Parts and Accessories Necessary for Safe Operation; Authorized Windshield Area for the Installation of Vehicle Safety Technology, 35449-35458 [2021-14040]
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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Proposed Rules
responsibilities among the various
levels of government.’’
FMCSA has determined that this
rulemaking would not have substantial
direct costs on or for States, nor would
it limit the policymaking discretion of
States. Nothing in this document
preempts any State law or regulation.
Therefore, this rulemaking does not
have sufficient federalism implications
to warrant the preparation of a
Federalism Impact Statement.
H. Privacy
The Consolidated Appropriations Act,
2005,5 requires the Agency to conduct a
privacy impact assessment of a
regulation that will affect the privacy of
individuals. This rulemaking would not
require the collection of personally
identifiable information.
I. E.O. 13175 (Indian Tribal
Governments)
This rulemaking does not have Tribal
implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
does not have a substantial direct effect
on one or more Indian Tribes, on the
relationship between the Federal
Government and Indian Tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian Tribes.
J. National Environmental Policy Act of
1969
FMCSA analyzed this rulemaking for
the purpose of the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and determined this
action is categorically excluded from
further analysis and documentation in
an environmental assessment or
environmental impact statement under
FMCSA Order 5610.1 (69 FR 9680,
March 1, 2004), Appendix 2, paragraph
6(b). This Categorical Exclusion (CE)
covers minor revisions to regulations.
The proposed requirements in this
rulemaking are covered by this CE and
the rulemaking does not have any effect
on the quality of the environment.
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List of Subjects in 49 CFR 385
Administrative practice and
procedure, Highway safety,
Incorporation by reference, Mexico,
Motor carriers, Motor vehicle safety,
Reporting and recordkeeping
requirements.
In consideration of the foregoing,
FMCSA proposes to amend 49 CFR
chapter III, part 385, as set forth below:
5 Public Law 108–447, 118 Stat. 2809, 3268, 5
U.S.C. 552a note (Dec. 8, 2004).
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PART 385—SAFETY FITNESS
PROCEDURES
1. The authority citation for part 385
continues to read as follows:
■
Authority: 49 U.S.C. 113, 504, 521(b),
5105(d), 5109, 5113, 13901–13905, 13908,
31135, 31136, 31144, 31148, and 31502; Sec.
113(a), Pub. L. 103–311; Sec. 408, Pub. L.
104–88, 109 Stat. 803, 958; Sec. 350 of Pub.
L. 107–87, 115 Stat. 833, 864; and 49 CFR
1.87.
2. Revise § 385.4(b)(1) to read as
follows:
■
§ 385.4
Matter incorporated by reference.
*
*
*
*
*
(b) * * *
(1) ‘‘North American Standard Out-ofService Criteria and Level VI Inspection
Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles
Transporting Transuranics and Highway
Route Controlled Quantities of
Radioactive Materials as defined in 49
CFR part 173.403,’’ April 1, 2021,
incorporation by reference approved for
§ 385.415(b).
*
*
*
*
*
Issued under authority delegated in 49 CFR
1.87.
Meera Joshi,
Deputy Administrator.
[FR Doc. 2021–14039 Filed 7–2–21; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 393
[Docket No. FMCSA–2021–0037]
RIN 2126–AC42
Parts and Accessories Necessary for
Safe Operation; Authorized Windshield
Area for the Installation of Vehicle
Safety Technology
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
FMCSA proposes to amend
the Federal Motor Carrier Safety
Regulations (FMCSRs) to increase the
area within which certain vehicle safety
technology devices may be mounted on
the interior of the commercial motor
vehicle (CMV) windshields. In addition,
FMCSA proposes to add items to the
definition of vehicle safety technology.
This NPRM responds to a rulemaking
petition from Daimler Trucks North
America (DTNA).
SUMMARY:
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Comments must be received on
or before August 5, 2021.
ADDRESSES: You may submit comments
identified by Docket Number FMCSA2021–0037 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/docket/
FMCSA-2021-0037/document. Follow
the online instructions for submitting
comments.
• Mail: Dockets Operations, U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: Dockets
Operations, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, West Building, Ground
Floor, Room W12–140, Washington, DC
20590–0001, between 9 a.m. and 5 p.m.,
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.
