[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]
[Notices]
[Pages 42552-42554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17977]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0098]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Traditional Trucking Corporation

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 Traditional Trucking Corporation's 
(TTC) application for a limited 5-year exemption on behalf of motor 
carriers operating commercial motor vehicles (CMVs) to allow a Global 
Positioning System (GPS) device to be mounted on the interior of the 
windshield of a CMV within the areas allowed for ``vehicle safety 
technology'' devices. The Agency has determined that the placement of 
the GPS device in the windshield area would not have an adverse impact 
on safety, and that adherence to the terms and conditions of the 
exemption would achieve a level of safety equivalent to or greater than 
the level of safety provided by the regulation.

[[Page 42553]]


DATES: This exemption is effective August 22, 2018 and ending August 
22, 2023.

FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside 
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-0676, Federal Motor Carrier Safety Administration, 1200 
New Jersey Avenue SE, Washington, DC 20590-0001.
    Docket: For access to the docket to read background documents or 
comments submitted to notice requesting public comments on the 
exemption application, go to www.regulations.gov 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. The on-line Federal document 
management system is available 24 hours each day, 365 days each year. 
The docket number is listed at the beginning of this notice.

SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of the 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 decision of 
the Agency 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 and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

TTC's Application for Exemption

    TTC applied for an exemption from 49 CFR 393.60(e)(1)(i) to allow a 
GPS device to be mounted on the interior of the windshield of a CMV 
within the areas allowed for devices with ``vehicle safety technology'' 
as defined in the FMCSRs. A copy of the application in included in the 
docket referenced at the beginning of this notice.
    Section 393.60(e)(1)(i) of the FMCSRs prohibits the obstruction of 
the driver's field of view by devices mounted on the interior of the 
windshield. Antennas and similar devices must not be mounted more than 
152 mm (6 inches) below the upper edge of the windshield, and outside 
the driver's sight lines to the road and highway signs and signals. 
Section 393.60(e)(1)(i) does not apply to vehicle safety technologies, 
as defined in 49 CFR 390.5, including a ``a fleet-related incident 
management system, performance or behavior management system, speed 
management system, lane departure warning system, forward collision 
warning or mitigation system, active cruise control system, and 
transponder.'' Section 393.60(e)(1)(ii) requires devices with vehicle 
safety technologies to be mounted (1) not more than 100 mm (4 inches) 
below the upper edge of the area swept by the windshield wipers, or (2) 
not more than 175 mm (7 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. GPS is not a ``vehicle safety 
technology'' under the definition in the regulation, and, as such, GPS 
devices are not permitted to be mounted on the interior of the 
windshield and within the area swept by the windshield wipers TTC's 
application stated:

    The exemption is necessary because the dash is not suitable for 
mounting the fixture to hold the GPS unit, and the location of the 
GPS unit (if mounted on the top of the dash) is in the same location 
as currently allowed for ``vehicle safety technologies'' mounted on 
the windshield. The GPS fixture cannot be mounted to the ``face'' of 
the control panel as that area is covered with controls and displays 
necessary for the operation of the commercial vehicle . . .
    We do not believe that there will be any potential impacts to 
safety due to the requested temporary exemption. The size of GPS 
units is approximately the same size as the currently allowed 
``vehicle safety technologies'' and the current location is much 
lower within the CMV which takes the driver's eyes farther from the 
road to determine his/her vehicle's correct lane, bridge height, 
speed, etc. The current allowed location is a more unsafe operating 
condition.
    The exemption would be for any carrier who wishes to mount a GPS 
device on the windshield within the area defined for ``vehicle 
safety technology''--not more than 4 inches below the upper edge of 
the windshield wipers, and not more than 7 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. This 
would yield an equivalent level of safety for GPS devices as 
compared to those ``vehicle safety technologies,'' and it would be a 
potentially safer location than lower in the CMV where the driver 
must take his/her eyes off the road to look at the location of his 
CMV on the GPS device. Back in August of 2016, in the BASIC SMS, our 
Unsafe-driving category was in the cautionary status. Only one of 
the violations was not due to speeding; all of those with violations 
said it was due to a speed limit change and they were keeping with 
what they thought was the speed limit. GPS systems display the 
posted speed limit and flash in red when they are traveling above 
the posted speed limit.

