[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Notices]
[Pages 40922-40924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13206]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0075]


Parts and Accessories Necessary for Safe Operation; Exemption for 
Daimler Coaches North America, LLC

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

ACTION: Notice of final disposition; grant of application for 
exemption.

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SUMMARY: The FMCSA announces its decision to grant Daimler Coaches 
North America, LLC's (Daimler Coaches) application for a limited five-
year exemption to allow its driver assistance camera technology (DACT) 
device to extend beyond the current mounting location limits in the 
lower area of the windshield on Tourrider commercial motorcoaches. The 
Agency has determined that higher placement of Daimler Coaches' DACT 
device would not have an adverse impact on safety and that adherence to 
the terms and conditions of the exemption would likely achieve a level 
of safety equivalent to, or greater than, the level of safety provided 
by the regulation.

DATES: This exemption is effective June 27, 2023 and ending June 22, 
2028.

FOR FURTHER INFORMATION CONTACT: Mr. Jose R. Cestero, Mechanical 
Engineer, Vehicle and Roadside Operations Division, Office of Carrier, 
Driver, and Vehicle Safety, MC-PSV, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001; 
or via telephone: (202) 366-5541; or email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, go to www.regulations.gov, insert the docket 
number ``FMCSA-2022-0075'' in the keyword box, and click ``Search.'' 
Next, sort the results by ``Posted (Newer-Older),'' choose the first 
notice listed, click ``Browse Comments.''
    To view documents mentioned in this notice as being available in 
the docket, go to www.regulations.gov, insert the docket number 
``FMCSA-2022-0075'' in the keyword box, click ``Search,'' and chose the 
document to review.
    If you do not have access to the internet, you may view the docket 
online by visiting Dockets Operations in Room W12-140 on the ground 
floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, 
DC

[[Page 40923]]

20590, 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.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from certain 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 Agency's 
decision 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 (up to 5 
years) and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

III. Current Regulatory Requirements

Current Regulatory Requirements

    Section 393.60(e)(1) currently requires vehicle safety technologies 
mounted along the lower edge of the swept area to not extend more than 
175 mm (7 inches) above the lower edge of the area swept by the 
windshield wipers and be outside the driver's sight lines to the road 
and highway signs and signals.

Applicant's Request

    Daimler Coaches has applied for an exemption to allow its DACT 
device to be mounted on the windshield of Tourrider luxury motorcoaches 
in a location extending approximately 2.44 inches beyond the lower 
mounting area limits specified in 49 CFR 393.60(e)(1)(ii)(B). Daimler 
reports that this exemption would apply to approximately 200 Tourrider 
motorcoaches annually.
    In its application, Daimler Coaches states that the DACT device 
manages the functionality of the Lane Departure Warning, Adaptive 
Cruise Control, and Active Brake Assist 5 (ABA5) systems. These systems 
are each part of the minimum standard safety system equipped on the 
vehicle and are integral to the Electronic Stability Program. ABA5 uses 
both existing radar and the new DACT device for both pedestrian and 
vehicle recognition, commonly referred to as a ``forward collision 
mitigation system.''
    Daimler Coaches has noted previous exemptions granted by the Agency 
for similar technologies on other commercial vehicles and supplier 
technologies. For example, the Agency has previously granted exemptions 
for Bendix Commercial Vehicle Systems LLC, 85 FR 77336 (April 06, 
2021), Netradyne, Inc. 85 FR 82575 (Dec 18, 2020), J.J. Keller & 
Associates, Inc. 85 FR 75106 (November 24, 2020), Samsara Networks, 
Inc. 85 FR 68409 (Oct. 28, 2020), Nauto Inc. 85 FR 64220 (Oct. 9, 
2020), Lytx Inc. 85 FR 30121 (May 21, 2020), and Navistar Inc. 84 FR 
64952 (Nov. 25, 2019).
    Without the proposed exemption, Daimler Coaches states that its 
clients will be fined for violating current regulations.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    Daimler Coaches contends that its DACT device was developed and 
used in individual Daimler trucks, buses, and motorcoaches in Europe 
and subject to months of prototype on-road testing and that it has 
confirmed that the system did not obstruct the driver's normal sight 
lines on the road, highways signs, signals, or mirrors. Further, it 
contends that the location of the device--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 is wiped clean by 
normal use of the windshield wiper system.
    Finally, Daimler Coaches states that it believes that mounting the 
DACT device will maintain a level of safety that is ``at the very least 
equivalent to, but in our evaluations, far greater than the level of 
safety achieved without the exemption not only for the motorcoach in 
operation, but also for other road users, plus pedestrians and cyclists 
in urban areas.''
    FMCSA considered the development of the DACT device, the driver 
seating position, and the minimal amount of additional protrusion 
beyond the permitted area within the swept area of the windshield wiper 
when assessing the impact of the exemption on safety.