• Fax: (202) 493–2251.
FOR FURTHER INFORMATION CONTACT: Mr.
Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Policy,
Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001; (202) 366–0676; Luke.Loy@
dot.gov. If you have questions on
viewing or submitting material to the
docket, call Dockets Operations at (202)
366–9826.
SUPPLEMENTARY INFORMATION:
FMCSA organizes this NPRM as
follows:
DATES:
I. Public Participation and Request for
Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
II. Executive Summary
A. Purpose and Summary of the Regulatory
Action
B. Costs and Benefits
III. Abbreviations
IV. Legal Basis
V. Background
A. Temporary Exemptions
B. Petition To Initiate Rulemaking
VI. Discussion of Proposed Rulemaking
VII. Section-By-Section Analysis
VIII. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and
Review), E.O. 13563 (Improving
Regulation and Regulatory Review), and
DOT Regulatory Policies and Procedures
B. Congressional Review Act
C. Waiver of Advance Notice of Proposed
Rulemaking
D. Regulatory Flexibility Act (Small
Entities)
E. Assistance for Small Entities
F. Unfunded Mandates Reform Act of 1995
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G. Paperwork Reduction Act (Collection of
Information)
H. E.O. 13132 (Federalism)
I. Privacy
J. E.O. 13175 (Indian Tribal Governments)
K. National Environmental Policy Act of
1969
I. Public Participation and Request For
Comments
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A. Submitting Comments
If you submit a comment, please
include the docket number for this
NPRM (FMCSA–2021–0037), indicate
the specific section of this document to
which your comment applies, and
provide a reason for each suggestion or
recommendation. You may submit your
comments and material online or by fax,
mail, or hand delivery, but please use
only one of these means. FMCSA
recommends that you include your
name and a mailing address, an email
address, or a phone number in the body
of your document so FMCSA can
contact you if there are questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov/docket/
FMCSA-2021-0037/document, click on
this NPRM, click ‘‘Comment,’’ and type
your comment into the text box on the
following screen.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the facility,
please enclose a stamped, self-addressed
postcard or envelope.
FMCSA will consider all comments
and material received during the
comment period.
Confidential Business Information (CBI)
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments
responsive to the NPRM contain
commercial or financial information
that is customarily treated as private,
that you actually treat as private, and
that is relevant or responsive to the
NPRM, it is important that you clearly
designate the submitted comments as
CBI. Please mark each page of your
submission that constitutes CBI as
‘‘PROPIN’’ to indicate it contains
proprietary information. FMCSA will
treat such marked submissions as
confidential under the Freedom of
Information Act, and they will not be
placed in the public docket of the
NPRM. Submissions containing CBI
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should be sent to Mr. Brian Dahlin,
Chief, Regulatory Analysis Division,
Office of Policy, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001. Any comments FMCSA receives
not specifically designated as CBI will
be placed in the public docket for this
rulemaking.
B. Viewing Comments and Documents
To view documents mentioned as
being available in the docket, go to
https://www.regulations.gov/docket/
FMCSA-2021-0037/document and
choose the document to review. To view
comments, click this NPRM, 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., 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.
C. Privacy Act
DOT solicits comments from the
public to better inform its rulemaking
process, in accordance with 5 U.S.C.
553(c). 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—Federal Docket Management
System (FDMS)), which can be reviewed
at www.transportation.gov/privacy.
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.
Specifically, the Agency proposes to
modify § 393.60(e)(1)(ii) to increase
from 100 mm (4 inches) to 216 mm (8.5
inches) the distance below the upper
edge of the area swept by the
windshield wipers within which
vehicle safety technologies may be
mounted. The other parameters would
remain unchanged. The Agency believes
the potential economic impact of these
changes is negligible. The proposed
amendments do not impose new or
more stringent requirements, but simply
codify the temporary exemptions
granted pursuant to 49 CFR part 381
that allow the use of the devices/
technologies in locations that would
previously have been a violation of
§ 393.60(e)(1). More importantly, the
amendments do not mandate the use of
any devices/technologies, but simply
permit their voluntary use while
mounted in a location that maximizes
their effectiveness without impairing
operational safety.
