[Federal Register Volume 87, Number 150 (Friday, August 5, 2022)]
[Notices]
[Pages 48063-48064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16868]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2022-0075]
Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Daimler Coaches North America, LLC
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA requests public comment on an application for exemption
from Daimler Coaches North America, LLC to allow its driver assistance
camera technology to be mounted higher in the lower area of the
windshield on commercial motor vehicles than is currently permitted.
DATES: Comments must be received on or before September 6, 2022.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2022-0075 by any of the following
methods:
Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
Fax: 1-202-493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2022-0075) for this notice. Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
Docket: For access to the docket to read background documents or
comments, 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. To be sure someone is there to help you,
please call (202) 366-9317 or (202) 366-9826 before visiting Dockets
Operations.
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.
FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] R. Cestero, Vehicle
and Roadside Operations Division, Office of Carrier, Driver, and
Vehicle Safety, MC-PSV, (202) 366-5541 or [email protected], Federal
Motor Carrier Safety Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001. If you have questions on viewing or
submitting material to the docket, call Dockets Operations at (202)
366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2022-0075), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
To submit your comments online, go to www.regulations.gov and put
the docket number, ``FMCSA-2022-0075'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 81/2 by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope. FMCSA will consider all comments and material received
during the comment period and may grant or not grant this application
based on your comments.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31315(b) to grant exemptions
from certain parts of the Federal Motor Carrier Safety Regulations
(FMCSRs). 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)).
III. Background
Current Regulatory Requirements
49 CFR 393.60(e)(1)(ii) currently requires devices meeting the
definition of ``vehicle safety technology,'' including Daimler Coaches
North America, LLC's (DCNA) driver assistance camera technology device,
to be mounted (1) not more than 4 inches below the upper edge of the
area swept by the windshield wipers, or (2) 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. On March 7, 2022, FMCSA issued a final rule that goes into
effect on May 6, 2022 (87 FR 12596). The new rule expands the mounting
location of devices that meet the definition of ``vehicle safety
technology'' and allows them to be mounted:
(A) Not more than 216 mm (8.5 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.
[[Page 48064]]
The revised rule only increases the upper edge area swept by the
windshield wipers and does not change the lower edge area.
Applicant's Request
DCNA has applied for an exemption from 49 CFR 393.60(e)(1) to allow
its driver assistance camera technology device to be mounted higher in
the lower area of the windshield than is currently permitted. A copy of
the application is included in the docket referenced at the beginning
of this notice.
Equivalent Level of Safety
In its application, DCNA states that the functionality of its
driver assistance camera technology includes the ability to manage the
Lane Departure Warning System (LDWS), Adaptive Cruise Control (ACC),
Active Brake Assist 5 (ABA5) which is the minimum standard safety
system and integral to the Electronic Stability Program (ESP). ABA5
uses both existing radar and the new camera technology for both
pedestrian and vehicle recognition, commonly referred to as a ``forward
collision mitigation system.''
The technology housing is approximately 187 mm (7.36 inches) tall
by 277 mm (10.9 inches) wide and will be mounted in the approximate
lower center of the windshield with the bottom edge of the housing
approximately 240 mm (about 9.44 inches) above the lower edge of the
area swept by the windshield wipers. The technology will be mounted
outside the driver's normal sight lines to the road ahead, signs,
signals, and mirrors. This location will allow for optimal
functionality of the safety features supported by DCNA's driver
assistance camera technology. The location of the technology--within
the sweep of the left side windshield wiper--also ensures the safe
operation of the system in inclement weather, where the sensors field
of view can be wiped 'clean', as required, by normal use of the
windshield wiper system.
DCNA believes that mounting the driver assistance camera technology
system as described will maintain a level of safety that is equivalent
to, or greater than, the level of safety achieved without the
exemption.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public
comment from all interested persons on DCNA's application for an
exemption. 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.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-16868 Filed 8-4-22; 8:45 am]
BILLING CODE 4910-EX-P