Notice2023-04841
Parts and Accessories Necessary for Safe Operation; Exemption Application From Waymo LLC, and Aurora Operations, Inc.
Primary source
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Published
March 9, 2023
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA clarifies its March 3, 2023, notice announcing an application from Waymo LLC (Waymo) and Aurora Operations, Inc. (Aurora) for a 5-year exemption from the required placement of warning devices around stopped commercial motor vehicles (CMVs); the requirement that lamps for warning devices be steady-burning; and to allow use of a warning device for stopped vehicles not currently allowed by Agency rules. FMCSA clarifies that the application was filed by Waymo and Aurora on behalf of a class of motor carriers operating autonomous driving systems (ADS) equipped CMVs and is not limited to Waymo or Aurora. The Agency also extends the public comment period on the request for an exemption.
Full Text
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<title>Federal Register, Volume 88 Issue 46 (Thursday, March 9, 2023)</title>
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[Federal Register Volume 88, Number 46 (Thursday, March 9, 2023)]
[Notices]
[Pages 14665-14666]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04841]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0071]
Parts and Accessories Necessary for Safe Operation; Exemption
Application From Waymo LLC, and Aurora Operations, Inc.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; clarification of scope,
and extension of comment period.
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SUMMARY: FMCSA clarifies its March 3, 2023, notice announcing an
application from Waymo LLC (Waymo) and Aurora Operations, Inc. (Aurora)
for a 5-year exemption from the required placement of warning devices
around stopped commercial motor vehicles (CMVs); the requirement that
lamps for warning devices be steady-burning; and to allow use of a
warning device for stopped vehicles not currently allowed by Agency
rules. FMCSA clarifies that the application was filed by Waymo and
Aurora on behalf of a class of motor carriers operating autonomous
driving systems (ADS) equipped CMVs and is not limited to Waymo or
Aurora. The Agency also extends the public comment period on the
request for an exemption.
DATES: Comments must be received on or before April 10, 2023.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2023-0071 by any of the following
methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. See the
Public Participation and Request for Comments section below for further
information.
<bullet> Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
<bullet> 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.
<bullet> Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2023-0071) for this notice. Note that DOT posts all comments
received without change to <a href="http://www.regulations.gov">www.regulations.gov</a>, 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>. As described in the
system of records notice DOT/ALL 14-FDMS, which can be reviewed at
<a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>, the comments are searchable by
the name of the submitter.
FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards, FMCSA, at (202) 366-0676 or <a href="/cdn-cgi/l/email-protection#e9848a999a9fa98d869dc78e869f"><span class="__cf_email__" data-cfemail="3d505e4d4e4b7d595249135a524b">[email protected]</span></a>. If you have
questions on viewing or submitting material to the docket, contact
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-2023-0071), 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 comment online, go to <a href="http://www.regulations.gov">www.regulations.gov</a> and put
the docket number ``FMCSA-2023-0071'' in the keyword box, and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, click the ``Comment'' button, and type your
comment into the text box on the following screen. Choose whether you
[[Page 14666]]
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 8\1/2\ 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.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from 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
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 must
publish its decision 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 specify the effective period and explain the terms and
conditions of the exemption. The exemption may be renewed (49 CFR
381.300(b)).
III. Applicant's Request
Waymo and Aurora seek an exemption from the regulations that
require specific placement of warning devices around a stopped CMV.
Waymo and Aurora believe it is possible to achieve the safety purpose
of the warning device in an alternative way by using forward- and
rearward-facing amber flashing lights mounted on the cab at a height
above the upper edge of the sideview mirrors. Waymo and Aurora each
separately tested variants of such devices and have concluded that the
use of the cab-mounted warning devices was equally or more effective in
enabling road users to recognize and react to the potential hazard
presented by the stopped CMV.
Waymo and Aurora therefore request an exemption from the warning
device placement requirements of 49 CFR 392.22(b), the utilization of a
warning device that does not meet the steady-burning lamp requirement
of 49 CFR 393.25(e), and the utilization of a warning device for
stopped vehicles that is not currently identified in 49 CFR 393.95(f).
The exemption sought would allow all motor carriers operating ADS-
equipped CMVs without a human on board (or with a human on board), when
stopped upon the traveled portion or the shoulder of a highway for any
cause other than necessary traffic stops, to use a warning system
consisting of forward- and rearward-facing cab mounted flashing amber
lamps mounted at a height above the upper edge of the sideview mirrors
instead of the currently required warning devices placed around the
CMV, as described in 49 CFR 392.22(b).
A copy of Waymo/Aurora's application for exemption and supporting
documentation is available for review in the docket for this notice.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on the application. 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. 2023-04841 Filed 3-8-23; 8:45 am]
BILLING CODE 4910-EX-P
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