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