Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Navistar Inc., 16328-16330 [2019-07782]
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16328
Federal Register / Vol. 84, No. 75 / Thursday, April 18, 2019 / Notices
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range of 4 to 20 years. Although each
applicant has one eye that does not meet
the vision requirement in 49 CFR
391.41(b)(10), each has at least 20/40
corrected vision in the other eye, and,
in a doctor’s opinion, has sufficient
vision to perform all the tasks necessary
to operate a CMV.
Doctors’ opinions are supported by
the applicants’ possession of a valid
license to operate a CMV. By meeting
State licensing requirements, the
applicants demonstrated their ability to
operate a CMV with their limited vision
in intrastate commerce, even though
their vision disqualified them from
driving in interstate commerce. We
believe that the applicants’ intrastate
driving experience and history provide
an adequate basis for predicting their
ability to drive safely in interstate
commerce. Intrastate driving, like
interstate operations, involves
substantial driving on highways on the
interstate system and on other roads
built to interstate standards. Moreover,
driving in congested urban areas
exposes the driver to more pedestrian
and vehicular traffic than exists on
interstate highways. Faster reaction to
traffic and traffic signals is generally
required because distances between
them are more compact. These
conditions tax visual capacity and
driver response just as intensely as
interstate driving conditions.
The applicants in this notice have
driven CMVs with their limited vision
in careers ranging for 3 to 80 years. In
the past three years, no drivers were
involved in crashes, and two drivers
were convicted of moving violations in
CMVs. All the applicants achieved a
record of safety while driving with their
vision impairment that demonstrates the
likelihood that they have adapted their
driving skills to accommodate their
condition. As the applicants’ ample
driving histories with their vision
deficiencies are good predictors of
future performance, FMCSA concludes
their ability to drive safely can be
projected into the future.
Consequently, FMCSA finds that in
each case exempting these applicants
from the vision requirement in 49 CFR
391.41(b)(10) is likely to achieve a level
of safety equal to that existing without
the exemption.
V. Conditions and Requirements
The terms and conditions of the
exemption are provided to the
applicants in the exemption document
and includes the following: (1) Each
driver must be physically examined
every year (a) by an ophthalmologist or
optometrist who attests that the vision
in the better eye continues to meet the
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17:37 Apr 17, 2019
Jkt 247001
standard in 49 CFR 391.41(b)(10) and (b)
by a certified Medical Examiner who
attests that the individual is otherwise
physically qualified under 49 CFR
391.41; (2) each driver must provide a
copy of the ophthalmologist’s or
optometrist’s report to the Medical
Examiner at the time of the annual
medical examination; and (3) each
driver must provide a copy of the
annual medical certification to the
employer for retention in the driver’s
qualification file, or keep a copy in his/
her driver’s qualification file if he/she is
self-employed. The driver must also
have a copy of the exemption when
driving, for presentation to a duly
authorized Federal, State, or local
enforcement official.
VI. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
VII. Conclusion
Based upon its evaluation of the 12
exemption applications, FMCSA
exempts the following drivers from the
vision requirement, 49 CFR
391.41(b)(10), subject to the
requirements cited above:
Gary W. Brockway (IA)
Roger W. Estes (MO)
Gilbert J. Graybill (OK)
Richard D. Livingston, Jr. (WI)
Edgar H. Meraz Gardea (NM)
Joshua G. Millican (OH)
Daniel C. Reichert (GA)
Gregory D. Shirah (AL)
Balwant Singh (CA)
Tristan A. Twito (TX)
Michael L. Watters, Sr. (PA)
Dana J. York (PA)
In accordance with 49 U.S.C. 31136(e)
and 31315, each exemption will be valid
for two years from the effective date
unless revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained prior to being granted;
or (3) continuation of the exemption
would not be consistent with the goals
and objectives of 49 U.S.C. 31136 and
31315.
Issued on: April 11, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–07791 Filed 4–17–19; 8:45 am]
BILLING CODE 4910–EX–P
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0091]
Parts and Accessories Necessary for
Safe Operation; Application for an
Exemption From Navistar Inc.
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
The Federal Motor Carrier
Safety Administration (FMCSA)
requests public comment on an
application for exemption from Navistar
Inc. (Navistar) to allow its advanced
driver-assistance systems (ADAS) to be
mounted lower in the windshield on
Navistar’s commercial motor vehicles
(CMV) than is currently permitted.
