Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Volvo Trucks of North America

Larry W. Minor
Federal Motor Carrier Safety Administration
July 24, 2015

[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)]
[Notices]
[Pages 44186-44188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18172]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0239]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Volvo Trucks of North America

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 Volvo 
Trucks of North America (Volvo) to allow the placement of rain and 
ambient light detection sensors on Volvo commercial motor vehicles 
(CMV) lower in the windshield than is currently permitted by the 
Agency's regulations in order to utilize a mounting location that 
allows the sensor to function correctly. 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. Volvo believes that mounting the sensor lower in the 
windshield will allow it to function properly while maximizing the 
external view of the road and maintaining an adequate forward facing 
field of view for the driver.

DATES: Comments must be received on or before August 24, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-

[[Page 44187]]

2015-0239 using any of the following methods:
     Web site: http://www.regulations.gov. Follow the 
instructions for submitting comments on the Federal electronic docket 
site.
     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: Mr. Mike Huntley, Vehicle and Roadside 
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-4325, 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 2 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)).

Volvo's Application for Exemption

    Volvo has applied for an exemption from 49 CFR 393.60(e)(1) to 
allow the placement of rain and ambient light detection sensors on 
Volvo CMVs lower in the windshield than is currently permitted by the 
Agency's regulations in order to utilize a mounting location that 
allows the sensor 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) of the FMCSRs prohibits the obstruction of the 
driver's field of view by devices mounted on the windshield. Antennas, 
transponders and similar 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, highway signs and signals.
    In its application, Volvo states:

    Volvo is making this request so that it becomes possible to 
introduce a rain and ambient light detection sensor as an option on 
some Volvo commercial motor vehicles. In order for the sensor to 
function correctly, it must be installed in the wiper swept area of 
the windshield. This is due to the fact that an unswept portion of 
the windshield, which would not necessarily be kept clean and dry by 
the wipers, could make it difficult for the sensor to determine if 
the wipers are needed or not. The sensor, which is approximately 2.6 
inches tall by 2.2 inches wide, would be placed on the passenger 
side of the windshield, outside the driver's sight lines to all 
mirrors, highway signs, signals, and view of the road ahead. 
Therefore, we respectfully request an exemption to grant us 
permission to proceed with the installation of the sensor on the 
lower part of the windshield within the bottom 6 inches of the area 
swept by the wipers . . .
    This will enable Volvo to install this hands-free driver aid 
equipment for commercial motor vehicle operators while ensuring the 
adherence to the specified location requirements requested . . .
    The temporary exemption will allow Volvo to install equipment 
within 7 inches at the bottom of wiper swept area of the windshield 
to determine the viability of the system as shown in diagrams 
enclosed.

    Without the proposed exemption, Volvo states that it will not be 
able to deploy the rain sensor and ambient light system in vehicle 
models because (1) its ``customers will be fined for violating the 
current regulation,'' and (2) ``the rain and ambient light sensing 
system will not perform adequately and will not generate the hands-free 
driver aid benefits that would be expected.''
    The exemption would apply to all Volvo CMVs. Volvo believes that 
mounting the sensor lower in the windshield will allow it to function 
properly while maximizing the external view of the road and maintaining 
an adequate forward facing field of view for the driver.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests 
public comment from all interested persons on Volvo's application for 
an exemption from 49 CFR 393.60(e)(1). 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

[[Page 44188]]

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: July 17, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-18172 Filed 7-23-15; 8:45 am]
BILLING CODE 4910-EX-P