A. Purpose and Summary of the
Regulatory Action
B. Costs and Benefits
The Agency expects that if a final rule
is adopted consistent with this NPRM,
it would generate cost savings for both
industry and the Federal Government by
reducing the overall time burden
associated with the exemption request
and approval process associated with 49
U.S.C. 31315 and the implementing
regulations under 49 CFR part 381. The
Agency estimates this NPRM would
result in total annualized cost savings of
$12,184 and $10,705 at 3 percent and 7
percent discount rates, respectively.
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.
Section 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
ADAS Advanced Driver Assistance System
ANPRM Advance Notice of Proposed
Rulemaking
BLS U.S. Bureau of Labor Statistics
CE Categorical Exclusion
CIB Crash Imminent Braking
CMV Commercial Motor Vehicle
DOT Department of Transportation
DBS Dynamic Brake Support
DTNA Daimler Trucks North America
ECEC Employer Costs for Employee
Compensation
ELD Electronic Logging Devices
E.O. Executive Order
FASTAct Fixing America’s Surface
Transportation Act
FMCSA Federal Motor Carrier Safety
Administration
FMCSRs Federal Motor Carrier Safety
Regulations
FR Federal Register
GS General Schedule
GPS Global Positioning System
II. Executive Summary
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III. Abbreviations
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NEPA National Environmental Policy Act
of 1969
NPRM Notice of Proposed Rulemaking
OMB Office of Management and Budget
PIA Privacy Impact Assessment
PII Personally Identifiable Information
Secretary Secretary of Transportation
U.S.C. United States Code
IV. Legal Basis for the Rulemaking
This NPRM is based on the authority
of the Motor Carrier Act, 1935 [1935
Act], the Motor Carrier Safety Act of
1984 [1984 Act], and the Fixing
America’s Surface Transportation
(FAST) Act.
The 1935 Act, as amended, provides
that ‘‘[t]he Secretary of Transportation
may prescribe requirements for—(1)
qualifications and maximum hours of
service of employees of, and safety of
operation and equipment of, a motor
carrier; and (2) qualifications and
maximum hours-of-service of employees
of, and standards of equipment of, a
motor private carrier, when needed to
promote safety of operation.’’ [49 U.S.C.
31502(b)].
The 1984 Act provides concurrent
authority to regulate drivers, motor
carriers, and vehicle equipment. It
requires the Secretary to ‘‘prescribe
regulations on commercial motor
vehicle safety. The regulations shall
prescribe minimum safety standards for
commercial motor vehicles. At a
minimum, the regulations shall ensure
that—(1) commercial motor vehicles are
maintained, equipped, loaded, and
operated safely; (2) the responsibilities
imposed on operators of commercial
motor vehicles do not impair their
ability to operate the vehicles safely; (3)
the physical condition of operators of
commercial motor vehicles is adequate
to enable them to operate vehicles safely
. . . ; (4) the operation of commercial
motor vehicles does not have a
deleterious effect on the physical
condition of the operators; and (5) an
operator of a commercial motor vehicle
is not coerced by a motor carrier,
shipper, receiver, or transportation
intermediary to operate a commercial
motor vehicle in violation of a
regulation promulgated under this
section, or chapter 51 or chapter 313 of
this title.’’ [49 U.S.C. 31136(a)].
Section 5301 of the FAST Act directs
FMCSA to exempt voluntary mounting
of a vehicle safety technology on a
windshield if that technology is likely to
achieve a level of safety that is
equivalent to or greater than the level of
safety that would be achieved without
the exemption [Pub. L. 114–94, 129 Stat.
1312, 1543, Dec. 4, 2015]. Section
5301(c) also specifies that any
regulatory exemption for windshieldmounted technologies in effect on the
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date of enactment of the FAST Act
‘‘shall be considered likely to achieve a
level of safety that is equivalent to or
greater than the level of safety that
would be achieved absent an exemption
. . . .’’
