Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Samsara Networks Inc., 68409-68411 [2020-23894]
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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
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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
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68410
Federal Register / Vol. 85, No. 209 / Wednesday, October 28, 2020 / Notices
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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
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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.
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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
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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.
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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:
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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.
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]]>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]
-----------------------------------------------------------------------
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
