Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Bendix Commercial Vehicle Systems, LLC, 17877-17879 [2021-06982]

Download as PDF 17877 Federal Register / Vol. 86, No. 64 / Tuesday, April 6, 2021 / Notices fleeing codes. If the respondent has a warrant for one of the three fleeing codes, SSA uses this information to deny payments. The respondents are SSI applicants and recipients, or their representative payees, who are reporting receive to determine eligibility on an initial claim for SSI payments or a redetermination of existing recipients. The collection is mandatory to ensure that an applicant or recipient does not have a warrant for one of the three Number of respondents Modality of completion Fugitive Felon and Parole or Probation Violation screens within the SSI Claims System ..................................... Average burden per response (minutes) Frequency of response 1,000 1 their status as a fugitive felon or probation or parole violator. Type of Request: Revision of an OMBapproved information collection. Estimated total annual burden (hours) 1 17 Average theoretical hourly cost amount (dollars) * Total annual opportunity cost (dollars) ** * $25.72 ** $437 * We based this figure on the average hourly wage for all occupations in May 2019 as reported by the U.S. Bureau of Labor Statistics (https:// www.bls.gov/oes/current/oes_nat.htm#00-0000). ** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the application. Dated: March 31, 2021. Eric Lowman, Acting Reports Clearance Officer, Office of Legislative Development and Operations, Social Security Administration. [FR Doc. 2021–06975 Filed 4–5–21; 8:45 am] BILLING CODE 4191–02–P SURFACE TRANSPORTATION BOARD [Docket No. EP 670 (Sub-No. 1)] Notice of Rail Energy Transportation Advisory Committee Meeting Surface Transportation Board. Notice of Rail Energy Transportation Advisory Committee meeting. AGENCY: ACTION: Notice is hereby given of a meeting of the Rail Energy Transportation Advisory Committee (RETAC), pursuant to the Federal Advisory Committee Act. DATES: The meeting will be held on Thursday, April 22, 2021, beginning at 1:00 p.m. E.D.T., and is expected to conclude by 4:00 p.m. E.D.T. ADDRESSES: The meeting will be held virtually via Zoom. See SUPPLEMENTARY INFORMATION for registration details. FOR FURTHER INFORMATION CONTACT: Kristen Nunnally at (202) 245–0312 or Kristen.Nunnally@stb.gov. Assistance for the hearing impaired is available through the Federal Relay Service at (800) 877–8339. SUPPLEMENTARY INFORMATION: RETAC was formed in 2007 to provide advice and guidance to the Board, and to serve as a forum for discussion of emerging issues related to the transportation of energy resources by rail, including coal, ethanol, and other biofuels. Establishment of a Rail Energy Transp. Advisory Comm., EP 670 (STB served khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:34 Apr 05, 2021 Jkt 253001 July 17, 2007). The purpose of this meeting is to facilitate discussions regarding issues of interest, including rail service, infrastructure planning and development, and effective coordination among suppliers, rail carriers, and users of energy resources. Agenda items for this meeting may include a rail performance measures review, industry segment updates by RETAC members, and a roundtable discussion. The meeting, which is open to the public via Zoom, will be conducted in accordance with the Federal Advisory Committee Act, 5 U.S.C. app. 2; Federal Advisory Committee Management regulations, 41 CFR 102–3; the RETAC charter; and Board procedures. Members of the public who wish to attend this meeting must register in advance of the meeting. The registration link is provided on the Board’s website at https://prod.stb.gov/resources/ stakeholder-committees/retac/. Registrations will be accepted on a space-available basis. Further communications about this meeting will be announced through the Board’s website at www.stb.gov. Public Comments: Members of the public may submit written comments to RETAC at any time. Comments should be addressed to RETAC, c/o Kristen Nunnally, Surface Transportation Board, 395 E Street SW, Washington, DC 20423–0001 or Kristen.Nunnally@ stb.gov. Authority: 49 U.S.C. 1321, 49 U.S.C. 11101; 49 U.S.C. 11121. Decided: April 1, 2021. By the Board, Allison C. Davis, Director, Office of Proceedings. Aretha Laws-Byrum, Clearance Clerk. [FR Doc. 2021–07041 Filed 4–5–21; 8:45 am] BILLING CODE 4915–01–P PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2020–0196] Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Bendix Commercial Vehicle Systems, LLC 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 the application of Bendix Commercial Vehicle Systems, LLC (Bendix) for a limited five-year exemption to allow its Bendix Advance Driver Assistance Systems (ADAS) technology 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 technology 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 April 6, 2021 and expires April 6, 2026. 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 SUMMARY: E:\FR\FM\06APN1.SGM 06APN1 17878 Federal Register / Vol. 86, No. 64 / Tuesday, April 6, 2021 / Notices 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 a day, 365 days a year. The docket number is listed at the beginning of this notice. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with NOTICES 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)). Bendix’s Application for Exemption Bendix applied for an exemption from 49 CFR 393.60(e)(1) to allow its ADAS technology to be mounted lower in the windshield than is currently permitted by the Agency’s regulations to optimize the functionality of the technology system. A copy of the application is included in the docket referenced at the beginning of this notice. In its application, Bendix states that the functionality of its ADAS technology now includes the ability to provide incident management systems, VerDate Sep<11>2014 17:34 Apr 05, 2021 Jkt 253001 performance or behavior management systems, lane departure warning systems, forward collision warning or mitigation systems, and active cruise control systems. Bendix notes that it piloted the devices’ functionality, and found that there was no obstruction to the driver’s normal sightlines to the road ahead, highway signs and signals, or any mirrors. The technology housing is approximately 142 mm (5.6 inches) tall by 138 mm (5.4 inches) wide, and will be mounted in the approximate center of the windshield with the bottom edge of the housing approximately 204 mm (about 8 inches) below the upper edge of the area swept by the windshield wipers. The technology will be mounted outside the driver’s normal sight