Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Lytx Inc., 31021-31022 [2020-10971]

Download as PDF Federal Register / Vol. 85, No. 99 / Thursday, May 21, 2020 / Notices DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2019–0244] Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Lytx Inc. Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant the Lytx Inc. (Lytx) application for a limited fiveyear exemption to allow its advanced driver-assistance systems (ADAS) to be mounted lower in the windshield on commercial motor vehicles (CMV) than is currently permitted. The Agency has determined that lower placement of the ADAS 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. SUMMARY: This exemption is effective May 21, 2020 and ending May 18, 2025. 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. 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 online Federal document management system is available 24 hours a day, 365 days a year. The docket number is listed at the beginning of this notice. SUPPLEMENTARY INFORMATION: DATES: 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 (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 VerDate Sep<11>2014 17:18 May 20, 2020 Jkt 250001 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 (up to 5 years) and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). Lytx’s Application for Exemption Lytx 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 by the Agency’s regulations in order to utilize a mounting location that allows optimal functionality of the camera system. A copy of the application is included in the docket referenced at the beginning of this notice. Section 393.60(e)(1)(i) of the FMCSRs prohibits 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 must be outside the driver’s sight lines to the road and highway signs and signals. However, § 393.60(e)(1)(i) does not apply to vehicle safety technologies, as defined in § 390.5, that include ‘‘a fleetrelated incident management system, performance or behavior management system, speed management 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 (3) outside the driver’s sight lines to the road and highway signs and signals. In its application, Lytx states that it has expanded the functionality of its camera systems to include ADAS capabilities through its ‘‘Machine Vision PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 31021 & Artificial Intelligence’’ (MV+AI) platform. These capabilities now include the ability to provide forward collision warnings, following distance warnings, and lane departure warnings along with detection of stop signs and use of cell phones, seat belts, food and drink, smoking, etc. Lytx states that the proposed exemption will increase safety by providing these ADAS features on its clients’ CMVs. Lytx notes that it piloted the devices’ functionality, and found that there was no noticeable obstruction to the driver’s normal sightlines to the road ahead, highway signs and, signals, or any mirrors. The camera housing is approximately 127 mm (5 inches) wide by 108 mm (4.2 inches) tall, and will be mounted in the approximate center of the top of the windshield such that the bottom edge of the camera housing is approximately 204 mm (8 inches) below the upper edge of the windshield wipers, 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. Without the proposed exemption, Lytx states that its clients (1) will not be able to install these devices in an optimal location on the windshield to maximize the effectiveness of the ADAS safety features of the technology, and (2) could be fined for violating current regulations. The exemption would apply to all CMVs equipped with Lytx’s ADAS mounted on the windshield. Lytx 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. Comments FMCSA published a notice of the application in the Federal Register on December 3, 2019, and asked for public comment (84 FR 66271). The Agency received three comments, from the American Trucking Associations, the National Waste & Recycling Association, and the International Foodservice Distributors Association. Each organization supported the Lytx exemption application, and noted that granting it would (1) allow for increased use of the ADAS technologies in CMVs, (2) improve safety, and (3) be consistent with previous FMCSA actions granting exemptions for similarly-sized devices. E:\FR\FM\21MYN1.SGM 21MYN1 31022 Federal Register / Vol. 85, No. 99 / Thursday, May 21, 2020 / Notices FMCSA Decision FMCSA has evaluated the Lytx exemption application. The ADAS camera system housing is approximately 4.2 inches tall, and is mounted near the top of the center of the windshield, with the bottom of the camera housing located