Parts and Accessories Necessary for Safe Operation; Glazing and Window Construction; Petition for Waiver To Permit Use of Automatic Vehicle Identification Transponder

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 393

[FHWA Docket No. MC-94-28]

Parts and Accessories Necessary for Safe Operation; Glazing and

Window Construction; Petition for Waiver To Permit Use of Automatic

Vehicle Identification Transponder

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Grant of petition for waiver.

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SUMMARY: The FHWA is granting a petition from the Commonwealth of

Kentucky, lead State for the ADVANTAGE I-75 Program, and Heavy Vehicle

Electronic License Plate, Inc., (HELP) requesting a waiver from the

requirements of the Federal Motor Carrier Safety Regulations (FMCSRs)

to allow mounting of an automatic vehicle identification (AVI)

transponder near the upper border at the approximate center of the

windshields of commercial motor vehicles.

The FHWA is granting the waiver to permit the use of the

transponders in commercial motor vehicles participating in the

ADVANTAGE I-75 operational (``beta'') test and the HELP corridor

programs, subject to the conditions imposed in this notice.

EFFECTIVE DATE: April 5, 1995.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah M. Freund, Office of Motor

Carrier Standards, (202) 366-2981, or Mr. Charles Medalen, Office of

the Chief Counsel, (202) 366-1354, Federal Highway Administration,

Department of Transportation, 400 Seventh Street SW., Washington, D.C.

20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday

through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

On October 12, 1994, the FHWA published a notice in the Federal

Register (59 FR 51540) requesting comments on petitions received from

the Commonwealth of Kentucky (Kentucky) and HELP. The petitioners are

the lead organizations in multi-State partnerships of public and

private sector interests conducting a series of operational tests that

fall within the Commercial Vehicle Operations (CVO) element of the

Intelligent Transportation System (ITS) Program (formerly known as the

Intelligent Vehicle-Highway Systems (IVHS) program). The ADVANTAGE I-75

and HELP programs were created to allow commercial motor vehicles

(CMVs) that are equipped with transponders and that comply with safety

and administrative requirements to travel any segment of their

respective instrumented highways at mainline speeds with minimal

stopping at weight/inspection checkpoints.

The AVI device proposed for use in both programs is an electronic

transponder designed to send and receive signals from a CMV to ports of

entry (POEs) and safety inspection sites. The devices would be used to

transmit a variety of information, such as the identity of the motor

carrier, the gross weight of the vehicle, and the status of the

vehicle's registration and fuel tax payments. The transponder measures

84 mm (3.3 inches) high by 112 mm (4.4 inches) wide by 38 mm (1.5

inches) deep.

In order to function effectively, the transponder must be able to

properly transmit and receive signals from roadside receivers installed

at States' ports of entry. The physical location of the transponder is

a critical factor in its operation because of the potential for

internal and external electronic interference. In addition, the device

must be placed in a suitable location to allow drivers to read the

instruction displayed on the transponder, i.e., to enter or to bypass

the POE. An engineering evaluation performed by one of the ADVANTAGE I-

75 electronic equipment contractors determined that a location near the

center of the upper border of the windshield best allowed the device to

meet both of these requirements.

However, 49 CFR 393.60(c) requires that no motor vehicle be

operated with any label, sticker, decalcomania, or other vision-

reducing matter covering any portion of its windshield or windows at

either side of the driver's compartment, except that stickers required

by law may be affixed to the bottom of the windshield, provided that no

portion of any label, sticker, decalcomania, or other vision-reducing

matter may extend upward more than 114 mm (4.5 inches) from the bottom

of the windshield. The requirements of Sec. 393.60, particularly the

114 mm (4.5 inch) limit specified in Sec. 393.60(c), are independent of

the physical dimensions of windshields.

Section 206(f) of the Motor Carrier Safety Act of 1984 (49 U.S.C.

31136(e), formerly 49 U.S.C. app. 2505(f)) authorizes waivers of any

regulation issued under the authority of that Act upon a determination

that the waiver is consistent with the public interest and the safe

operation of commercial motor vehicles.