DATES: Comments must be received on
or before May 20, 2019.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2019–0091 using any of the following
methods:
• Website: https://
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–
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 https://
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 https://
www.regulations.gov or to Room W12–
140, DOT Building, 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
SUMMARY:
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Federal Register / Vol. 84, No. 75 / Thursday, April 18, 2019 / Notices
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
Public participation: The https://
www.regulations.gov website is
generally available 24 hours each day,
365 days each year. You may find
electronic submission and retrieval help
and guidelines under the ‘‘help’’ section
of the https://www.regulations.gov
website as well as the DOT’s https://
docketsinfo.dot.gov website. If you
would like notification that we received
your comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgment
page that appears after submitting
comments online.
Mr.
Jose R. Cestero, Vehicle and Roadside
Operations Division, Office of Carrier,
Driver, and Vehicle Safety, MC–PSV,
(202) 366–5541, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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Background
Under 49 CFR 381.315(a), FMCSA
must publish a notice of each exemption
request in the Federal Register. 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 specify the
effective period of the exemption (up to
5 years) and explain the terms and
conditions of the exemption. The
exemption may be renewed (49 CFR
381.315(c) and 49 CFR 381.300(b)).
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17:37 Apr 17, 2019
Jkt 247001
Navistar’s Application for Exemption
The Federal Motor Carrier Safety
Regulations (FMCSR) require devices
meeting the definition of ‘‘vehicle safety
technology,’’ including Navistar’s
ADAS, to be mounted (1) not more than
4 inches below the upper edge of the
area swept by the windshield wipers, or
(2) 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. Navistar has
applied for an exemption from 49 CFR
393.60(e)(1) to allow its ADAS to be
mounted lower in the windshield than
is currently permitted. A copy of the
application is included in the docket
referenced at the beginning of this
notice. Because the ADAS will be
mounted outside of the driver’s normal
sight lines to all mirrors, Navistar
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.
Section 393.60(e)(1)(i) of the FMCSRs
prohibits the obstruction of the driver’s
field of view by devices mounted at the
top 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 § 390.5 as including ‘‘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.
In its application, Navistar states:
Navistar is making this request so operators
can operate commercial motor vehicles with
Navistar’s advanced driver-assistance
systems (ADAS) . . . These systems, like
many other similar systems for which
FMCSA has previously granted exemptions,
require that a camera be mounted on the
interior of the upper center area of the
windshield and in an area where the
windshield is swept by the windshield
wipers to provide a clear view of the roadway
ahead and any vehicles or obstacles that may
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16329
be in the path of the vehicle. Navistar’s
ADAS system currently includes features
such as enhanced rear-end collision
mitigation, adaptive cruise control along with
following distance alerts, stationary object
alerts, lane departure warning, alerts when
speeding, and automatic braking on
stationary vehicles.
The proposed exemption will increase
safety by providing these ADAS features on
Navistar commercial motor vehicles. The
exemption will also allow Navistar to enable
additional safety features in the future that
will provide further safety benefits such as
traffic sign recognition, active lane keeping,
and driver fatigue monitoring. This
exemption will become a critical enabler for
future technology such as Autonomous
Vehicles.
In the Navistar installation, the camera
housing is approximately 120 mm (4.72
inches) wide by 120 mm (4.72 inches) tall.
We propose to mount the camera such that
it is in the approximate center of the top of
the windshield and such that the bottom
edge of the camera housing is approximately
8 inches below the upper edge of the
windshield, outside of the driver’s and
passenger’s normal sight lines to the road
ahead, highway signs and signals, and all
mirrors. This location will allow for proper
installation (including connectors and cables)
for optimal functionality of the advanced
safety systems supported by the camera.
Navistar has created a CAD layout of a
typical Navistar conventional type truck to
verify that the safety device does not
significantly obstruct the FMVSS 104
Windshield Wiping and Washing Systems
specified zones A, B, or C . . . The
installation will not obstruct the C zone, and
only obstructs <1% of B zone, and
approximately 1.5% of the A zone.