approximately 8 inches below the top of the area swept by the windshield wipers. The camera needs to be mounted in this location for optimal functionality of the ADAS system. The size of the camera system precludes mounting it (1) higher in the windshield, and (2) within 4 inches from the top of the area swept by the windshield wipers to comply with § 393.60(e)(1)(ii)(A). The Agency believes that granting the temporary exemption to allow placement of the ADAS lower than currently permitted by Agency 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 ADAS would obstruct drivers’ views of the roadway, highway signs and signals surrounding traffic; (2) generally, trucks and 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 mounting location 8 inches below the upper edge of the windshield and out of the driver’s normal sightline will be reasonable and enforceable at roadside. In addition, the Agency believes that use of ADAS by fleets is likely to improve the overall level of safety for the motoring public. This action is consistent with previous Agency action permitting the placement of similarly-sized devices 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 installation of other vehicle safety technologies mounted on the interior of the windshield has resulted in any degradation in safety. Terms and Conditions for the Exemption The Agency hereby grants the exemption for a 5-year period, beginning May 21, 2020 and ending May 18, 2025. During the temporary exemption period, motor carriers will be allowed to operate CMVs equipped with Lytx’s ADAS 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 VerDate Sep<11>2014 17:18 May 20, 2020 Jkt 250001 normal sight lines to the road ahead, highway signs and signals, and all mirrors. 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 CMVs equipped with Lytx’s ADAS 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 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. 31315(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. James A. Mullen, Acting Administrator. [FR Doc. 2020–10971 Filed 5–20–20; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration Notice To Rescind Notice of Intent To Prepare a Supplemental Draft Environmental Impact Statement for the Proposed Transit Improvements in the Eastside Transit Corridor Phase 2, Eastern Portion of Los Angeles County, California Federal Transit Administration (FTA), Department of Transportation (DOT). ACTION: Rescind Notice of Intent to prepare a Supplemental Draft Environmental Impact Statement. AGENCY: Transportation Authority (LACMTA) is issuing this notice to advise the public that the Notice of Intent (NOI) to prepare a Supplemental Draft Environmental Impact Statement (EIS) for the proposed Eastside Transit Corridor Phase 2 Project in eastern Los Angeles County, California is being rescinded. Ms. Mary Nguyen, Environmental Protection Specialist, Federal Transit, Administration Region 9, Los Angeles Office, 888 South Figueroa Street, Suite 440, Los Angeles, CA 90017–5467, Phone (213) 202–3960, email mary.nguyen@dot.gov. FOR FURTHER INFORMATION CONTACT: The FTA, as lead federal agency, and LACMTA published an NOI on May 29, 2019 (80 FR 24857) to prepare a Supplemental Draft EIS for the LACMTA Eastside Transit Corridor Phase 2 Project. The Project would extend the existing Metro (Gold) Line from its current terminus at Atlantic Station in the unincorporated area of East Los Angeles to eastern Los Angeles County to South El Monte via the State Route 60 freeway alignment, to Whittier along the Washington Boulevard alignment, or to both South El Monte and Whittier with the Combined Alternative. The Project would traverse densely populated, lowincome, and heavily transit-dependent communities with major activity centers within the Gateway Cities and San Gabriel Valley subregions of Los Angeles County. Following the publication of the NOI, LACMTA reevaluated its funding sources and has identified that the Project can be funded through state and local sources. Thus, LACMTA is not seeking federal funding from FTA at this time, and FTA is rescinding the May 29, 2019 NOI. LACMTA Board of Directors took action at its February 27, 2020 Board meeting to proceed with the California Environmental Quality Act (CEQA) only for the Project’s environmental study. Comments and questions concerning the proposed action should be directed to FTA at the address provided above. SUPPLEMENTARY INFORMATION: Raymond Tellis, Regional Administrator, FTA Region 9. [FR Doc. 2020–10918 Filed 5–20–20; 8:45 am] BILLING CODE P The FTA in cooperation with the Los Angeles County Metropolitan SUMMARY: PO 00000 Frm 00098 Fmt 4703 Sfmt 9990 E:\FR\FM\21MYN1.SGM 21MYN1