The FHWA proposed to grant the waiver on October 12, 1994. The

notice described the agency's review of automotive engineering

recommended practices, the National Highway Traffic Safety

Administration's Federal Motor Vehicle Safety Standards, and recent

research concerning drivers' field of view. It also examined current

CMV cab designs related to placement of interior mirrors and sunvisors

which occupy approximately the same space proposed for the AVI

transponder. Based on the information obtained from this review, the

FHWA concluded that a transponder mounted at the approximate center of

the top of the windshield would be extremely unlikely to create a

situation inconsistent with the safe operation of a CMV. This location

is well outside the area recommended for windshield wiper sweep under

the Society of Automotive Engineers (SAE) Recommended Practice J198

(Windshield Wiper Systems--Trucks, Buses, and Multipurpose Vehicles)

and the area recommended for windshield defrosting under Recommended

Practice J342 (Windshield Defrosting Systems Performance Guidelines--

Trucks, [[Page 12147]] Buses, and Multi-Purpose Vehicles). The findings

of four recent research reports on the subject also suggested that the

location of an object, such as a transponder device, near the upper

margin of a CMV's windshield is unlikely to have any effect on a

driver's ability to observe nearby objects, such as pedestrians.

In addition, the FHWA believes that the public interest would be

furthered by granting this waiver. Drivers whose CMVs are in compliance

with registration, safety inspection, and operating requirements and

permits may receive a signal from inspection officials to bypass ports

of entry or inspection sites. This would have the effect of greatly

improving inspection efficiency and effectiveness by enabling officials

to focus their resources on vehicles with safety and size and weight

infractions.

Discussion of Comments to the Docket

The FHWA received five comments to the notice of petition.

Advocates for Highway and Auto Safety (AHAS) opposed the windshield

mounting location for the transponder and criticized the prior field

activity under the ADVANTAGE I-75 ``alpha'' test. The Department of

California Highway Patrol (CHP) supported the general concept of the

waiver, but expressed concern with the windshield mounting location due

to a potential conflict with its State regulations. The Illinois

Department of Transportation, Heavy Vehicle Electronic License Plate

(HELP), Inc., and the Commonwealth of Kentucky Transportation Cabinet

commented in favor of the waiver.

The AHAS stated its opposition to ``any action or item of equipment

that might obstruct [the] view of CMV drivers,'' and added that ``[a]ny

waiver that might pose an impediment to driver vision must be carefully

scrutinized to assure that it is consistent with safety.'' ``It is

axiomatic,'' it noted, ``that vision plays a central role in the

driving task * * *.'' The AHAS believes the design of the transponder

is inappropriate, and that the transponder hardware should be separated

from the visual indicator provided for the driver.

The AHAS stated that it ``might support the FHWA's proposal because

of the small size of the transponder, and the fact that it will be

placed at the top of the windshield and outside the general field of

view of the driver.'' However, ``Advocates cannot support the

transponder proposal at this time since there are unresolved issues

regarding the necessity of placing the device on the windshield.'' The

AHAS also asserted that the FHWA provided insufficient technical

justification for the windshield mounting location. It dismissed the

agency's reasoning as merely rationalizing the ``convenience'' of that

location.

The FHWA disagrees with the AHAS' assertions. The FHWA is required

to evaluate the safety, not to regulate the design, of equipment for

which a waiver is requested. The design is a product of the

petitioners' engineering judgment. ADVANTAGE I-75 and HELP requested a

waiver for tests of a device whose design had already been selected.

The only issue was whether the placement of the AVI device would reduce

motor carrier safety. The FHWA has fully considered that question.

The FHWA requested, and has received, a copy of engineering notes

from Delco Electronics documenting its assessment of alternate

transponder mounting locations. A copy of the test report has been

placed in the docket.