This NPRM is based in part on the
1935 Act, which allows the Agency to
regulate the ‘‘safety of operation and
equipment’’ of a motor carrier and the
‘‘standards of equipment’’ of a motor
private carrier. The requirements of 49
U.S.C. 31136 (a)(1), (2), and (4) of the
1984 Act are also applicable to this
rulemaking action. The Agency
proposes to amend 49 CFR part 393 to
allow certain safety equipment to be
mounted within the area of the
windshield swept by the windshield
wipers. The Agency believes that these
changes will be welcomed by motor
carriers and drivers alike and that
coercion to violate these revised
provisions, which is prohibited by
§ 31136(a)(5), will not be an issue. The
NPRM does not involve the physical
condition of drivers under § 31136(a)(3).
This NPRM rests in part on the intent
of Congress expressed in section 5301 of
the FAST Act to exempt safety
equipment mounted within the swept
area of windshields, provided such
devices do not degrade operational
safety.
FMCSA must consider the ‘‘costs and
benefits’’ of any proposal before
promulgating regulations (49 U.S.C.
31136(c)(2)(A), 31502(d)).
V. Background
The fundamental purpose of 49 CFR
part 393, ‘‘Parts and Accessories
Necessary for Safe Operation,’’ is to
ensure that no employer shall operate a
CMV, or cause or permit it to be
operated, unless it is equipped in
accordance with the requirements and
specifications of this part. However,
nothing contained in part 393 shall be
construed to prohibit the use of
additional equipment and accessories,
not inconsistent with or prohibited by
part 393, provided such equipment and
accessories do not decrease the safety of
operation of the CMVs on which they
are used (§ 393.3).
Section 5301 of the FAST Act
directed the Agency to amend the
FMCSRs to allow devices to be mounted
on the windshield that utilize ‘‘vehicle
safety technology,’’ as defined in the
Act. In addition, section 5301 stated that
all windshield-mounted devices/
technologies with a limited 2-year
exemption in effect on the date of
enactment were considered to meet the
safety standard required for the initial
exemption, i.e., achieving a level of
safety equivalent to, or greater than, the
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level that would be achieved absent the
exemption. On September 23, 2016,
FMCSA published a final rule titled
‘‘Parts and Accessories Necessary for
Safe Operation; Windshield-Mounted
Technologies,’’ (81 FR 65568), which
amended the FMCSRs to allow the
voluntary mounting of certain devices
on the interior of the windshields of
CMVs, including placement within the
area that is swept by the windshield
wipers (49 CFR 393.60(e)(1)).
A. Temporary Exemptions
Since the Agency amended § 393.60
in 2016, FMCSA has granted a number
of temporary exemptions for the
placement of safety technologies and
devices that require a clear forwardfacing visual field for proper operation.
These devices either need to be
mounted within the swept area of the
windshield, or should be mounted on
the windshield so that the driver does
not have to take his/her eyes off the road
to look at the device, such as Global
Positioning System (GPS) displays.
On August 3, 2017 (82 FR 36182),
FMCSA granted Hino Motors a 5-year
exemption from 49 CFR 393.60(e)(1) on
behalf of motor carriers to operate CMVs
manufactured by Hino equipped with
Automated Emergency Braking/Lane
Departure Warning system cameras
mounted in the approximate center of
the windshield such that the bottom
edge of the camera is not more than 7
inches below the upper edge of the
windshield and outside the driver’s
sight lines to all mirrors, highway signs,
signals, and view of the road ahead.
On January 31, 2018 (83 FR 4543),
FMCSA granted DTNA a 5-year
exemption from 49 CFR 393.60(e)(1) on
behalf of CMVs manufactured by DTNA
equipped with the Attention Assist and
Lane Departure Warning system camera
mounted in the approximate center of
the windshield such that the bottom
edge of the camera is not more than 8.5
inches below the top of the area swept
by the windshield wipers and outside
the driver’s sight lines to all mirrors,
highway signs, signals, and view of the
road ahead.
On August 22, 2018 (83 FR 42552),
FMCSA granted Traditional Trucking
Corporation a 5-year exemption from 49
CFR 393.60(e)(1) on behalf of motor
carriers to operate CMVs equipped with
GPS devices 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.
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On April 15, 2019 (84 FR 15284),
FMCSA granted SmartDrive a 5-year
exemption from 49 CFR 393.60(e)(1) on
behalf of motor carriers to operate CMVs
equipped with the SmartDrive’s
Advanced Driver Assistance System
(ADAS) camera system mounted in the
approximate center of the windshield
such that the bottom edge of the camera
is not more than 8 inches below the
upper edge of the swept area of the
windshield wiper and outside the
driver’s sight lines to all mirrors,
highway signs, signals, and view of the
road ahead.
