Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices 13461 

Prevost states that if the exemption is 

granted, it ‘‘will be able to install the 

LDW camera system in a location which 

will offer the best opportunity to 

optimize the data and evaluate the 

benefits of such a system.’’ 

Comments 

FMCSA published a notice of the 

application in the Federal Register on 

December 18, 2013, and asked for public 

comment (78 FR 76702). 

The Agency received one comment, 

from Greyhound Lines, Inc. 

(Greyhound). Greyhound stated that it 

‘‘has a substantial number of 

motorcoaches manufactured by Prevost 

in its fleet and has been an industry 

leader in adding innovative safety 

equipment to its motorcoaches.’’ 

Greyhound strongly supports the 

granting of the exemption, stating that it 

‘‘believes that the lane departure 

warning (LDW) system that Prevost 

plans to install on its motorcoaches can 

be a useful tool for enhancing 

motorcoach safety if properly installed,’’ 

and agreed with Volvo/Prevost’s 

assertion that ‘‘the camera must be 

installed in the wiper swept area of [the] 

windshield for the system to perform 

correctly because it must have a clear 

forward facing view of the road.’’ 

Greyhound agreed that installation of 

the LDW camera within the bottom 7 

inches of the wiper swept area ‘‘will 

maximize its effectiveness as a safety 

tool while not impeding the driver’s 

sight lines.’’ 

FMCSA Decision 

The FMCSA has evaluated the Volvo/ 

Prevost exemption application. The 

Agency believes that granting the 

temporary exemption to allow the 

placement of LDW systems lower in the 

windshield than is currently permitted 

by the Agency’s regulations 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 

LDW systems would obstruct drivers’ 

views of the roadway, highway signs 

and surrounding traffic; (2) generally, 

buses have an elevated seating position 

that greatly improves the forward visual 

field of the driver, and any impairment 

of available sight lines would be 

minimal; and (3) the location within the 

bottom seven inches of the area swept 

by the windshield wiper and out of the 

driver’s normal sightline will be 

reasonable and enforceable at roadside. 

In addition, the Agency believes that the 

use of LDW systems by fleets is likely 

to improve the overall level of safety to 

the motoring public. 

This action is consistent with 

previous Agency actions permitting the 

placement of LDW systems on CMVs 

within the swept area of the windshield 

wipers. In November 2011, FMCSA 

granted temporary exemptions to Conway, Takata, and Iteris enabling the 

mounting of LDW system sensors not 

more than 2 inches below the upper 

edge of the area swept by the 

windshield wipers and outside the 

driver’s sight lines to the road and 

highway signs and signals. The Agency 

recently renewed these exemptions for a 

second 2-year period, as FMCSA is not 

aware of any evidence showing that the 

installation of the devices has resulted 

in any degradation in safety. Further, 

while the original exemption granted 

relief to motor carriers using only the 

Takata and Iteris LDW systems, the 

Agency determined that it was 

appropriate to extend the scope of the 

exemption to motor carriers using any 

LDW system, given that FMCSA is 

unaware of any reduction in the level of 

safety associated with the use of those 

systems. 

However, the provisions of that 

exemption cannot apply to the Volvo/

Prevost application, as the requested 

mounting location for the Volvo/Prevost 

LDW system is at the lower portion of 

the windshield, within the bottom 7 

inches of the wiper swept area, as 

opposed to the mounting location 

permitted by the other exemption, 

which is not more than 2 inches below 

the upper edge of the area swept by the 

windshield wipers. Notwithstanding the 

different mounting location, and for the 

reasons discussed above, FMCSA 

believes that allowing the placement of 

LDW systems in the lower portion of the 

windshield, within the swept area of the 

wipers, will provide a level of safety 

that is equivalent to, or greater than the 

level of safety achieved without the 

exemption. FMCSA continues to believe 

that the potential safety gains from the 

use of LDW systems to improve driver 

performance will improve the overall 

level of safety to the motoring public. 

