
[Federal Register: February 5, 2009 (Volume 74, Number 23)]
[Notices]               
[Page 6206-6207]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe09-72]                         

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0313]

 
Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Turnpike Global Technologies LLC

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
requests public comment on an application for exemption from Turnpike 
Global Technologies LLC (Turnpike) to allow the placement of electronic 
on board data event recorders at the bottom of the windshields on 
commercial motor vehicles (CMV). The exemption would enable any motor 
carrier using Turnpike's RouteTracker electronic on-board data event 
recorders to mount the devices lower in the windshield than currently 
permitted by the Agency's regulations in order to maximize the ability 
of the device to collect safety and regulatory compliance data. 
Turnpike believes this mounting position would maintain a level of 
safety that is equivalent to, or greater than, the level of safety 
achieved without the exemption.

DATES: Comments must be received on or before March 9, 2009.

ADDRESSES: You may submit comments identified by FDMS Docket ID Number 
FMCSA-2008-0313 by 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 through 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, New Jersey Avenue, SE, Washington, DC, between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19476) or you may visit http://
www.regulations.gov.
    Public participation: The http://www.regulations.gov Web site is 
generally available 24 hours each day, 365 days each year. You can get 
electronic submission and retrieval help and guidelines under the 
``help'' section of the http://www.regulations.gov Web site and also at 
the DOT's http://docketsinfo.dot.gov Web site. If you want us to notify 
you that we received your comments, please include a self addressed, 
stamped envelope or postcard or print the acknowledgement page that 
appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside 
Operations Division, Office of Bus and Truck Standards and Operations 
(MC-PSV), Federal Motor Carrier Safety Administration, 1200 New Jersey 
Avenue, SE., Washington, DC 20590-0001, phone (202) 366-0676, or e-mail 
luke.loy@dot.gov.

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 also specify the effective period of the 
exemption (up to 2 years) and explain the terms and conditions of the 
exemption (49 CFR 381.315(c)). The exemption may be renewed (49 CFR 
381.300(b)).

Turnpike's Application for Exemption

    On April 2, 2008, Turnpike applied for an exemption from 49 CFR

[[Page 6207]]

393.60(e)(1) to allow the installation of the RouteTracker electronic 
on board data event recorder on 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.
    Turnpike applied for the exemption because it wants to install 
RouteTracker devices in its customers' vehicles throughout the United 
States. Turnpike contends that it must be able to mount the recorder in 
a position that is lower on the windshield than what is currently 
allowed under 49 CFR 393.60(e)(1) ``in order to maximize the ability of 
the device to collect safety and regulatory compliance data.'' Turnpike 
noted that the preferred installation location is in the lower right 
side of the windshield, and outside the area swept by the windshield 
wipers. Turnpike stated ``The windshield mount is the preferred 
installation to prevent driver tampering and ensure twenty-four hour 
communication relay.''
    In its application, Turnpike noted that the Commercial Vehicle 
Safety Alliance (CVSA) submitted a petition for rulemaking to FMCSA on 
October 18, 2007, to amend 49 CFR 393.60(e). The CVSA petition requests 
that the FMCSRs be amended to permit video event recorders and similar 
devices that require a clear forward facing visual field to be mounted 
not more than 50 mm (2 inches) below the upper edge of the area swept 
by the windshield wipers, provided that they are located outside the 
driver's sight lines to the road and highway signs and signals. A copy 
of the CVSA petition has been placed in the docket referenced at the 
beginning of this notice.
    Turnpike recommended that FMCSA--as a condition of the exemption if 
it were granted--require Turnpike to comply with the mounting 
provisions proposed in the CVSA petition as described above during the 
period of the exemption. Turnpike stated that doing so would ``enable 
Turnpike to maximize the use of RouteTracker in collecting safety and 
regulatory compliance data while abiding by a mounting standard that 
the CVSA has determined is safe and appropriate.''
    On November 7, 2008, Turnpike sent FMCSA an amendment to its 
exemption application. Turnpike notes that its preferred mounting 
location is in the lower right 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. A copy of the amended 
application is included in the docket referenced at the beginning of 
this notice. As such, complying with CVSA's proposed mounting 
location--not more than 2 inches below the upper edge of the area swept 
by the windshield wipers--as proposed in its original application dated 
April 2, 2008, would not be consistent with Turnpike's preferred 
mounting location at the bottom right of the windshield.
    The amended application requests that FMCSA grant an exemption to 
Sec.  393.60(e)(2) that would permit installation of its RouteTracker 
device in the lower right side 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. Turnpike notes that while Sec.  
393.60(e)(2) permits CVSA inspection decals, and stickers and/or decals 
required under Federal or State laws to ``be placed at the bottom or 
sides of the windshield provided such decals or stickers do not extend 
more than 4\1/2\ inches from the bottom of the windshield and are 
located outside the area swept by the windshield wipers, and outside 
the drivers' sight lines to the road and highway signs or signals,'' 
this section applies only to decals and stickers--and not to 
transponders or similar devices such as its RouteTracker device. Given 
that the RouteTracker device has dimensions of 4 x 
3.5 x 1.25, Turnpike contends that mounting its 
RouteTracker device in the lower right side of the windshield and 
outside the drivers' sight lines to the road and highway signs or 
signals is consistent with that allowed for decals and stickers 
described above, and will not degrade safety.

Request for Comments

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

    Issued on: January 29, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-2431 Filed 2-4-09; 8:45 am]

BILLING CODE 4910-EX-P
