Parts and Accessories Necessary for Safe Operation; Grant of Exemption for Transecurity LLC (Transecurity) |
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Topics: Transecurity
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Anne S. Ferro
Federal Motor Carrier Safety Administration
November 28, 2012
[Federal Register Volume 77, Number 229 (Wednesday, November 28, 2012)]
[Notices]
[Pages 71028-71030]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28823]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2011-0165]
Parts and Accessories Necessary for Safe Operation; Grant of
Exemption for Transecurity LLC (Transecurity)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant an exemption to Transecurity LLC
(Transecurity) that will allow the placement of an onboard safety
monitoring system (OBMS) at the bottom of windshields on commercial
motor vehicles (CMVs). The Federal Motor Carrier Safety Regulations
(FMCSRs) currently 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 and
signals. Transecurity is coordinating the development and installation
of camera-based monitoring systems in up to 500 CMVs operating
throughout the United States in support of research being conducted on
behalf of FMCSA. The exemption would enable motor carriers to
participate in a field operation test to evaluate the system and allow
for on-road data collection. FMCSA believes that permitting the OBMS to
be mounted lower than currently allowed, but still outside the driver's
sight lines to the road and highway signs and signals, will maintain a
level of safety that is equivalent to, or greater than, the level
[[Page 71029]]
of safety achieved without the exemption.
DATES: This exemption is effective from November 28, 2012 until
November 28, 2014.
FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Bus and Truck Standards and Operations,
MC-PSV, at (202) 366-0676 or luke.loy@dot.gov, 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. 107, 401] amended
49 U.S.C. 31315 and 31136(e) to provide authority to grant exemptions
from the FMCSRs. A rule implementing section 4007 was published on
December 8, 1998 (63 FR 67600). Under this rule, FMCSA must publish a
notice of each exemption request in the Federal Register (49 FR
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.
Transecurity's Application for Exemption
Transecurity applied for an exemption from 49 CFR 393.60(e)(1) to
allow the installation of camera-based OBMS in up to 500 CMVs. A copy
of the application is included in the docket referenced at the
beginning of this notice.
Section 393.60(e)(1) of the FMCSRs prohibits the obstruction of the
driver's field of view by devices mounted at the top of the windshield.
Antennas, transponders and similar devices (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.
Transecurity has applied for the exemption because it wants to
install the camera-based OBMS equipment in up to 500 CMVs operating
throughout the United States in support of research being conducted on
behalf of the FMCSA Analysis, Research and Technology Division.
Transecurity contends that it must be able to mount the camera-based
OBMS lower than allowed under 49 CFR 393.60(e)(1) ``because the safety
equipment must have a clear forward facing view of the road, and low
enough to accurately scan facial features for detection of impaired
driving.'' Transecurity's mounting preference for the camera-based OBMS
and necessary brackets is at the bottom of the windshield; the best
position is within and/or below three inches of the bottom of the
driver side windshield wiper sweep, and out of the driver's sightlines
to the road and highway signs and signals.
FMCSA Grant of Waiver to Transecurity
Pursuant to 49 U.S.C. 31315(a) and 49 CFR part 381, subpart B,
FMCSA granted Transecurity a 90-day waiver on July 23, 2012, to allow
the placement of the OBMS at the bottom of windshields on CMVs, outside
of the area permitted by 49 CFR 393.60. This waiver was effective from
July 24, 2012, through October 23, 2012. Up to 500 OBMS were to be
installed on CMVs operated by the motor carriers listed below:
1. DOT 90792; Eagle Transport Corporation-Rocky Mount, NC.
2. DOT 252234; Holiday Tours Inc.-Randleman, NC.
3. DOT 16377; H&W Trucking Co. Inc.-Mt. Airy, NC.
4. DOT 348258; Associated Grocers-Baton Rouge, LA.
5. DOT 2222676; AM Express Inc.-Escanaba, MI.
During the waiver period, these motor carriers participating in the
FMCSA research field operation test must ensure that the OBMS is
mounted within and/or below three inches of the bottom of the driver
side windshield wiper sweep, and out of the driver's sightlines to the
road and highway signs and signals as much as practicable.
Comments
On August 23, 2012, FMCSA published notice of the Transecurity
application and asked for public comment (77 FR 51104). The Agency
received no comments. While FMCSA acknowledges that Transecurity did
not present specific studies or data showing that safety will not be
degraded, the Agency believes that placement of the OBMS within and/or
below three inches of the bottom of the driver side windshield wiper
sweep (1) will be outside the drivers' sight lines, and therefore (2)
will not have an adverse impact on safety. The FMCSA encourages any
party having information that motor carriers utilizing this exemption
are not achieving the requisite level of safety immediately to notify
the Agency. If safety is being compromised, or if the continuation of
the exemption is not consistent with 49 U.S.C. 31315(b) and 31136(e),
FMCSA will take immediate steps to revoke the exemption.
Terms and Conditions for the Exemption
Based on its evaluation of the application for an exemption, FMCSA
grants Transecurity's request. The Agency believes that the safety
performance of motor carriers during the 2-year exemption period will
likely achieve 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 OBMS would obstruct drivers' views of the roadway, highway
signs and surrounding traffic; (2) generally, trucks and buses have an
elevated seating position which greatly improves the forward visual
field of the driver, and any impairment of available sight lines would
be minimal; and (3) the location within and/or below three inches of
the bottom of the driver side windshield wiper sweep, and out of the
driver's sightline is reasonable and enforceable at roadside. Without
the exemption, FMCSA would be unable to test this innovative onboard
safety monitoring system. The Agency hereby grants the exemption for a
two-year period, beginning October 24, 2012 and ending October 23,
2014.
During the temporary exemption period, up to 500 OBMS will be
installed on CMVs operated by the motor carriers listed below:
1. DOT 90792; Eagle Transport Corporation-Rocky Mount, NC.
2. DOT 252234; Holiday Tours Inc.-Randleman, NC.
3. DOT 16377; H&W Trucking Co. Inc.-Mt. Airy, NC.
4. DOT 348258; Associated Grocers-Baton Rouge, LA.
5. DOT2222676; AM Express Inc.-Escanaba, MI.
These motor carriers must ensure that the OBMS is mounted within
and/or below 3 inches of the bottom of the driver side windshield wiper
sweep, and out of the driver's sightlines to the road and highway signs
and signals.
Preemption
During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with or is inconsistent
with this exemption with respect to a person operating under the
exemption.
[[Page 71030]]
Issued on: November 21, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012-28823 Filed 11-27-12; 8:45 am]
BILLING CODE 4910-EX-P