Navistar has virtually evaluated the impact
of camera housings using digital human
modeling software, and there was no
noticeable obstruction to the normal sight
lines to the road ahead, highway signs,
signals, or any mirrors. Navistar has installed
prototype camera housings in several
Navistar commercial motor vehicles &
operated them in typical over-the-road
conditions during the past 6 months. All
drivers and passengers agreed that there was
no noticeable obstruction to the normal sight
lines to the road ahead, highway signs,
signals or any mirrors.
The exemption would apply to all
CMV operators driving Navistar vehicles
equipped with its ADAS mounted on
the windshield. Navistar believes that
mounting the system as described will
maintain a level of safety that is
equivalent to, or greater than, the level
of safety achieved without the
exemption.
Request for Comments
In accordance with 49 U.S.C. 31315
and 31136(e), FMCSA requests public
comment from all interested persons on
Navistar’s application for an exemption
from 49 CFR 393.60. All comments
received before the close of business on
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Federal Register / Vol. 84, No. 75 / Thursday, April 18, 2019 / Notices
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
section 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: April 11, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–07782 Filed 4–17–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0044]
Commercial Driver’s License: Ohio
Department of Public Safety;
Application for Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
FMCSA announces that it has
received an application from the Ohio
Department of Public Safety (DPS) for a
limited exemption from the Agency’s
commercial driver’s license (CDL)
regulations. The Ohio DPS requests an
exemption to modify the mandatory
skills test requirements for qualified
veterans who served in the military. The
Ohio DPS states that its goal is to
promote the opportunities for
experienced commercial motor vehicle
(CMV) operators who have served in the
military by reducing the regulatory
burden for obtaining a CDL. FMCSA
requests public comment on the Ohio
DPS’s application for exemption. In
addition, because the issue concerning
the Ohio DPS request could be
applicable in each of the States, FMCSA
requests public comment on whether
the exemption should cover all State
driver licensing agencies (SDLAs), if
granted.
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SUMMARY:
Comments must be received on
or before May 20, 2019.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System Number FMCSA–
DATES:
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17:37 Apr 17, 2019
Jkt 247001
2019–0044 by any of the following
methods:
• Federal Rulemaking Portal:
www.regulations.gov. See the Public
Participation and Request for Comments
section below for further information.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue SE,
between 9 a.m. and 5 p.m. E.T., Monday
through Friday, except Federal holidays.
• Fax: 1–202–493–2251.
Each submission must include the
Agency name and the docket number for
this notice. Note that DOT posts all
comments received without change to
www.regulations.gov, including any
personal information included in a
comment. Please see the Privacy Act
heading below.
Docket: For access to the docket to
read background documents or
comments, 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 FDMS is available
24 hours each day, 365 days each year.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Mr.
Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of
Carrier, Driver and Vehicle Safety
Standards; Telephone: 202–366–2722.
Email: MCPSD@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials.
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2019–0044), indicate
the specific section of this document to
which the comment applies, and
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Fmt 4703
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provide a reason for suggestions or
recommendations. You may submit
your comments and material online or
by fax, mail, or hand delivery, but
please use only one of these means.
FMCSA recommends that you include
your name and a mailing address, an
email address, or a phone number in the
body of your document so the Agency
can contact you if it has questions
regarding your submission.
To submit your comment online, go to
www.regulations.gov and put the docket
number, ‘‘FMCSA–2019–0044’’ in the
‘‘Keyword’’ box, and click ‘‘Search.’’
When the new screen appears, click on
‘‘Comment Now!’’ button and type your
comment into the text box in the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA
will consider all comments and material
received during the comment period
and may grant or not grant this
application based on your comments.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from certain Federal Motor Carrier
Safety Regulations (FMCSRs). 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)).
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Agencies
[Federal Register Volume 84, Number 75 (Thursday, April 18, 2019)]
[Notices]
[Pages 16328-16330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07782]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0091]
Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Navistar Inc.
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 Navistar
Inc. (Navistar) to allow its advanced driver-assistance systems (ADAS)
to be mounted lower in the windshield on Navistar's commercial motor
vehicles (CMV) than is currently permitted.
DATES: Comments must be received on or before May 20, 2019.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2019-0091 using any of the
following methods:
Website: https://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-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 https://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 https://www.regulations.gov or to Room W12-140,
DOT Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments
[[Page 16329]]
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Public participation: The https://www.regulations.gov website is
generally available 24 hours each day, 365 days each year. You may find
electronic submission and retrieval help and guidelines under the
``help'' section of the https://www.regulations.gov website as well as
the DOT's https://docketsinfo.dot.gov website. If you would like
notification that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment
page that appears after submitting comments online.