lines to the road ahead, signs, signals, and mirrors. This location will allow for optimal functionality of the safety features supported by the ADAS technology. Without the proposed exemption, Bendix 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, and (2) could be fined for violating current regulations. The exemption would apply to all CMVs equipped with Bendix ADAS technology mounted on the windshield. Bendix believes that mounting the ADAS technology 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 01, 2020, and asked for public comment (85 FR 77336). The Agency received one comment from the American Trucking Associations (ATA). The ATA supported the exemption application, noting that the Bendix ADAS technology is designed to provide safety features such as: Forward collision warnings, following distance warnings, and lane departure warnings. ATA argues that ADAS can help thousands of commercial motor vehicle drivers to safely traverse U.S. highways. FMCSA Decision FMCSA has evaluated the Bendix exemption application. The ADAS technology system housing is approximately 5.6 inches tall, and is mounted near the top of the center of the windshield, with the bottom of the housing located about 8 inches below the top of the area swept by the windshield wipers. The housing needs PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 to be mounted in this location for optimal functionality of the ADAS system. The desired optimal functionality and the relative size of the 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 technology 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 information available, there is no indication that the ADAS technology would obstruct drivers’ views of the roadway, highway signs and signals, 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 where the bottom of the ADAS technology housing will not exceed 8 inches below the upper edge of the area swept by the windshield wipers outside the driver’s and passenger’s normal sight lines to the road ahead, highway signs and signals, and all mirrors, will be reasonable and enforceable at roadside. In addition, the Agency believes the use of the ADAS technology by fleets is likely to improve the overall level of safety for the motoring public. This action is consistent with the following previously issued Agency actions permitting the placement of similarly-sized devices on CMVs outside the driver’s sight lines to the road, and highway signs and signals: Netradyne, Inc. 85 FR 82575 (Dec 18, 2020), J.J. Keller & Associates, Inc. 85 FR 75106 (November 24, 2020), Samsara Networks, Inc. 85 FR 68409 (Oct. 28, 2020), Nauto Inc. 85 FR 64220 (Oct. 9, 2020), Lytx Inc. 85 FR 30121 (May 21, 2020), and Navistar Inc. 84 FR 64952 (Nov. 25, 2019). FMCSA is unaware 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 April 6, 2021 and ending April 6, 2026. During the temporary exemption period, motor carriers will be allowed to operate CMVs equipped with Bendix ADAS technology in the E:\FR\FM\06APN1.SGM 06APN1 Federal Register / Vol. 86, No. 64 / Tuesday, April 6, 2021 / Notices approximate center of the top of the windshield and such that the bottom edge of the technology housing 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 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 Bendix’s ADAS technology 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. Meera Catherine Joshi, Acting Administrator. [FR Doc. 2021–06982 Filed 4–5–21; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION khammond on DSKJM1Z7X2PROD with NOTICES Federal Motor Carrier Safety Administration [Docket No. FMCSA–2021–0003] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of final disposition. AGENCY: VerDate Sep<11>2014 17:34 Apr 05, 2021 Jkt 253001 FMCSA announces its decision to exempt 11 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. They are unable to meet the vision requirement in one eye for various reasons. The exemptions enable these individuals to operate CMVs in interstate commerce without meeting the vision requirement in one eye. DATES: The exemptions were applicable on March 26, 2021. The exemptions expire on March 26, 2023. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64–224, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m., ET, Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Dockets Operations, (202) 366–9826. SUPPLEMENTARY INFORMATION: SUMMARY: I. Public Participation A. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number, FMCSA–2021–0003, in the keyword box, and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, and click ‘‘Browse Comments.’’ If you do not have access to the internet, you may view the docket online by visiting Dockets Operations in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590–0001, 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 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 On February 23, 2021, FMCSA published a notice announcing receipt of applications from 11 individuals requesting an exemption from vision PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 17879 requirement in 49 CFR 391.41(b)(10) and requested comments from the public (86 FR 11046). The public comment period ended on March 25, 2021, and two comments were received. FMCSA has evaluated the eligibility of these applicants and determined that granting the exemptions to these individuals would achieve a level of safety equivalent to, or greater than, the level that would be achieved by complying with § 391.41(b)(10). The physical qualification standard for drivers regarding vision found in § 391.41(b)(10) states that a person is physically qualified to drive a CMV if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70° in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber. III. Discussion of Comments FMCSA received two comments in this proceeding. Jason Gaddy and an anonymous individual submitted comments in support of the Agency’s decision to grant the exemptions. IV. 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. The statute also allows the Agency to renew exemptions at the end of the 5-year period. FMCSA grants medical exemptions from the FMCSRs for a 2year 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. The qualifications, experience, and medical condition of each applicant were stated and discussed in detail in the February 23, 2021 Federal Register notice (86 FR 11046) and will not be repeated here. FMCSA recognizes that some drivers do not meet the vision requirement but have adapted their driving to accommodate their limitation and demonstrated their ability to drive safely. The 11 exemption applicants E:\FR\FM\06APN1.SGM 06APN1