Agencies

[Federal Register Volume 85, Number 99 (Thursday, May 21, 2020)]
[Notices]
[Pages 31021-31022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10971]



[[Page 31021]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0244]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Lytx Inc.

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

-----------------------------------------------------------------------

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
announces its decision to grant the Lytx Inc. (Lytx) application for a 
limited five-year exemption to allow its advanced driver-assistance 
systems (ADAS) to be mounted lower in the windshield on commercial 
motor vehicles (CMV) than is currently permitted. The Agency has 
determined that lower placement of the ADAS 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.

DATES: This exemption is effective May 21, 2020 and ending May 18, 
2025.

FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] 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.
    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 online Federal document 
management system is available 24 hours a day, 365 days a 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 (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 (up to 5 
years) and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

Lytx's Application for Exemption

    Lytx 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 
by the Agency's regulations in order to utilize a mounting location 
that allows optimal functionality of the camera system. A copy of the 
application is included in the docket referenced at the beginning of 
this notice.
    Section 393.60(e)(1)(i) of the FMCSRs prohibits 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 must be outside the 
driver's sight lines to the road and highway signs and signals. 
However, Sec.  393.60(e)(1)(i) does not apply to vehicle safety 
technologies, as defined in Sec.  390.5, that include ``a fleet-related 
incident management system, performance or behavior management system, 
speed management 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 (3) outside the driver's sight lines to the road and 
highway signs and signals.
    In its application, Lytx states that it has expanded the 
functionality of its camera systems to include ADAS capabilities 
through its ``Machine Vision & Artificial Intelligence'' (MV+AI) 
platform. These capabilities now include the ability to provide forward 
collision warnings, following distance warnings, and lane departure 
warnings along with detection of stop signs and use of cell phones, 
seat belts, food and drink, smoking, etc. Lytx states that the proposed 
exemption will increase safety by providing these ADAS features on its 
clients' CMVs. Lytx notes that it piloted the devices' functionality, 
and found that there was no noticeable obstruction to the driver's 
normal sightlines to the road ahead, highway signs and, signals, or any 
mirrors.
    The camera housing is approximately 127 mm (5 inches) wide by 108 
mm (4.2 inches) tall, and will be mounted in the approximate center of 
the top of the windshield such that the bottom edge of the camera 
housing is approximately 204 mm (8 inches) below the upper edge of the 
windshield wipers, 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.
    Without the proposed exemption, Lytx states that its clients (1) 
will not be able to install these devices in an optimal location on the 
windshield to maximize the effectiveness of the ADAS safety features of 
the technology, and (2) could be fined for violating current 
regulations. The exemption would apply to all CMVs equipped with Lytx's 
ADAS mounted on the windshield. Lytx 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.

Comments

    FMCSA published a notice of the application in the Federal Register 
on December 3, 2019, and asked for public comment (84 FR 66271).
    The Agency received three comments, from the American Trucking 
Associations, the National Waste & Recycling Association, and the 
International Foodservice Distributors Association. Each organization 
supported the Lytx exemption application, and noted that granting it 
would (1) allow for increased use of the ADAS technologies in CMVs, (2) 
improve safety, and (3) be consistent with previous FMCSA actions 
granting exemptions for similarly-sized devices.

[[Page 31022]]

FMCSA Decision

    FMCSA has evaluated the Lytx exemption application. The ADAS camera 
system housing is approximately 4.2 inches tall, and is mounted near 
the top of the center of the windshield, with the bottom of the camera 
housing located approximately 8 inches below the top of the area swept 
by the windshield wipers. The camera needs to be mounted in this 
location for optimal functionality of the ADAS system. The size of the 
camera system precludes mounting it (1) higher in the windshield, and 
(2) within 4 inches from the top of the area swept by the windshield 
wipers to comply with Sec.  393.60(e)(1)(ii)(A).
    The Agency believes that granting the temporary exemption to allow 
placement of the ADAS lower than currently permitted by Agency 
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 ADAS would obstruct drivers' views of the roadway, 
highway signs and signals surrounding traffic; (2) generally, trucks 
and 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 mounting location 8 inches 
below the upper edge of the windshield and out of the driver's normal 
sightline will be reasonable and enforceable at roadside. In addition, 
the Agency believes that use of ADAS by fleets is likely to improve the 
overall level of safety for the motoring public.
    This action is consistent with previous Agency action permitting 
the placement of similarly-sized devices 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 installation of other vehicle safety 
technologies mounted on the interior of the windshield has resulted in 
any degradation in safety.

Terms and Conditions for the Exemption

    The Agency hereby grants the exemption for a 5-year period, 
beginning May 21, 2020 and ending May 18, 2025. During the temporary 
exemption period, motor carriers will be allowed to operate CMVs 
equipped with Lytx's ADAS 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. 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 CMVs equipped with Lytx's ADAS 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 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. 31315(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.

James A. Mullen,
Acting Administrator.
[FR Doc. 2020-10971 Filed 5-20-20; 8:45 am]
 BILLING CODE 4910-EX-P