Terms and Conditions for the 

Exemption 

The Agency hereby grants the 

exemption for a two-year period, 

beginning March 13, 2015 and ending 

March 13, 2017. During the temporary 

exemption period, motor carriers 

operating motorcoaches manufactured 

by Volvo/Prevost must ensure that the 

LDW systems are mounted 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. The exemption will be valid for 

two years unless rescinded earlier by 

FMCSA. The exemption will be 

rescinded if: (1) Motor carriers operating 

motorcoaches manufactured by Volvo/

Prevost 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 

motorcoaches manufactured by Volvo/

Prevost 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 

During the period the exemption is in 

effect, no State shall enforce any law or 

regulation that conflicts with or is 

inconsistent with this exemption with 

respect to a person operating under the 

exemption. 

Issued on: March 2, 2015. 

T. F. Scott Darling, III, 

Acting Administrator. 

[FR Doc. 2015–05634 Filed 3–12–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on South Mountain Freeway (Loop 

202), Interstate 10 (Papago Freeway) to 

Interstate 10 (Maricopa Freeway) in 

Phoenix, AZ 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (DOT). 

ACTION: Notice of Availability of the 

Record of Decision (ROD) for the South 

Mountain Freeway project; and Notice 

of limitation on claims for judicial 

review of actions by FHWA and other 

Federal Agencies. 

SUMMARY: In accordance with the 

National Environmental Policy Act 

(NEPA) and FHWA procedures, this 

notice announces the availability of the 

ROD regarding the South Mountain 

Freeway project in Phoenix, AZ. The 

Arizona Division Administrator signed 

the ROD on March 5, 2015. 

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13462 Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices 

In addition, this notice announces 

actions taken by FHWA and other 

Federal agencies that are final within 

the meaning of 23 U.S.C. 139(l)(1). The 

actions relate to the design and 

construction of the Selected Alternative 

for the South Mountain Freeway project. 

Those actions grant licenses, permits, 

and approvals for the project. 

DATES: By this notice, FHWA is advising 

the public of final agency actions 

subject to 23 U.S.C. 139(l)(1). A claim 

seeking judicial review of the Federal 

agency actions on the highway project 

will be barred unless the claim is filed 

on or before August 10, 2015. If the 

Federal law that authorizes judicial 

review of a claim provides a time period 

of less than 150 days for filing such 

claim, then that shorter time period still 

applies. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Alan Hansen, Team Leader Planning, 

Environment, Air Quality, and Realty 

Team, Federal Highway Administration, 

4000 N. Central Avenue, Suite 1500, 

Phoenix, Arizona 85012–3500; 

telephone: (602) 379–3646, fax: (602) 

382–8998, email: Alan.Hansen@dot.gov. 

The FHWA Arizona Division Office’s 

normal business hours are 7:30 a.m. to 

4 p.m. (Mountain Standard Time). 

You may also contact: Ms. Rebecca 

Yedlin, Environmental Coordinator, 

Federal Highway Administration, 4000 

N. Central Avenue, Suite 1500, Phoenix, 

Arizona 85012–3500; telephone: (602) 

379–3646, fax: (602) 382–8998, email: 

Rebecca.Yedlin@dot.gov. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that FHWA and other 

Federal agencies have taken final agency 

actions by issuing licenses, permits, and 

approvals for the following project in 

the State of Arizona: South Mountain 

Freeway (Loop 202), Interstate 10 

(Papago Freeway) to Interstate 10 

(Maricopa Freeway). The FHWA has 

decided to identify the Preferred 

Alternative analyzed in the South 

Mountain Freeway (Loop 202) Final 

Environmental Impact Statement and 

Section 4(f) Evaluation (FEIS) as the 

Selected Alternative for the South 

Mountain Freeway project in Phoenix, 

Arizona, and to proceed with its 

construction. The Selected Alternative 

discussed in the ROD for the project is 

the environmentally preferable 

alternative. The Selected Alternative 

will meet the project needs as well as or 

better than the other alternatives, and 

was determined to be the only prudent 

and feasible alternative in the eastern 

project area during the Section 4(f) 

evaluation. The Selected Alternative 

will have similar environmental effects 

on natural resources, cultural resources, 

hazardous materials, and noise; will 

displace fewer residences; will have the 

lowest impact on total tax revenues of 

local governments; will have lower 

construction costs; will cause less 

construction disruption overall to 

Interstate 10 (Papago Freeway); will 

mitigate impacts and provide measures 

to minimize harm; represents all 

possible planning to minimize harm to 

resources receiving protection under 

Section 4(f); is favored by the majority 

of local governments; and will allow 

regulatory permitting requirements to be 

met. 