V. Public Comments

    FMCSA published a notice of the application in the Federal Register 
on August 5, 2022, and asked for public comment (87 FR 48063). The 
Agency received no comments.

VI. FMCSA Decision

    FMCSA has evaluated the Daimler Coaches exemption application. The 
DACT device housing is approximately 187 mm (7.36 inches) tall by 277 
mm (10.9 inches) wide and will be mounted 100 mm (3.8 inches) from the 
center of the windshield on the driver's side with the edge of the 
housing extending approximately 240 mm (about 9.44 inches) above the 
lower edge of the area swept by the windshield wipers. Daimler Coaches 
stated in its petition that similar safety camera technologies have 
been granted by the Agency. FMCSA notes that those technologies, while 
similar, have different mounting location requirements than the driver 
assistance technology developed by Daimler Coaches. Other safety camera 
technologies are mounted on the upper edge of the area swept by the 
windshield wipers, whereas Daimler Coaches' safety system is installed 
on the lower edge of the area swept by the windshield wipers.
    The DACT device will be mounted outside the driver's normal sight 
lines to the road ahead, signs, signals, and mirrors. Daimler Coaches 
states that this location will allow for optimal functionality of the 
safety features supported by the device. The location of the 
technology--within the sweep of the windshield wiper--also ensures the 
safe operation of the system in inclement weather, where the sensors' 
field of view can be wiped 'clean' through normal use of the windshield 
wiper system. Additionally, because of the sweep pattern of the 
windshield wiper, only the corner of the DACT device housing extends 
into the prohibited mounting area. Daimler Coaches believes this 
location to be critical for optimal functionality of the DACT device 
safety system, which would not be achieved by mounting it (1) higher in 
the windshield, and (2) within the location limits specified in section 
393.60(e)(1)(ii).
    The Agency agrees with Daimler Coaches that installation of an 
operational driver assistance technology such as the DACT device system 
provides a greater level of safety than would be provided if the 
technology were not available. FMCSA does not believe that the location 
of Daimler Coaches' camera technology will impede driver visibility of 
normal

[[Page 40924]]

sightlines towards signs, signals, and mirrors because (1) the safety 
device minimally exceeds the lower edge of the area swept by the 
windshield wipers; (2) generally, motorcoaches have an elevated seating 
position that greatly improves the forward visual field of view, and 
any resultant impairment of available sight lines would be minimal; and 
(3) the mounting location of Daimler Coaches' camera technology will be 
reasonable and enforceable at roadside.
    In addition, the Agency believes the use of Daimler Coaches' DACT 
device by fleets is likely to improve the overall level of safety for 
the motoring public. For these reasons, the Agency believes that 
allowing placement of the Daimler Coaches' DACT device beyond the area 
of the lower windshield currently permitted by Agency regulations will 
likely provide a level of safety that is equivalent to, or greater 
than, the level of safety achieved without the exemption.

VII. Terms and Conditions for the Exemption

    During the temporary exemption period, motor carriers are allowed 
to operate Daimler Tourrider commercial motorcoaches equipped with 
Daimler Coaches' DACT device mounted not more than 240 mm (9.5 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. When operating under this exemption, motor carriers are 
subjected to the following terms and conditions:
    1. This exemption is limited to Daimler Coaches' DACT device on 
Tourrider commercial motorcoaches and does not apply to any other 
camera safety technology device or commercial motor vehicle (CMV).
    2. This exemption is subject to revocation prior to the 5-year 
expiration in the event that FMCSA obtains information supporting and 
makes a determination that use of the DACT safety device on Tourrider 
motorcoaches does not achieve the requisite statutory level of safety 
or the exemption is not consistent with 49 U.S.C. 31136(e). Interested 
parties possessing information demonstrating that motor carriers 
utilizing Daimler Coaches' DACT safety device on Tourrider motorcoaches 
are not achieving the requisite statutory level of safety should 
immediately notify FMCSA at [email protected]. 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.

Termination

    The exemption is valid for 5 years unless revoked earlier by FMCSA. 
The exemption will be revoked if: (1) motor carriers operating 
Tourrider commercial motorcoaches 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).

Robin Hutcheson,
Administrator.
[FR Doc. 2023-13206 Filed 6-21-23; 8:45 am]
BILLING CODE 4910-EX-P