Notice2023-13206
Parts and Accessories Necessary for Safe Operation; Exemption for Daimler Coaches North America, LLC
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 22, 2023
Effective
June 27, 2023
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 119 (Thursday, June 22, 2023)</title>
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[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Notices]
[Pages 40922-40924]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="/cdn-cgi/l/email-protection#1b7174687e35787e686f7e69745b7f746f357c746d"><span class="__cf_email__" data-cfemail="a2c8cdd1c78cc1c7d1d6c7d0cde2c6cdd68cc5cdd4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view comments, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#5a17190a091e1a1e150e741d150c"><span class="__cf_email__" data-cfemail="f6bbb5a6a5b2b6b2b9a2d8b1b9a0">[email protected]</span></a>. 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
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.