Parts and Accessories Necessary for Safe Operation: Television Receivers and Data Display Units

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR PART 393

[FHWA Docket No. MC-96-5]

RIN 2125-AD76

Parts and Accessories Necessary for Safe Operation: Television

Receivers and Data Display Units

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); request for comments.

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SUMMARY: The FHWA is proposing to rescind restrictions on the locations

at which television viewers or screens may be positioned within

commercial motor vehicles (CMVs). Under the President's Regulatory

Reinvention Initiative, the FHWA has reviewed the Federal Motor Carrier

Safety Regulations (FMCSRs) and believes the restrictions to be

obsolete and redundant. The unsafe behavior that the regulation is

intended to discourage is more effectively deterred through State

traffic laws concerning driver inattentiveness. Further, the current

regulation may have the unintended effect of discouraging the use of

certain Intelligent Transportation Systems (ITS)-related

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technologies such as collision- avoidance and traveler information

systems which could be used to improve safety and efficiency of CMV

operations.

DATES: Written comments must be received on or before June 3, 1996.

ADDRESSES: Submit written, signed comments to FHWA Docket No. MC-96-5,

Room 4232, HCC-10, Office of the Chief Counsel, Federal Highway

Administration, 400 Seventh Street, SW., Washington, D.C. 20590. All

comments received will be available for examination at the above

address from 8:30 a.m. to 3:30 p.m., e.t., Monday through Friday,

except Federal holidays. Those desiring notification of receipt of

comments must include a self-addressed, stamped postcard.

FOR FURTHER INFORMATION CONTACT: Mr. Larry W. Minor, Office of Motor

Carrier Research and Standards, HCS-10, (202) 366-4009; or Mr. Charles

E. Medalen, Office of the Chief Counsel, HCC-20, (202) 366-1354,

Federal Highway Administration, 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 January 3, 1951, after conferences with representatives of the

motor carrier industry to discuss the need for revisions to the Federal

Motor Carrier Safety Regulations (FMCSRs) and consultations with

Federal and State agencies, technical societies and other experts, the

Interstate Commerce Commission (ICC) published a comprehensive notice

of proposed rulemaking (NPRM) (16 FR 23).

The NPRM included a section on television receivers. The ICC

proposed that any commercial motor vehicle equipped with a television

viewer, screen or other means of visually receiving a television

broadcast be required to have the viewer or screen located at a point

to the rear of the driver's seat if the device is in the driver's

compartment. Further, the viewer or screen could not be visible to the

driver while the vehicle is being operated. The television controls

would have to be located so they could not be operated from the

driver's seat. The NPRM did not discuss this section, but the proposal

was apparently intended to prevent a potential problem from becoming a

reality. It is unlikely that any significant number of television

receivers had been installed in trucks by the early 1950's.

On May 15, 1952, the ICC published a final rule adopting the

proposed restrictions on television receivers, along with many other

new or revised regulations (17 FR 4422). The ICC report on the final

rule amounted to a preamble, but, like the NPRM, it failed to explain

why the television provision was necessary (54 M.C.C. 337, April 14,

1952). The regulation has not been amended since 1952.

Regulatory Reinvention

As part of the President's Regulatory Reinvention Initiative, the

FHWA has reviewed the FMCSRs and believes that Sec. 393.88 is obsolete

and redundant. At the time is was adopted, the ICC apparently believed

that the absence of a Federal requirement would tempt drivers or motor

carriers to install receivers that operators could watch while driving.

This concern has not been borne out, and was probably unrealistic even

in 1952. Television broadcasts are designed to be visually attractive

and therefore have an enormous potential to distract the driver. For

that very reason, however, motor carriers recognize the inherent safety

risks of allowing drivers to watch television while driving, which

would make them far more susceptible to accidents that could be avoided

by watching the road and other vehicles. There is no reason to believe

that Sec. 393.88 has any beneficial effect on the behavior of drivers

or motor carriers.

The behavior that Sec. 393.88 is intended to address, driver

inattentiveness, is effectively covered by State laws. Accidents

attributed to driver inattentiveness are generally cited by State

officials as a failure to maintain control of the vehicle, with a brief

description of the activity with which the driver was preoccupied.

Therefore, State's have a legal means to cite commercial motor vehicle

drivers for failing to pay attention to their driving tasks.

In addition to being obsolete, the regulation may have the

unintended effect of discouraging the use of certain ITS-related

technologies such as collision-avoidance and traveler information

systems which could be used to improve the safety and efficiency of CMV

operations. These systems may include the use of in-vehicle display

screens which provide real-time displays of areas of traffic

congestion, construction, and accidents on maps which may be viewed by

the driver while the vehicle is being operated. Some satellite

communications systems enable motor carriers to track CMVs en route to

a destination and to transmit written messages to drivers that appear

on video terminals in the cab. Also, some collision avoidance/warning

systems display video images of traffic around the CMV.

