[Federal Register Volume 82, Number 148 (Thursday, August 3, 2017)]
[Notices]
[Pages 36182-36184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16339]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0239]


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

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

ACTION: Notice of final disposition.

-----------------------------------------------------------------------

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
announces its decision to grant Hino Motors Manufacturing U.S.A., 
Inc.'s (Hino) application for a limited 5-year exemption allowing motor 
carriers operating commercial motor vehicles (CMVs) manufactured by the 
company to use an Automated Emergency Braking (AEB) system and a Lane 
Departure Warning (LDW) system camera mounted in the windshield area at 
a height lower than currently allowed. The Agency has determined that 
lower placement of the AEB/LDW system camera would not have an adverse 
impact on safety and that adherence to the terms and conditions of the 
exemption would achieve a level of safety equivalent to or greater than 
the level of safety provided by the regulation.

DATES: This exemption is effective August 3, 2017 and ending August 3, 
2022.

[[Page 36183]]


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.
    Docket: For access to the docket to read background documents or 
comments submitted to notice requesting public comments on the 
exemption application, go to www.regulations.gov at any time or visit 
Room W12-140 on the ground level of the West Building, 1200 New Jersey 
Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday 
through Friday, except Federal holidays. The on-line Federal document 
management system is available 24 hours each day, 365 days each year. 
The docket number is listed at the beginning of this notice.

SUPPLEMENTARY INFORMATION: 

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
Regulations. FMCSA must publish a notice of each exemption request in 
the Federal Register (49 CFR 381.315(a)). The Agency must provide the 
public 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 safety analyses and public comments submitted, 
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)) with the reasons for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted. The notice must also specify the effective period and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

Hino's Application for Exemption

    Hino applied for an exemption from 49 CFR 393.60(e)(1) to allow an 
AEB/LDW system camera to be mounted lower in the windshield than is 
currently permitted by the Agency's regulations in order to utilize a 
mounting location that allows the system camera to function correctly. 
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 on the interior 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. 
However, Sec.  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, forward collision warning or mitigations 
system, active cruise control system, and transponder.'' Section 
393.60(e)(1)(ii) requires devices with 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 (3) outside the driver's sight lines to the road and 
highway signs and signals.
    Hino's application stated:

    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.

    Without the proposed exemption, Hino stated that it will not be 
able to deploy the AEB/LDW system camera in vehicle models because (1) 
its ``customers will be fined for violating the current regulation,'' 
and (2) ``the camera will not perform adequately to provide the safety 
benefit intended by the systems.''
    The exemption would apply to all Hino CMVs with the AEB/LDW system 
camera installed. Hino believes that mounting the AEB/LDW system camera 
within 7 inches below the upper edge of the windshield will allow it to 
function properly while maintaining an adequate field of view for the 
driver.

Comments

    FMCSA published a notice of the application in the Federal Register 
on January 19, 2017, and asked for public comment (82 FR 6689).
    The Agency received one comment from Mr. Ken Tirone, supporting the 
exemption application.

FMCSA Decision

    The FMCSA has evaluated the Hino exemption application. The Hino 
AEB/LDW system camera is mounted approximately 7 inches below the top 
of the windshield, and approximately 5.4 inches below the top of the 
area swept by the windshield wipers. Although the AEB/LDW system camera 
is approximately 4.3 inches tall, and mounted about 1 inch below the 
top of the area swept by the windshield wipers, the manner in which the 
camera system is installed on the windshield precludes it from being 
mounted (1) higher in the windshield and (2) within 4 inches from the 
top of the area swept by the windshield wipers in order to comply with 
Sec.  393.60(e)(1)(ii)(A).
    The Agency believes that granting the temporary exemption to allow 
the placement of the AEB/LDW system camera lower than 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 AEB/LDW system camera 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 mounting location 5.4 inches below the top of the area swept by the 
windshield wipers (and 7 inches below the upper edge of the windshield) 
and out of the driver's normal sightline will be reasonable and 
enforceable at roadside. In addition, the Agency believes that the use 
of AEB/LDW system cameras by fleets is likely to improve the overall 
level of safety to the motoring public.
    This action is consistent with previous Agency action permitting 
the placement of similarly-sized devices on CMVs outside the driver's 
sight lines to the road and highway signs and signals. FMCSA is not 
aware of any evidence

[[Page 36184]]

showing that the installation of other vehicle safety technologies 
mounted on the interior of the windshield has resulted in any 
degradation in safety.

Terms and Conditions for the Exemption

    The Agency hereby grants the exemption for a 5-year period, 
beginning August 3, 2017 and ending August 3, 2022. During the 
temporary exemption period, motor carriers will be allowed to operate 
CMVs manufactured by Hino equipped with AEB/LDW system cameras mounted 
in the approximate center of the windshield such that the bottom edge 
of the camera is not more than 7 inches below the upper edge of the 
windshield and outside the driver's sight lines to all mirrors, highway 
signs, signals, and view of the road ahead. The exemption will be valid 
for 5 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 motor carriers operating Hino CMVs equipped with the AEB/LDW 
system camera 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 exemption.

Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation applicable to interstate commerce that 
conflicts with or is inconsistent with this exemption with respect to a 
firm or person operating under the exemption. States may, but are not 
required to, adopt the same exemption with respect to operations in 
intrastate commerce.

    Issued on: July 26, 2017.
 Daphne Jefferson,
Deputy Administrator.
[FR Doc. 2017-16339 Filed 8-2-17; 8:45 am]
BILLING CODE 4910-EX-P