Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Netradyne, Inc., 82575-82576 [2020-27967]

Download as PDF Federal Register / Vol. 85, No. 244 / Friday, December 18, 2020 / Notices within which driving would be completed, in lieu of taking 10 consecutive hours off duty. If granted, the exemption would cover MBR Helicopters’ commercial motor vehicle (CMV) operators only when they are responding to or returning from an active incident as requested by an officer of a safety agency or public utility commission or service. A copy of the application is included in the docket referenced at the beginning of this notice. Request for Comments In accordance with 49 U.S.C. 31315, FMCSA requests public comment from all interested persons on MBR’s application for an exemption. All comments received before the close of business on 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. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2020–27966 Filed 12–17–20; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2020–0173] Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Netradyne, Inc. Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; grant of exemption. AGENCY: The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant Netradyne, Inc’s. (Netradyne) application for a limited 5-year exemption to allow its Driveri® Dash Cam 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 Driveri® khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 22:22 Dec 17, 2020 Jkt 253001 Dash Cam 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 December 18, 2020. The exemption expires December 15, 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. If you have questions regarding viewing or submitting material to the docket, contact Docket Operations, (202) 366–9826. 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)). Netradyne’s Application for Exemption Netradyne applied for an exemption from 49 CFR 393.60(e)(1) to allow its Driveri® Dash Cam 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 advance safety system supported by the device. PO 00000 Frm 00150 Fmt 4703 Sfmt 4703 82575 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 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. Netradyne states that the functionality of its Driveri® Dash Cam includes the ability to capture and analyze distracted driving events along with providing incab audio alerts, following distance management, and detection of stop signs and traffic signals. Netradyne states that the proposed exemption will increase safety by providing these advance safety features on its customers’ CMVs. Netradyne notes that it conducted pilot tests of 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 Driveri® Dash Cam, four-camera version housing, is approximately 190 mm (7.4 inches) wide by 118 mm (4.6 inches) tall and the two-camera version housing is 126 mm (4.9 inches) wide by 71 mm (2.8 inches) tall. The devices 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 optimal functionality of the advanced safety systems supported by the device. Without the proposed exemption, Netradyne states that its customers will not be able to install these devices in an optimal location on the windshield to E:\FR\FM\18DEN1.SGM 18DEN1 82576 Federal Register / Vol. 85, No. 244 / Friday, December 18, 2020 / Notices maximize the effectiveness of the safety features of the technology. The exemption would apply to all CMVs equipped with Netradyne’s Driveri® Dash Cam mounted on the windshield. Netradyne 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. khammond on DSKJM1Z7X2PROD with NOTICES Comments FMCSA published a notice announcing receipt of the exemption application in the Federal Register on August 20, 2020, and requested public comment on the application (85 FR 51545). The Agency received no comments addressing the exemption application. FMCSA Decision FMCSA has evaluated the Netradyne exemption application. The Driveri® Dash Cam, four-camera housing version, is approximately 4.6 inches tall while the two-camera housing version is 2.8 inches tall. Both camera versions are 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 Driveri® Dash Cam needs to be mounted in this location for optimal functionality of the advance safety system. The size of the Driveri® Dash Cam 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 Driveri® Dash Cam 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 Driveri® Dash Cam 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 Driveri® Dash Cam 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 VerDate Sep<11>2014 22:22 Dec 17, 2020 Jkt 253001 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. James W. Deck, Deputy Administrator. [FR Doc. 2020–27967 Filed 12–17–20; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2020–0027–N–28] Proposed Agency Information Collection Activities; Comment Request Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of information collection; request for comment. AGENCY: Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, this notice announces that FRA is forwarding the Information Collection Request (ICR) abstracted below to the Office of Management and Budget (OMB) for review and comment. The ICR describes the information collection and its expected burden. On July 22, 2020, FRA published a notice providing a 60-day period for public comment on the ICR. DATES: Interested persons are invited to submit comments on or before January 19, 2021. ADDRESSES: Written comments and recommendations for the proposed ICR should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain. Find the particular ICR by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. FOR FURTHER INFORMATION CONTACT: Ms. Hodan Wells, Information Collection Clearance Officer, Office of Railroad Safety, Regulatory Analysis Division, Federal Railroad Administration, telephone (202) 493–0440, email: Hodan.wells@dot.gov. SUPPLEMENTARY INFORMATION: The PRA, 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. See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 SUMMARY: PO 00000 Frm 00151 Fmt 4703 Sfmt 4703 through 1320.12. On July 22, 2020, FRA published a 60-day notice in the Federal Register soliciting comment on the ICR for which it is now seeking OMB approval. See 85 FR 44359. FRA received no comments in response to this notice. Before OMB decides whether to approve the proposed collection of information, it must provide 30 days for public comment. 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 1320.12(d); see also 60 FR 44978, 44983, Aug. 29, 1995. OMB believes 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. Comments are invited on the following ICR regarding: (1) Whether the information collection activities are necessary for FRA to properly execute its functions, including whether the information will have practical utility; (2) the accuracy of FRA’s estimates of the burden of the information collection activities, including the validity of the methodology and assumptions used to determine the estimates; (3) ways for FRA to enhance the quality, utility, and clarity of the information being collected; and (4) ways to minimize the burden of information collection activities on the public, including the use of automated collection techniques or other forms of information technology. The summaries below describe the ICR that FRA will submit for OMB clearance as the PRA requires: Title: Safety Appliance Standards Guidance Checklist Forms. OMB Control Number: 2130–0565. Abstract: Title 49 Code of Federal Regulations (CFR) part 231, Railroad Safety Appliance Standards, was supplemented and expanded in 2013 to include the industry standard established by the Association of American Railroads (AAR), Standard 2044 or S–2044, which prescribed safety appliance arrangements for 11 new types of cars. As a result of the inclusion, FRA developed Forms FRA F6180.161(a)–(k) as guidance checklist forms to facilitate railroad, rail car owner, and rail equipment manufacturer compliance with S–2044 and 49 CFR part 231. AAR has since updated S–2044 to include seven new types of cars. In E:\FR\FM\18DEN1.SGM 18DEN1