Delco Electronics performed two tests of antenna pattern

characterization to compare the strength of the signal received at the

roadside reader. The first compared mounting locations at the lower-

right, upper-right, upper-left, and lower-left corners of the driver's

side of the windshield. The second compared two alternate locations

with the transponder attached to the windshield (upper-right and lower-

left corners of driver's side) with a third location utilizing a

mounting bracket (upper-right corner of driver's side) that held the

transponder just off the windshield. In both tests, the location at the

upper-right corner of the driver's side of the windshield delivered a

superior signal, as measured by relative attenuation in dBm [decibel-

milliwatts, a measurement of signal power on a logarithmic scale]. The

signal from the upper-right driver's side windshield mounting location

was as much as 10 dBm stronger compared to other locations and to the

bracket-mounted alternative.

For radio frequency (RF) devices to successfully perform their

functions, their transmitted signals must be strong enough to reach

their targets. The upper-right driver's side windshield mounting

location appears to be the best among the several alternatives that

Delco Electronics evaluated. The 10 dBm difference in the signal

strength can be a key factor in facilitating the transponder's

successful field implementation.

As ITS matures, it is likely that technical advancements and

competition among manufacturers will improve the packaging and reduce

the size of transponders and other ITS devices. It is conceivable that

future clearance transponders could be mounted in locations other than

a CMV's windshield, and indicator lamps added to dashboard

instrumentation, as the AHAS recommends in its comments.

The FHWA believes that the AHAS' comments reflect a

misinterpretation of the visibility issue. For example, the AHAS argued

that the visible indicator was not necessary because the transponder

would be hidden by a sunvisor. There is nothing in the notice that

warrants that conclusion. Sunvisors are not always extended. The FHWA

made the comparison between the vertical dimension of the transponder

and that of sunvisors and sunshades in reference to a driver's useful

field of view. The AHAS also questioned other technical issues

regarding the transponder's placement without presenting research

results comparable to those cited by the FHWA in support of the

proposed waiver.

In addition, the AHAS contended that the FHWA should have followed

formal waiver procedures for the ADVANTAGE I-75 Alpha Test, rather than

issuing an enforcement moratorium that had the same effect. The FHWA

disagrees. The Alpha Test was merely a technical shakedown of AVI

transponders on a small number of vehicles (up to 200) to ensure that

the equipment would work properly during the operational Beta Test.

This kind of fine-tuning could not be done with stationary vehicles.

The Alpha Test was closely controlled and monitored by the FHWA's State

partners, since the participating States and motor carriers needed to

be aware of problems before starting the Beta Test. The FHWA simply

allowed ADVANTAGE I-75 to complete this preparatory evaluation. As the

agency and the ADVANTAGE I-75 States expected, no visibility problems

caused by the transponders were reported.

The Department of California Highway Patrol (CHP) did not object to

the use of the transponder. It did, however, express a concern about

the proposed mounting location: ``California law prohibits any object

from being installed or affixed on any portion of the windshield except

for * * * a 7-inch square in the lower corner of the windshield

opposite the driver or in a 5-inch square in the lower corner of the

windshield near the driver.'' The CHP provided a copy of the relevant

regulation, California Vehicle Code Section 26708.

California's regulation differs from Sec. 393.60(c). In the fall of

1994, the FHWA notified the CHP, as the State's Motor Carrier Safety

Assistance Program (MCSAP) grant recipient, that the regulation must be

brought into conformance with the FMCSRs. The [[Page 12148]] FHWA is

working with California to address this issue, and recommends that the

CHP accept the terms of this waiver while efforts are ongoing by the

State to seek a legislative change.

The Illinois Department of Transportation (IDOT) strongly supports

the waiver. The IDOT noted that windshield-mounted transponders are

also being actively considered for automated toll collection and

commercial vehicle [electronic] pre-clearance systems planned by

Illinois and other States. The IDOT believes the waiver would not

sacrifice truck safety, but would allow the transponders used in the

programs to be positioned in vehicles so as to work more effectively.