FOR FURTHER INFORMATION CONTACT: Mr. Jose R. Cestero, Vehicle and
Roadside Operations Division, Office of Carrier, Driver, and Vehicle
Safety, MC-PSV, (202) 366-5541, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Background
Under 49 CFR 381.315(a), FMCSA must publish a notice of each
exemption request in the Federal Register. 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 specify the effective period of the exemption
(up to 5 years) and explain the terms and conditions of the exemption.
The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)).
Navistar's Application for Exemption
The Federal Motor Carrier Safety Regulations (FMCSR) require
devices meeting the definition of ``vehicle safety technology,''
including Navistar's ADAS, to be mounted (1) not more than 4 inches
below the upper edge of the area swept by the windshield wipers, or (2)
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. Navistar has applied for an exemption from
49 CFR 393.60(e)(1) to allow its ADAS to be mounted lower in the
windshield than is currently permitted. A copy of the application is
included in the docket referenced at the beginning of this notice.
Because the ADAS will be mounted outside of the driver's normal sight
lines to all mirrors, Navistar 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.
Section 393.60(e)(1)(i) of the FMCSRs prohibits the obstruction of
the driver's field of view by devices mounted at the top 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 Sec. 390.5 as including ``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.
In its application, Navistar states:
Navistar is making this request so operators can operate
commercial motor vehicles with Navistar's advanced driver-assistance
systems (ADAS) . . . These systems, like many other similar systems
for which FMCSA has previously granted exemptions, require that a
camera be mounted on the interior of the upper center area of the
windshield and in an area where the windshield is swept by the
windshield wipers to provide a clear view of the roadway ahead and
any vehicles or obstacles that may be in the path of the vehicle.
Navistar's ADAS system currently includes features such as enhanced
rear-end collision mitigation, adaptive cruise control along with
following distance alerts, stationary object alerts, lane departure
warning, alerts when speeding, and automatic braking on stationary
vehicles.
The proposed exemption will increase safety by providing these
ADAS features on Navistar commercial motor vehicles. The exemption
will also allow Navistar to enable additional safety features in the
future that will provide further safety benefits such as traffic
sign recognition, active lane keeping, and driver fatigue
monitoring. This exemption will become a critical enabler for future
technology such as Autonomous Vehicles.
In the Navistar installation, the camera housing is
approximately 120 mm (4.72 inches) wide by 120 mm (4.72 inches)
tall. We propose to mount the camera such that it is in the
approximate center of the top of the windshield and such that the
bottom edge of the camera housing is approximately 8 inches below
the upper edge of the windshield, outside of the driver's and
passenger's normal sight lines to the road ahead, highway signs and
signals, and all mirrors. This location will allow for proper
installation (including connectors and cables) for optimal
functionality of the advanced safety systems supported by the
camera.
Navistar has created a CAD layout of a typical Navistar
conventional type truck to verify that the safety device does not
significantly obstruct the FMVSS 104 Windshield Wiping and Washing
Systems specified zones A, B, or C . . . The installation will not
obstruct the C zone, and only obstructs <1% of B zone, and
approximately 1.5% of the A zone.
Navistar has virtually evaluated the impact of camera housings
using digital human modeling software, and there was no noticeable
obstruction to the normal sight lines to the road ahead, highway
signs, signals, or any mirrors. Navistar has installed prototype
camera housings in several Navistar commercial motor vehicles &
operated them in typical over-the-road conditions during the past 6
months. All drivers and passengers agreed that there was no
noticeable obstruction to the normal sight lines to the road ahead,
highway signs, signals or any mirrors.
The exemption would apply to all CMV operators driving Navistar
vehicles equipped with its ADAS mounted on the windshield. Navistar
believes that mounting the system as described will maintain a level of
safety that is equivalent to, or greater than, the level of safety
achieved without the exemption.
Request for Comments
In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public comment from all interested persons on Navistar's application
for an exemption from 49 CFR 393.60. All comments received before the
close of business on
[[Page 16330]]
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 section 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: April 11, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-07782 Filed 4-17-19; 8:45 am]
BILLING CODE 4910-EX-P