Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Samsara Networks Inc., 68409-68411 [2020-23894]

Download as PDF Federal Register / Vol. 85, No. 209 / Wednesday, October 28, 2020 / Notices and 5 p.m., ET, Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366–9317 or (202) 366–9826 before visiting Dockets Operations. B. 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.transportation.gov/privacy. II. Background FMCSA received applications from 36 individuals who requested an exemption from the vision standard in the FMCSRs. FMCSA has evaluated the eligibility of these applicants and concluded that granting these exemptions would not provide a level of safety that would be equivalent to, or greater than, the level of safety that would be obtained by complying with § 391.41(b)(10). jbell on DSKJLSW7X2PROD with NOTICES III. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption from the FMCSRs for no longer than a 5-year period if it finds such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. FMCSA grants exemptions from the FMCSRs for a 2-year period to align with the maximum duration of a driver’s medical certification. The Agency’s decision regarding these exemption applications is based on medical reports about the applicants’ vision, as well as their driving records and experience driving with the vision deficiency. IV. Conclusion The Agency has determined that these applicants do not satisfy the eligibility criteria or meet the terms and conditions of the Federal exemption and granting these exemptions would not provide a level of safety that would be equivalent to, or greater than, the level of safety that would be obtained by complying with § 391.41(b)(10). Therefore, the 36 applicants in this notice have been denied exemptions from the physical qualification standards in § 391.41(b)(10). Each applicant has, prior to this notice, received a letter of final disposition regarding his/her exemption request. Those decision letters fully VerDate Sep<11>2014 18:29 Oct 27, 2020 Jkt 253001 outlined the basis for the denial and constitute final action by the Agency. This notice summarizes the Agency’s recent denials as required under 49 U.S.C. 31315(b)(4) by periodically publishing names and reasons for denial. The following 19 applicants had no experience operating a CMV: Stanley F. Ahlfield (IL) James E. Aldrich (NM) Wynton D. Blake (OH) Benjamin Boyles (WV) Larry W. Brown (AL) Mitulkumar A. Chaudhari (WY) Robert Cullen (NJ) David C. Finn (TN) Charles G. Hicks (GA) Luther S. Horne (NC) Nick Hughes (MD) Felix C. Lopez (TX) Shokrukh Mamadaliev (FL) Steven G. Moore (CA) Thomas W. Nugent (TX) Kevin R. Sautter (MD) Bobby T. Stevens (KY) James Thompson (ID) Akeem T. Williams (PA) The following six applicants did not have 3 years of experience driving a CMV on public highways with their vision deficiencies: Lesle Barber (GA) Jorge Delgado (TX) Owen R. Dossett (AL) Austin J. Ortiz (MN) Marcel L. Paul (WA) Ethan T. Wheeler (KY) The following two applicants did not have 3 years of recent experience driving a CMV on public highways with their vision deficiencies: Thomas E. Price (OH) and Joe R. Wells (PA) The following four applicants did not have sufficient driving experience over the past 3 years under normal highway operating conditions (gaps in driving record): Philip S. Crews (NC) Mark Kupke (WY) Scott M. McDonnell (TX) Jovan Popovic (IL) The following two applicants did not have an optometrist or ophthalmologist willing to make a statement that they are able to operate a commercial vehicle from a vision standpoint: Seth M. Cross (OR) and Gary Wright (TX) The following three applicants were denied for multiple reasons: Jarrie L. King (Al); John Mulrooney (FL); and Brandon R. Stacey (MD). Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2020–23805 Filed 10–27–20; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 68409 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2020–0112] Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Samsara Networks 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 Samsara Networks, Inc. (Samsara) application for a limited 5-year exemption to allow its AI Dash Cam device 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 AI Dash Cam device would not have an adverse impact on safety and that adherence to the terms and conditions of the exemption would likely achieve a level of safety equivalent to, or greater than, the level of safety provided by the regulation. SUMMARY: This exemption is effective October 28, 2020 and ending October 28, 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. To be sure someone is there to help you, please call (202) 366–9317 or (202) 366– 9826 before visiting Docket Operations. The online Federal document management system is available 24 hours each day, 365 days each 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 E:\FR\FM\28OCN1.SGM 28OCN1 68410 Federal Register / Vol. 85, No. 209 / Wednesday, October 28, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES 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)). Samsara’s Application for Exemption Samsara applied for an exemption from 49 CFR 393.60(e)(1) to allow its AI Dash Cam device to be mounted lower in the windshield than is currently permitted by the Agency’s regulations to utilize a mounting location that allows optimal functionality of the AI Dash Cam device. 