Agencies

[Federal Register Volume 85, Number 244 (Friday, December 18, 2020)]
[Notices]
[Pages 82575-82576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27967]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0173]


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

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

ACTION: Notice of final disposition; grant of exemption.

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

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
announces its decision to grant Netradyne, Inc's. (Netradyne) 
application for a limited 5-year exemption to allow its Driveri[supreg] 
Dash Cam 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 Driveri[supreg] Dash Cam 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 December 18, 2020. The exemption 
expires December 15, 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. 
If you have questions regarding viewing or submitting material to the 
docket, contact Docket Operations, (202) 366-9826.

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)).

Netradyne's Application for Exemption

    Netradyne applied for an exemption from 49 CFR 393.60(e)(1) to 
allow its Driveri[supreg] Dash Cam 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 
advance safety system supported by the 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.  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.
    Netradyne states that the functionality of its Driveri[supreg] Dash 
Cam includes the ability to capture and analyze distracted driving 
events along with providing in-cab audio alerts, following distance 
management, and detection of stop signs and traffic signals. Netradyne 
states that the proposed exemption will increase safety by providing 
these advance safety features on its customers' CMVs. Netradyne notes 
that it conducted pilot tests of 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 Driveri[supreg] Dash Cam, four-camera version housing, is 
approximately 190 mm (7.4 inches) wide by 118 mm (4.6 inches) tall and 
the two-camera version housing is 126 mm (4.9 inches) wide by 71 mm 
(2.8 inches) tall. The devices 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 optimal functionality of the 
advanced safety systems supported by the device. Without the proposed 
exemption, Netradyne states that its customers will not be able to 
install these devices in an optimal location on the windshield to

[[Page 82576]]

maximize the effectiveness of the safety features of the technology. 
The exemption would apply to all CMVs equipped with Netradyne's 
Driveri[supreg] Dash Cam mounted on the windshield. Netradyne 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 announcing receipt of the exemption 
application in the Federal Register on August 20, 2020, and requested 
public comment on the application (85 FR 51545).
    The Agency received no comments addressing the exemption 
application.

FMCSA Decision

    FMCSA has evaluated the Netradyne exemption application. The 
Driveri[supreg] Dash Cam, four-camera housing version, is approximately 
4.6 inches tall while the two-camera housing version is 2.8 inches 
tall. Both camera versions are 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 Driveri[supreg] Dash Cam needs to be mounted in 
this location for optimal functionality of the advance safety system. 
The size of the Driveri[supreg] Dash Cam 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 Driveri[supreg] Dash Cam 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 Driveri[supreg] Dash Cam 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 
Driveri[supreg] Dash Cam 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.

James W. Deck,
Deputy Administrator.
[FR Doc. 2020-27967 Filed 12-17-20; 8:45 am]
BILLING CODE 4910-EX-P