HELP, Inc. stated that it is working with Intelligent

Transportation Systems technology to provide benefits to both motor

carriers and weigh station controllers. HELP emphasizes the importance

of the location of the AVI transponder to insure that transmitted

signals are received properly. It noted that the proposed ``right

center quadrant'' windshield location is similar to the standard

location of an inside rear-view mirror, reducing the impact of reduced

or obstructed driver views. HELP is also working with the CHP to

implement a weigh station bypass service called PRE-PASSTM which

requires placement of the AVI transponder in that optimal location.

Citing the CHP's comment to this docket, HELP notes that it is working

with the CHP to draft legislation which will modify current California

law to allow the AVI transponder to be mounted in this location. HELP

strongly supports the proposed waiver and requests the FHWA's approval

so that State governments and the motor carrier industry can proceed

with implementing PRE-PASSTM and gain improvements in

transportation productivity and efficiency.

The Commonwealth of Kentucky Transportation Cabinet (Kentucky), as

lead State in the ADVANTAGE I-75 partnership, strongly supports the

proposed waiver. Kentucky stated that over 200 trucks operated with the

transponders for over a year. Staff from the Transportation Cabinet and

the Kentucky Transportation Center rode in the trucks during testing,

and also talked with drivers, dispatchers, maintenance personnel, and

fleet managers. Kentucky became ``convinced that, when properly

mounted, the transponder does not in any way obstruct the driver's view

of the roadway. We have not had a single report of an incident or a

concern relating to a transponder obstructing a driver's view.''

Kentucky goes on to state that

Safety is a vital element of the ADVANTAGE I-75 project. The

project is supported by Motor Carrier Enforcement Personnel in each

of the participating states and province. We would not support any

practice that we believed would compromise the safety of travelers

on our nation's highways. Our support of the proposed waiver is

based upon our conviction that the transponder does not obstruct the

driver's vision or in any other way create a safety hazard. We

invite those with strong concerns to visit one of our ADVANTAGE I-75

sites and to climb into the cab of a transponder-equipped truck.

Conditions of the Waiver

The conditions of the waiver proposed in the October 12, 1994,

notice have been modified somewhat for the reasons set forth below.

As an alternative to complying with the wiring requirements of 49

CFR 393.27 and 393.33, the petitioners may, if they choose, comply with

SAE Recommended Practice (RP) J1292, Automobile, Truck, Truck-Tractor,

Trailer, and Motor Coach Wiring. The guidelines contained in RP J1292

provide more comprehensive guidance and are equivalent to, and slightly

more stringent than, Secs. 393.27 and 393.33 of the FMCSRs. The RP

covers 3 areas. It cross-references the same RPs incorporated by

reference in Sec. 393.27 (Wiring Specifications) for battery cable (SAE

RP J1127) and for low-tension primary cable (SAE RP J1128). It cross-

references SAE RP J163, Low-tension wiring and cable terminals and

splice clips, which is indirectly referenced in Sec. 393.33, Wiring

[and] installation. The RP also requires wiring overload protective

devices, fuses, or circuit breakers in this type of low-current

application. While this last item is a slight change, the agency notes

that the transponder's installation manual requires the power wire to

be connected to the fused side of battery power, and states that a one-

amp in-line fuse may be added for additional protection.

The duration and termination of the waiver discussed in Conditions

III and VI have been changed so that the waiver shall remain in effect

unless revoked by the FHWA. The grantees will be required to report the

number of participating motor carriers and the number of transponder-

equipped CMVs. Removing the time limit on the waiver will enable the

grantees to continue operating their programs, provided the reports

submitted indicate that the transponders are not affecting the safe

operation of CMVs.

Condition VII now requires that the project reports be submitted

within two years of the effective date of the waiver. A review after

two years will enable the petitioners and the FHWA to assess a

significant amount of data.

Condition IV has been modified to recognize the potential for the

existence of nonconforming State or local laws or regulations that may

not have been brought to the FHWA's attention.