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 § 393.5, 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 VerDate Sep<11>2014 18:29 Oct 27, 2020 Jkt 253001 windshield wipers, and (3) outside the driver’s sight lines to the road and highway signs and signals. In its application, Samsara states: The Samsara AI Dash Cam analyzes the road and driver behavior in real time to detect and alert drivers to road signs, collisions, near-misses, distracted driving events and high-risk driving behavior, improving overall road and driver safety. This product is an integral part of Samsara’s comprehensive safety platform for vehicle fleets. The device housing is approximately 4.2 inches wide (108 mm) by 2.4 inches tall (61 mm) and will be mounted in the approximate center of the windshield with the bottom edge of the device housing approximately 8 inches (204 mm) below the upper edge of the area swept by the windshield wipers. The device is mounted outside of the driver’s and passenger’s normal sight lines to the road ahead, signs, signals, and mirrors. This location will allow for the optimal functionality of the advanced safety systems supported by the device while not obstructing the driver’s or passenger’s normal sightline views. Samsara notes that as a result of driver and passenger pilot tests conducted internally and with customers, it has determined that there is no noticeable obstruction of normal sight lines to the road ahead, highway signs, signals or any mirrors from installation of the AI Dash Cam within approximately 8 inches below the upper edge of the area swept by the windshield wipers. Instead, Samsara contends that use of the AI Dash Cam enhances safety because of its ability to analyze road and driver behavior in real time to detect and alert drivers to road signs, collisions, near-misses, distracted driving events and high-risk driving behavior. The exemption would apply to all CMVs equipped with Samsara AI Dash Cam device mounted on the windshield. Samsara states that ‘‘Without the exemption, Samsara customers may not be able to install their Samsara AI Dash Cams in an optimal location on the windshield to maximize the effectiveness of the safety features of the Samsara technology.’’ Samsara 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 April 13, 2020, and asked for public comment (85 FR 20564). The Agency received no comments on the exemption application. PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 FMCSA Decision FMCSA has evaluated the Samsara exemption application. Samsara’s AI Dash Cam device is mounted approximately 8 inches below the top of the area swept by the windshield wipers. The device needs to be mounted in this location to ensure optimal functionality of the advanced safety systems supported by the device. The Agency believes that granting the temporary exemption to allow placement of the AI Dash Cam device lower than currently permitted by Agency regulations will likely 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 multi-sensor device would obstruct drivers’ views of the roadway, highway signs, and 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 the use of the AI Dash Cam device by fleets is likely to improve the overall level of safety to 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 the 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 October 28, 2020 and ending October 28, 2025. During the temporary exemption period, motor carriers will be allowed to operate CMVs equipped with Samsara’s AI Dash Cam device in the approximate center of the top of the windshield and such that the bottom edge of the AI Dash Cam device is approximately 8 inches below the upper edge of the area swept by 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. The exemption will be valid for 5 years unless rescinded earlier by FMCSA. The E:\FR\FM\28OCN1.SGM 28OCN1 Federal Register / Vol. 85, No. 209 / Wednesday, October 28, 2020 / Notices 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 Samsara’s multi-sensor device 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 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 W. Deck, Deputy Administrator. [FR