
Departure Warning (LDW) system as optional equipment on some Hino 
commercial motor vehicles. This system, like many other similar 
systems which FMCSA has granted exemptions for, requires that a 
camera be mounted to the upper center area of the windshield in an 
area where the windshield in an area where the windshield is swept 
by the windshield wipers to provide a clear view to the lane 
markings on the road.
    In the Hino installation, the camera housing supplied by Meritor 
Wabco is approximately 4.67 inches wide by 4.30 inches tall. We 
propose to mount the camera such that is in the approximate center 
of the windshield and such that the bottom edge of the camera is 
approximately 7 inches below the upper edge of the windshield, 
outside of the driver's and passenger's normal sight lines to all 
mirrors, highway signs, signals and view of the road ahead. This 
location will allow for the optimal functionality of the advanced 
safety systems supported by the camera.
    Hino has created a CAD layout of a typical Hino conventional 
type truck to verify that we do not significantly obstruct the FMVSS 
104 specified zones A, B or C for passenger cars of 1730 or more mm 
overall width [Figure 1 of application]. In fact, we obstruct 0.0% 
of zone C, 0.1% of zone B and 1.4% of zone A.
    Hino has installed one prototype camera housing in a Hino 
conventional type model 258LP (low profile) test vehicle with the 
lowest cab height we offer to assess, through a jury evaluation, the 
impact of the camera on driver and passenger visibility [Figure 2 of 
application].
    All drivers and passengers agreed that there was no noticeable 
obstruction to the normal sight lines to the road ahead, highway 
signs, signals or any mirrors. Also, one driver noted that the 
camera did not interfere with the normal range of motion of the sun 
visor and that the sun visor lower edge extended lower than the 
camera housing [Figure 3 of application].

    The exemption would apply to all CMV operators driving Hino 
vehicles with the AEB/LDW system camera installed. Hino believes that 
mounting the system as described will maintain a

[[Page 6691]]

level of safety that is equivalent to, or greater than, the level of 
safety achieved without the exemption.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests 
public comment from all interested persons on Hino's application for an 
exemption from 49 CFR 393.60. 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: January 13, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-01265 Filed 1-18-17; 8:45 am]
 BILLING CODE 4910-EX-P