The actions by the Federal agencies, 

and the laws under which such actions 

were taken, are described in the Draft 

Environmental Impact Statement 

approved April 16, 2013, FEIS for the 

project, approved on September 18, 

2014, in the FHWA ROD issued on 

March 5, 2015, and in other documents 

in the FHWA administrative record. 

Project decision documents are also 

available online at: azdot.gov/

southmountainfreeway. 

This notice applies to all Federal 

agency decisions as of the issuance date 

of this notice and all laws under which 

such actions were taken, including but 

not limited to: 

1. General: National Environmental 

Policy Act (NEPA) [42 U.S.C. 4321– 

4351]; Federal-Aid Highway Act [23 

U.S.C. 109]. 

2. Air: Clean Air Act [42 U.S.C. 7401– 

7671(q)]. 

3. Land: Section 4(f) of the US 

Department of Transportation Act of 

1966 [49 U.S.C. 303]; Landscaping and 

Scenic Enhancement (Wildflowers) [23 

U.S.C. 319]. 

4. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544 and Section 

1536], Marine Mammal Protection Act 

[16 U.S.C. 1361], Fish and Wildlife 

Coordination Act [16 U.S.C. 661– 

667(d)], Migratory Bird Treaty Act [16 

U.S.C. 703–712]. 

5. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act of 1966, as amended 

[16 U.S.C. 470(f) et seq.]; Archeological 

Resources Protection Act of 1977 [16 

U.S.C. 470(aa)–11]; Archeological and 

Historic Preservation Act [16 U.S.C. 

469–469(c)]; Native American Grave 

Protection and Repatriation Act 

(NAGPRA) [25 U.S.C. 3001–3013]. 

6. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

2000(d)(1)]; American Indian Religious 

Freedom Act [42 U.S.C. 1996]; Farmland 

Protection Policy Act (FPPA) [7 U.S.C. 

4201–4209]. 

7. Wetlands and Water Resources: 

Land and Water Conservation Fund 

(LWCF) [16 U.S.C. 4601–4604]; Safe 

Drinking Water Act (SDWA) [42 U.S.C. 

300(f)–300(j)(6)]; Rivers and Harbors Act 

of 1899 [33 U.S.C. 401–406]; Wild and 

Scenic Rivers Act [16 U.S.C. 1271– 

1287]; Emergency Wetlands Resources 

Act [16 U.S.C. 3921, 3931]; Flood 

Disaster Protection Act [42 U.S.C. 4001– 

4128]. 

8. Water: Clean Water Act 33 U.S.C. 

1251–1387. 

9. Executive Orders: E.O. 11990 

Protection of Wetlands; E.O. 11988 

Floodplain Management; E.O. 12898, 

Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low Income 

Populations; E.O. 11593 Protection and 

Enhancement of Cultural Resources; 

E.O. 13007 Indian Sacred Sites; E.O. 

13287 Preserve America; E.O. 13175 

Consultation and Coordination with 

Indian Tribal Governments; E.O. 11514 

Protection and Enhancement of 

Environmental Quality; E.O. 13112 

Invasive Species. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.) 

Authority: 23 U.S.C. 139(l)(1). 

Issued on: March 9, 2015. 

Karla S. Petty, 

Arizona Division Administrator, Phoenix, 

Arizona. 

[FR Doc. 2015–05769 Filed 3–12–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2015–0015] 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

this document provides the public 

notice that by a document dated 

February 16, 2015, Sonoma-Marin Area 

Rail Transit District (SMART) has 

petitioned the Federal Railroad 

Administration (FRA) for a waiver of 

compliance from certain provisions of 

the Federal railroad safety regulations 

contained at 49 CFR part 236, Rules, 

Standards, and Instructions Governing 

the Installation, Inspection, 

Maintenance and Repair of Signal and 

Train Control Systems, Devices, and 

Appliances. FRA assigned the petition 

Docket Number FRA–2015–0015. 

Specifically, SMART seeks temporary 

relief from the requirements of 49 CFR 

236.0, Applicability, minimum 

mstockstill on DSK4VPTVN1PROD with NOTICES