Doc. 2020–23894 Filed 10–27–20; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [FTA Docket No. FTA 2020–0010] Agency Information Collection Activity Under OMB Review AGENCY: Federal Transit Administration, DOT. ACTION: Notice of request for comments. In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Requirements (ICRs) abstracted below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describe the nature of the information collection and their expected burdens. DATES: Comments must be submitted on or before November 27, 2020. jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:29 Oct 27, 2020 Jkt 253001 Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. Comments are Invited On: Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department’s estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. A comment to OMB is best assured of having its full effect if OMB receives it within 30 days of publication of this notice in the Federal Register. FOR FURTHER INFORMATION CONTACT: Tia Swain, Office of Administration, Management Planning Division, 1200 New Jersey Avenue SE, Mail Stop TAD– 10, Washington, DC 20590 (202) 366– 0354 or tia.swain@dot.gov. SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), Public Law 104–13, Section 2, 109 Stat. 163 (1995) (codified as revised at 44 U.S.C. 3501–3520), and its implementing regulations, 5 CFR part 1320, require Federal agencies to issue two notices seeking public comment on information collection activities before OMB may approve paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1), 1320.12. On October 18, 2019, FTA published a 60-day notice (84 FR 56012) in the Federal Register soliciting comments on the ICR that the agency was seeking OMB approval. FTA received no comments after issuing this 60-day notice. Accordingly, DOT announces that these information collection activities have been reevaluated and certified under 5 CFR 1320.5(a) and forwarded to OMB for review and approval pursuant to 5 CFR 1320.12(c). Before OMB decides whether to approve these proposed collections of information, it must provide 30 days for public comment. 44 U.S.C. 3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or disapprove paperwork packages between 30 and 60 days after the 30-day notice is published. 44 U.S.C. 3507 (b)–(c); 5 CFR ADDRESSES: PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 68411 1320.12(d); see also 60 FR 44978, 44983, Aug. 29, 1995. OMB believes that the 30-day notice informs the regulated community to file relevant comments and affords the agency adequate time to digest public comments before it renders a decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should submit their respective comments to OMB within 30 days of publication to best ensure having their full effect. 5 CFR 1320.12(c); see also 60 FR 44983, Aug. 29, 1995. The summaries below describe the nature of the information collection requirements (ICRs) and the expected burden. The requirements are being submitted for clearance by OMB as required by the PRA. Title: Charter Service Operations. OMB Control Number: 2132–0543. Type of Request: Renewal of a previously approved information collection. Abstract: FTA recipients may only provide charter bus service with FTAfunded facilities and equipment if the charter service is incidental to the provision of transit service (49 U.S.C. 5323(d)). This restriction protects charter service providers from unauthorized competition by FTA recipients. The requirements of 49 U.S.C. 5323(d) are implemented in FTA’s charter regulation (Charter Service Rule) at 49 CFR part 604. Amended in 2008, the Charter Service Rule now contains five (5) provisions that impose information collection requirements on FTA recipients of financial assistance from FTA under Federal Transit Law. First, 49 CFR Section 604.4 requires all applicants for Federal financial assistance under Federal Transit Law, unless otherwise exempted under 49 CFR 604.2, to enter into a ‘‘Charter Service Agreement,’’ contained in the Certifications and Assurances for FTA Assistance Programs. The Certifications and Assurances become a part of the Grant Agreement or Cooperative Agreement for Federal financial assistance upon receipt of Federal funds. The rule requires each applicant to submit one Charter Service Agreement for each year that the applicant intends to apply for the Federal financial assistance specified above. Second, 49 CFR 604.14(3) requires a recipient of Federal funds under Federal Transit Law, unless otherwise exempt, to provide email notification to all registered charter providers in the recipient’s geographic service area each time the recipient receives a request for charter service that the recipient is interested in providing. E:\FR\FM\28OCN1.SGM 28OCN1