On November 17, 1993 (58 FR 60734, 60757), the FHWA published

regulatory guidance on the applicability of Sec. 393.88 to closed

circuit monitoring devices used as safety viewing systems to prevent

certain types of accidents between passenger cars and CMVs. The

regulatory guidance indicated that Sec. 393.88 is not applicable if the

system cannot receive television broadcasts or be used for the viewing

of video tapes.

More recently the FHWA has received a number of requests for

regulatory guidance on the applicability of Sec. 393.88 to other

configurations of display units that may be viewed by the driver while

the vehicle is being operated. Some of these systems have functions

which could be considered inconsistent with the intent of Sec. 393.88

in that the systems may be capable of displaying information or video

images that are not associated with collision avoidance or other ITS

concepts.

The FHWA believes that case-by-case regulatory guidance on the many

different configurations of in-cab video display systems would be

burdensome, confusing, and ineffective at ensuring safety. It would not

be in the best interest of the manufacturers of these systems, the

motor carrier industry, or the agency. Further, the regulatory guidance

process, if applied to each make and model of in-cab displays, would

become a de facto design approval program. Equipment manufacturers,

motor carriers, and CMV drivers are capable of working together to

design and develop in-cab information systems using the most cost-

effective technology and resources to facilitate improvements in the

safety and efficiency of CMV operations. The effectiveness of this

approach would be greatly enhanced by the removal of Sec. 393.88.

This rulemaking is not intended to encourage motor carriers to

install display screens for entertainment purposes or otherwise reduce

the safety of operation of commercial motor vehicles. Rather, it is the

intent of this rulemaking to eliminate a Federal regulation that does

not ensure a level of safety greater than that provided by State laws,

and to remove regulatory obstacles to the use of ITS-related

technologies.

Rulemaking Analyses and Notices

All comments received before the close of business on the comment

closing date indicated above will be

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considered and will be available for examination in the docket at the

above address. Comments received after the comment closing date will be

filed in the docket and will be considered to the extent practicable,

but the FHWA may issue a final rule at any time after the close of the

comment period. In addition to late comments, the FHWA will also

continue to file in the docket relevant information that becomes

available after the comment closing date, and interested persons should

continue to examine the docket for new material.

Executive Order 12866 (Regulatory Planning and Review) and DOT

Regulatory Policies and Procedures

The FHWA has considered the impacts of this document and has

determined that it is neither a significant rulemaking action within

the meaning of Executive Order 12866 nor a significant rulemaking under

the regulatory policies and procedures of the Department of

Transportation. The rulemaking would amend part 393 of the FMCSRs by

removing an obsolete regulation. It is anticipated that the economic

impact of this rulemaking will be minimal. Therefore, a full regulatory

evaluation is not required.

Regulatory Flexibility Act

In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-

612), the FHWA has evaluated the effects of this rule on small

entities. Based upon this evaluation, and for the reasons set forth in

the preceding paragraph, the FHWA certifies that this rule would not

have a significant economic impact on a substantial number of small

entities.

Executive Order 12612 (Federalism Assessment)

This action has been analyzed in accordance with the principles and

criteria contained in Executive Order 12612, and it has been determined

that this rule does not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

Executive Order 12372 (Intergovernmental Review)

Catalog of Domestic Assistance Program Number 20.217, Motor Carrier

Safety. The regulations implementing Executive Order 12372 regarding

intergovernmental consultation on Federal programs and activities apply

to this program.

Paperwork Reduction Act

This document does not contain information collection requirements

for the purposes of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501

et seq).

National Environmental Policy Act

The agency has analyzed this rulemaking for the purpose of the

National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and

has determined that this action would not have any effect on the

quality of the environment.

Regulation Identification Number

A regulation identification number (RIN) is assigned to each

regulatory action listed in the Unified Agenda of Federal Regulations.

The Regulatory Information Service Center publishes the Unified Agenda

in April and October of each year. The RIN contained in the heading of

this document can be used to cross reference this action with the

Unified Agenda.

List of Subjects in 49 CFR Part 393

Highway safety, Highways and roads, Motor carriers, Motor vehicle

safety.

Issued on: March 26, 1996.

Rodney E. Slater,

Federal Highway Administrator.

In consideration of the foregoing, the FHWA proposes to amend title

49, Code of Federal Regulations, subchapter B, chapter III, as follows:

PART 393--[AMENDED]

1. The authority citation for part 393 continues to read as

follows:

Authority: Section 1041(b) of Pub. L. 102-240, 105 Stat. 1914,

1993 (1991); 49 U.S.C. 31136 and 31502; 49 CFR 1.48.

Sec. 393.88 [Removed and Reserved]

2. Section 393.88 is removed and reserved.

[FR Doc. 96-8179 Filed 4-2-96; 8:45 am]

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