Condition V of the October proposal would have limited the number

of CMVs eligible for the waiver to 30,000. This restriction has been

eliminated. Although that figure was a reasonable estimate of the

number of participating vehicles, it would have required the

petitioners to request adjustments to the ceiling, possibly more than

once, if additional motor carriers wished to join the test program.

Because the agency's review of the engineering standards and research

on field of view discussed above indicated that use of the transponder

would be very unlikely to create an unsafe operating situation, the

FHWA has decided not to impose a numerical limit on the number of

vehicles included in the program. However, both ADVANTAGE I-75 and HELP

will be required to submit information on accidents involving the

vehicles equipped with transponders, in accordance with Condition III.

I. Location of the Transponder

The transponder shall be mounted at or near the top center of the

windshield, outside the area swept by the CMV's windshield wipers, or,

at a minimum, outside the driver's sight lines to the road and highway

signs or signals.

II. Compliance With Wiring Requirements of the FMCSRs

The installation of the transponder shall be required to comply

with either (a) 49 CFR 393.27, Wiring specification, and 49 CFR 393.33,

Wiring [and] installation, or (b) with SAE Recommended Practice J1292,

Automobile, Truck, Truck-Tractor, Trailer, and Motor Coach Wiring.

III. Duration of Waiver; Accident and Incident Monitoring

The waiver for HELP and ADVANTAGE I-75 is effective beginning April

5, 1995. The waiver shall remain in effect indefinitely, unless revoked

by the FHWA.

Motor carriers participating in ADVANTAGE I-75 and HELP shall

provide the FHWA with information on accidents (as defined in 49 CFR

390.5) involving the vehicles equipped with the transponders. Accident

reports shall be submitted every 6 months, and shall contain the

information listed below: [[Page 12149]]

1. A copy of all accident reports prepared and required by State or

other governmental entities or insurers.

2. Interview information with the driver and occupants of the CMV

involved. The information shall specifically indicate whether the

driver of the transponder-equipped vehicle believed that the presence

of the transponder was a factor in the accident. The interview shall be

conducted by a motor carrier employee responsible for supervising the

driver of the transponder-equipped vehicle.

IV. State and Local Laws

This waiver applies to all participating vehicles operating in

interstate commerce. Although incompatible State laws or regulations

perhaps cannot be changed to coincide with the start of the waiver

period, the FHWA strongly encourages State and local authorities with

safety regulations that would prohibit the use of the proposed

transponders to accept the terms and conditions of this waiver.

V. Vehicles To Be Equipped With Transponders

The names and USDOT numbers of the motor carriers participating in

the ADVANTAGE I-75 and HELP programs, as well as the number of

transponder-equipped CMVs operated by each carrier, shall be provided

to the FHWA. Motor carriers not participating in these programs may not

equip straight trucks, tractors, or motor coaches with the transponders

discussed in this waiver.

VI. Termination of Waiver

The FHWA may terminate this waiver at any time without prior

warning if it determines that continued use of the transponders

decreases the operational safety of the vehicles on which they are

installed. Upon receipt of a notice of termination, motor carriers

participating in the ADVANTAGE I-75 and HELP projects must immediately

remove the transponders from their vehicles.

VII. Report

ADVANTAGE I-75 and HELP shall provide separate reports describing

the transponder's installation and use within two years after the

effective date of the waiver. The reports shall include information

obtained from the drivers on the device's effect on visibility through

the windshield.

The FHWA has fully considered the information presented in the

request for waiver, engineering and other technical material reviewed

concerning requirements for visibility from vehicles, and the comments

received. The FHWA hereby concludes that the waiver is consistent with

the public interest and the safe operation of commercial motor

vehicles. Accordingly, the FHWA hereby grants the Commonwealth of

Kentucky and Heavy Vehicle Electronic License Plate, Inc., their

petition for a waiver from the requirements of 49 CFR 393.60(c).

Authority: 49 U.S.C. 31136, 31502; 49 CFR 1.48.

Issued on: February 21, 1995.

Rodney E. Slater,

Federal Highway Administrator.

[FR Doc. 95-5323 Filed 3-3-95; 8:45 am]

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