Agencies

[Federal Register Volume 85, Number 209 (Wednesday, October 28, 2020)]
[Notices]
[Pages 68409-68411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23894]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0112]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Samsara Networks 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 Samsara Networks, Inc. (Samsara) 
application for a limited 5-year exemption to allow its AI Dash Cam 
device 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 AI Dash Cam device would not have an 
adverse impact on safety and that adherence to the terms and conditions 
of the exemption would likely achieve a level of safety equivalent to, 
or greater than, the level of safety provided by the regulation.

DATES: This exemption is effective October 28, 2020 and ending October 
28, 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. To be sure someone is there to 
help you, please call (202) 366-9317 or (202) 366-9826 before visiting 
Docket Operations. The online Federal document management system is 
available 24 hours each day, 365 days each 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

[[Page 68410]]

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)).

Samsara's Application for Exemption

    Samsara applied for an exemption from 49 CFR 393.60(e)(1) to allow 
its AI Dash Cam device to be mounted lower in the windshield than is 
currently permitted by the Agency's regulations to utilize a mounting 
location that allows optimal functionality of the AI Dash Cam device. 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.  393.5, 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, Samsara states:

    The Samsara AI Dash Cam analyzes the road and driver behavior in 
real time to detect and alert drivers to road signs, collisions, 
near-misses, distracted driving events and high-risk driving 
behavior, improving overall road and driver safety. This product is 
an integral part of Samsara's comprehensive safety platform for 
vehicle fleets. The device housing is approximately 4.2 inches wide 
(108 mm) by 2.4 inches tall (61 mm) and will be mounted in the 
approximate center of the windshield with the bottom edge of the 
device housing approximately 8 inches (204 mm) below the upper edge 
of the area swept by the windshield wipers. The device is mounted 
outside of the driver's and passenger's normal sight lines to the 
road ahead, signs, signals, and mirrors. This location will allow 
for the optimal functionality of the advanced safety systems 
supported by the device while not obstructing the driver's or 
passenger's normal sightline views.

    Samsara notes that as a result of driver and passenger pilot tests 
conducted internally and with customers, it has determined that there 
is no noticeable obstruction of normal sight lines to the road ahead, 
highway signs, signals or any mirrors from installation of the AI Dash 
Cam within approximately 8 inches below the upper edge of the area 
swept by the windshield wipers. Instead, Samsara contends that use of 
the AI Dash Cam enhances safety because of its ability to analyze road 
and driver behavior in real time to detect and alert drivers to road 
signs, collisions, near-misses, distracted driving events and high-risk 
driving behavior.
    The exemption would apply to all CMVs equipped with Samsara AI Dash 
Cam device mounted on the windshield. Samsara states that ``Without the 
exemption, Samsara customers may not be able to install their Samsara 
AI Dash Cams in an optimal location on the windshield to maximize the 
effectiveness of the safety features of the Samsara technology.'' 
Samsara 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 April 13, 2020, and asked for public comment (85 FR 20564).
    The Agency received no comments on the exemption application.

FMCSA Decision

    FMCSA has evaluated the Samsara exemption application. Samsara's AI 
Dash Cam device is mounted approximately 8 inches below the top of the 
area swept by the windshield wipers. The device needs to be mounted in 
this location to ensure optimal functionality of the advanced safety 
systems supported by the device. The Agency believes that granting the 
temporary exemption to allow placement of the AI Dash Cam device lower 
than currently permitted by Agency regulations will likely 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 multi-
sensor device would obstruct drivers' views of the roadway, highway 
signs, and 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 the use of the AI Dash Cam device by fleets is likely to 
improve the overall level of safety to 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 the 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 October 28, 2020 and ending October 28, 2025. During the 
temporary exemption period, motor carriers will be allowed to operate 
CMVs equipped with Samsara's AI Dash Cam device in the approximate 
center of the top of the windshield and such that the bottom edge of 
the AI Dash Cam device is approximately 8 inches below the upper edge 
of the area swept by 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. The exemption will be valid for 5 years 
unless rescinded earlier by FMCSA. The

[[Page 68411]]

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 Samsara's multi-sensor 
device 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

    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 W. Deck,
Deputy Administrator.
[FR Doc. 2020-23894 Filed 10-27-20; 8:45 am]
BILLING CODE 4910-EX-P