[Federal Register Volume 76, Number 223 (Friday, November 18, 2011)]
[Notices]
[Pages 71619-71621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29600]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2010-0166]
Parts and Accessories Necessary for Safe Operation; Grant of
Temporary Exemption for Con-way Freight, TK Holdings, Inc., and Iteris,
Inc.
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 enable Con-way Freight
(Con-way), TK Holdings, Inc. (Takata), and Iteris, Inc. (Iteris) to
mount lane departure warning system sensors lower in the windshield of
a commercial motor vehicle (CMV) than is currently permitted by the
Agency's regulations. The lane departure warning system
[[Page 71620]]
alerts drivers who unintentionally drift out of their lane of travel,
thus promoting improved safety performance.
DATES: This exemption is effective November 18, 2011 through November
18, 2013.
FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Bus and Truck Standards and Operations,
MC-PSV, (202) 366-0676, Federal Motor Carrier Safety Administration,
1200 New Jersey Avenue SE., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption
from the prohibition on obstructions to the driver's field of view
requirements in 49 CFR 393.60(e) for a two-year period if it finds
``such exemption would likely achieve a level of safety that is
equivalent to, or greater than, the level of safety that would be
achieved absent such exemption,'' (49 CFR 381.305(a)).
Applications for Exemptions
On November 11, 2009, Con-way applied for an exemption from 49 CFR
393.60(e)(1) to allow it to install lane departure warning system
sensors on 1,272 of its newly purchased power units. Takata and Iteris
submitted nearly identical exemption applications for their lane
departure warning system sensors on December 15, 2009 and on February
25, 2010, respectively. On June 14, 2010, FMCSA published a notice of
these applications, and asked for public comment (75 FR 33666).
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 (collectively, 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.
Con-way, Takata, and Iteris state that over the last several years,
truck manufacturers have increased the windshield area to maximize
driver visibility. As a result, manufacturers have voluntarily
installed larger windshield wipers on these windshields that increase
the swept area beyond that which is minimally required by Federal Motor
Vehicle Safety Standard (FMVSS) No. 104, ``Windshield wiping and
washing systems.'' FMVSS No. 104 establishes the requirements
applicable to vehicle and equipment manufacturers for windshield wiper
system coverage for passenger cars, multi-purpose passenger vehicles,
trucks, and buses.
Con-way, Takata, and Iteris provided diagrams and photos showing
the dimensions of the lane departure sensors and their mounting
locations on vehicle windshields. Specifically, the lane departure
sensor device itself measures 2 inches by 3.5 inches and is mounted
within the top 2 inches of the windshield wiper sweep. The lane
departure system requires the forward lens of the sensor to be in the
swept area of the windshield for a clear view in inclement weather.
Con-way, Takata, and Iteris cited the findings of a report
published by FMCSA's Office of Analysis, Research and Technology titled
``Benefit-Cost Analyses of Onboard Safety Systems,'' which summarizes
the projected safety benefits for various CMV onboard safety
technologies, including lane departure warning systems. Using projected
efficacy rates ranging from 23 percent to 53 percent, the report
estimated that, based on industry-wide use, lane departure warning
systems have the potential to eliminate approximately 1,609-2,463
single-vehicle roadway departure crashes, 627-1,307 single-vehicle
roadway departure rollovers, 1,111-2,223 same-direction lane departure
sideswipes, 997-1,992 opposite-direction lane departure sideswipes, and
59-118 opposite-direction lane departure head-on collisions. Con-way,
Takata, and Iteris each stated that without the exemption, they will be
unable to (1) implement the lane departure warning system, and (2)
realize the potential safety benefits that can be expected with the
utilization of this technology as estimated in the FMCSA report
described above.
Comments
In response to its notice requesting public comment, the Agency
received one comment, from the American Trucking Associations (ATA).
The ATA supports the use of lane departure warning systems and
identified no specific objection to the exemption applications. The ATA
stated that the devices present relatively minor visual obstruction
when placed near the upper edge of the windshield wiper sweep, and
should not adversely impact the driver's ability to clearly see out of
the windshield.
FMCSA Decision
The FMCSA has evaluated the Con-way, Jakarta, and Iteris exemption
applications. The Agency believes that granting the temporary
exemptions to allow the placement of lane departure warning system
sensors lower in the windshield than is 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 lane departure warning system sensors 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 location within the top two inches of the area swept by the
windshield wiper and out of the driver's normal sightline will be
reasonable and enforceable at roadside. In addition, the Agency
believes that the use of lane departure warning systems by fleets is
likely to improve the overall level of safety to the motoring public.
This action is consistent with previous Agency actions permitting
the similar placement of video event recorders on CMVs, within the
swept area of the windshield wipers. FMCSA has granted temporary
exemptions to Greyhound Lines, Inc. and to DriveCam, Inc. regarding the
use of the video event recorders to increase safety through (1)
identification and remediation of risky driving behaviors such as
distracted driving and drowsiness, (2) enhanced monitoring of passenger
behavior on CMVs in passenger service, and (3) enhanced collision
review and analysis. Both of these exemptions have been renewed for a
second 2-year period, as FMCSA is not aware of any evidence showing
that the installation of the devices in the upper area of the
windshield has resulted in any degradation in safety. Further, FMCSA
continues to believe that the potential safety gains from the use of
video event recorders to improve driver behavior will improve the
overall level of safety to the motoring public. The Agency believes the
same is true regarding the use of lane departure warning systems.
Terms and Conditions for the Exemption
The Agency hereby grants the exemptions for a two-year period,
beginning November 18, 2011 and ending November 18, 2013. During the
temporary exemption period, Con-way and motor carriers using the Takata
and Iteris lane departure warning systems must ensure that the sensors
are mounted not more than 50 mm (2 inches) below the upper edge of the
area swept by the windshield wipers, and
[[Page 71621]]
outside the driver's sight lines to the road and highway signs and
signals. The exemption will be valid for two 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 Con-way commercial motor vehicles using lane departure warning
systems or commercial motor vehicles using lane departure warning
systems manufactured by Takata and Iteris 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 exemptions granted to Con-way, Takata, and Iteris.
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.
Issued on: November 8, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011-29600 Filed 11-17-11; 8:45 am]
BILLING CODE 4910-EX-P