Agencies

[Federal Register Volume 86, Number 64 (Tuesday, April 6, 2021)]
[Notices]
[Pages 17877-17879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06982]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0196]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Bendix Commercial Vehicle Systems, LLC

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 the application of Bendix Commercial 
Vehicle Systems, LLC (Bendix) for a limited five-year exemption to 
allow its Bendix Advance Driver Assistance Systems (ADAS) technology 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 technology 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 April 6, 2021 and expires April 6, 
2026.

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

[[Page 17878]]

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 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)).

Bendix's Application for Exemption

    Bendix applied for an exemption from 49 CFR 393.60(e)(1) to allow 
its ADAS technology to be mounted lower in the windshield than is 
currently permitted by the Agency's regulations to optimize the 
functionality of the technology system. A copy of the application is 
included in the docket referenced at the beginning of this notice.
    In its application, Bendix states that the functionality of its 
ADAS technology now includes the ability to provide incident management 
systems, performance or behavior management systems, lane departure 
warning systems, forward collision warning or mitigation systems, and 
active cruise control systems. Bendix notes that it piloted the 
devices' functionality, and found that there was no obstruction to the 
driver's normal sightlines to the road ahead, highway signs and 
signals, or any mirrors.
    The technology housing is approximately 142 mm (5.6 inches) tall by 
138 mm (5.4 inches) wide, and will be mounted in the approximate center 
of the windshield with the bottom edge of the housing approximately 204 
mm (about 8 inches) below the upper edge of the area swept by the 
windshield wipers. The technology will be mounted outside the driver's 
normal sight lines to the road ahead, signs, signals, and mirrors. This 
location will allow for optimal functionality of the safety features 
supported by the ADAS technology.
    Without the proposed exemption, Bendix 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, 
and (2) could be fined for violating current regulations. The exemption 
would apply to all CMVs equipped with Bendix ADAS technology mounted on 
the windshield. Bendix believes that mounting the ADAS technology 
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 01, 2020, and asked for public comment (85 FR 77336). The 
Agency received one comment from the American Trucking Associations 
(ATA). The ATA supported the exemption application, noting that the 
Bendix ADAS technology is designed to provide safety features such as: 
Forward collision warnings, following distance warnings, and lane 
departure warnings. ATA argues that ADAS can help thousands of 
commercial motor vehicle drivers to safely traverse U.S. highways.

FMCSA Decision

    FMCSA has evaluated the Bendix exemption application. The ADAS 
technology system housing is approximately 5.6 inches tall, and is 
mounted near the top of the center of the windshield, with the bottom 
of the housing located about 8 inches below the top of the area swept 
by the windshield wipers. The housing needs to be mounted in this 
location for optimal functionality of the ADAS system. The desired 
optimal functionality and the relative size of the 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 technology 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 information available, there is 
no indication that the ADAS technology would obstruct drivers' views of 
the roadway, highway signs and signals, 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 where the bottom of the ADAS technology housing will 
not exceed 8 inches below the upper edge of the area swept by the 
windshield wipers outside the driver's and passenger's normal sight 
lines to the road ahead, highway signs and signals, and all mirrors, 
will be reasonable and enforceable at roadside. In addition, the Agency 
believes the use of the ADAS technology by fleets is likely to improve 
the overall level of safety for the motoring public.
    This action is consistent with the following previously issued 
Agency actions permitting the placement of similarly-sized devices on 
CMVs outside the driver's sight lines to the road, and highway signs 
and signals: Netradyne, Inc. 85 FR 82575 (Dec 18, 2020), J.J. Keller & 
Associates, Inc. 85 FR 75106 (November 24, 2020), Samsara Networks, 
Inc. 85 FR 68409 (Oct. 28, 2020), Nauto Inc. 85 FR 64220 (Oct. 9, 
2020), Lytx Inc. 85 FR 30121 (May 21, 2020), and Navistar Inc. 84 FR 
64952 (Nov. 25, 2019). FMCSA is unaware 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 April 6, 2021 and ending April 6, 2026. During the temporary 
exemption period, motor carriers will be allowed to operate CMVs 
equipped with Bendix ADAS technology in the

[[Page 17879]]

approximate center of the top of the windshield and such that the 
bottom edge of the technology housing 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 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 Bendix's ADAS 
technology 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.

Meera Catherine Joshi,
Acting Administrator.
[FR Doc. 2021-06982 Filed 4-5-21; 8:45 am]
BILLING CODE 4910-EX-P