    The exemption would apply to all CMV operators driving vehicles 
with GPS devices. TTC believes that the exemption will maintain a level 
of safety that is equivalent to, or greater than, the level of safety 
achieved without the exemption because the GPS device is approximately 
the same size as vehicle safety technology devices, and the current 
compliant mounting location is much lower in the vehicle which causes 
the driver to look away from the road to view the GPS device.

Comments

    FMCSA published a notice of the application in the Federal Register 
on March 22, 2018, and asked for public comment (83 FR 12643). The 
Agency received eleven comments. Mr. Ben Biondi, Mr. Keith Neighbor, 
Mr. Robert Smith, Mr. Jeffrey Baumann, Mr. Marc Winooski, Mr. Kenneth 
Farnham, Mr. Tim Higgins, Mr. Randy Littleton, and 2 anonymous 
commenters supported the exemption application. Several of these 
commenters stated that the GPS device should be allowed to be mounted 
on the windshield so the driver of the vehicle can obtain vehicle 
location information without taking their eyes off the road, and 
several believe that GPS should be considered a vehicle safety 
technology device under the regulation. One anonymous commenter opposed 
the exemption application, stating that GPS devices are not safety 
technologies, but rather luxury items meant only to be used as a 
convenience.

FMCSA Decision

    The FMCSA has evaluated the TTC exemption application, and the 
comments received. The Agency believes that granting the temporary 
exemption to allow the placement of GPS devices in the same location 
permitted for vehicle safety technologies as identified in Section 
393.60(e)(1)(ii), ``mounted (1) not more than 100 mm (4 inches) below 
the upper edge of the area swept by the windshield wipers; or (2)

[[Page 42554]]

not more than 175 mm (7 inches) above the lower edge of the area swept 
by the windshield wipers; and (3) outside the driver's sight lines to 
the road and highway signs and signals,'' 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 GPS devices 
would obstruct drivers' views of the roadway, highway signs and 
surrounding traffic; and (2) generally, trucks and buses have an 
elevated seating position that greatly improves the forward visual 
field of the driver, and there will be no impairment of available sight 
lines to the road and highway signs and signals. In addition, the 
Agency believes that the use of GPS devices by fleets is likely to 
improve the overall level of safety to the motoring public.
    This action is consistent with previous Agency action permitting 
the placement of vehicle safety technologies on CMVs outside the 
driver's sight lines to the road and highway signs and signals. FMCSA 
is not aware of any evidence showing that the installation of other 
vehicle safety technologies mounted on the interior of the windshield 
has resulted in any degradation in safety.
    Section 392.80 of the FMCSRs prohibits (a) drivers from engaging in 
texting while driving, and (b) motor carriers from allowing or 
requiring its drivers to engage in texting while driving. The term 
``texting'' is defined in section 390.5 of the FMCSRs as ``manually 
entering alphanumeric text into, or reading text from an electronic 
device,'' and includes, but is not limited to, ``short message service, 
emailing, instant messaging, a command or request to access a World 
Wide web page, pressing more than a single button to initiate or 
terminate a voice communication using a mobile telephone, or engaging 
in any other form of electronic text retrieval or entry, for present or 
future communication.'' While the definition of ``texting'' in section 
390.5 of the FMCSRs expressly excludes ``Inputting, selecting, or 
reading information on a global positioning system or navigation 
system,'' FMCSA strongly encourages CMV drivers utilizing GPS devices 
under this temporary exemption to minimize/avoid possible distraction 
associated with using these devices by (1) programming the device 
before starting to drive, (2) stopping to reprogram the device if 
necessary, and (3) enabling the voice command on the device (instead of 
muting it) to help avoid glancing at the device display.

Terms and Conditions for the Exemption

    The Agency hereby grants the exemption for a 5-year period, 
beginning August 22, 2018 and ending August 22, 2023. During the 
temporary exemption period, motor carriers will be allowed to operate 
CMVs equipped with GPS devices mounted (1) not more than 100 mm (4 
inches) below the upper edge of the area swept by the windshield 
wipers; or (2) not more than 175 mm (7 inches) above the lower edge of 
the area swept by the windshield wipers; and (3) outside the driver's 
sight lines to the road and highway signs and signals.
    The exemption will be valid for 5 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 motor carriers operating GPS devices mounted on the windshield in 
the same location as vehicle safety technologies 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 exemption.

Preemption

    In accordance with 49 U.S.C. 31313(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.

    Issued on: August 15, 2018.
 Raymond P. Martinez,
 Administrator.
[FR Doc. 2018-17977 Filed 8-21-18; 8:45 am]
 BILLING CODE 4910-EX-P