On November 25, 2019 (84 FR 64952),
FMCSA granted Navistar a 5-year
exemption from 49 CFR 393.60(e)(1) on
behalf of motor carriers to operate CMVs
equipped with Navistar’s ADAS
mounted in approximately the top
center of the windshield and such that
the bottom edge of the camera housing
is approximately 8 inches below the
upper edge of the windshield, outside of
the driver’s normal sight lines to the
road ahead, highway signs and signals,
and all mirrors.
On May 21, 2020 (85 FR 31021),
FMCSA granted Lytx, Inc. a 5-year
exemption from 49 CFR 393.60(e)(1) on
behalf of motor carriers to operate CMVs
equipped with Lytx’s ADAS mounted in
approximately the top center of the
windshield and such that the bottom
edge of the camera housing is
approximately 8 inches below the upper
edge of the area swept by the
windshield wipers, outside of the
driver’s normal sight lines to the road
ahead, highway signs and signals, and
all mirrors.
On October 9, 2020 (85 FR 64220),
FMCSA granted Nauto, Inc. a 5-year
exemption from 49 CFR 393.60(e)(1) on
behalf of motor carriers to operate CMVs
equipped with Nauto’s multi-sensor
device mounted in approximately the
top center of the windshield and such
that the bottom edge of the multi-sensor
device housing is approximately 8
inches below the upper edge of the area
swept by the windshield wipers, outside
of the driver’s normal sight lines to the
road ahead, highway signs and signals,
and all mirrors.
On October 28, 2020 (85 FR 68409),
FMCSA granted Samsara Networks, Inc.
a 5-year exemption from 49 CFR
393.60(e)(1) on behalf of motor carriers
to operate CMVs equipped with
Samsara’s AI Dash Cam device mounted
in approximately the top center 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 normal sight lines to the road
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ahead, highway signs and signals, and
all mirrors.
On November 24, 2020 (85 FR 75106),
FMCSA granted J.J. Keller & Associates,
Inc. a 5-year exemption from 49 CFR
393.60(e)(1) on behalf of motor carriers
operating CMVs equipped with J. J.
Keller’s ADAS camera mounted in
approximately the top center of the
windshield and such that the bottom
edge of the camera housing is
approximately 8 inches below the upper
edge of the area swept by the
windshield wipers, outside of the
driver’s normal sight lines to the road
ahead, highway signs and signals.
On December 18, 2020 (85 FR 82575),
FMCSA granted Netradyne Inc. a 5-year
exemption from 49 CFR 393.60(e)(1) on
behalf of motor carriers operating CMV’s
utilizing the Netradyne Driveri® Dash
Cam which is mounted near the top
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, and outside the driver’s sight
lines to the road and highway signs and
signals.
B. Petition for Rulemaking
On March 10, 2019, DTNA petitioned
the Agency to initiate a rulemaking to
amend 49 CFR 393.60, ‘‘Parts and
Accessories Necessary for Safe
Operation, Glazing in Specified
Openings.’’ 1 DTNA sought a revision to
49 CFR 393.60(e)(l)(ii)(A) to allow
safety-enhancing technologies to be
placed on the interior of the windshield
within 8.5 inches below the upper edge
of the area swept by the windshield
wipers, which would make permanent
the exemption the Agency granted
DTNA in 2018. The petition also asked
FMCSA to expand the definition of
vehicle safety technology, found at
§ 393.5, to include additional items of
equipment that are intended to promote
driver, occupant, and roadway safety.
These items included braking warning
systems, braking assist systems,
automatic emergency braking, driver
camera system, attention assist warning,
and traffic sign recognition.
VI. Discussion of Proposed Rulemaking
FMCSA proposes to amend
§ 393.60(e) to allow certain additional
vehicle safety technologies to be
mounted on the interior of the
windshield of a CMV, within a defined
portion of the swept area of the
windshield. FMCSA is proposing to
modify the definition of vehicle safety
technology in § 393.5 of the FMCSRs, to
1 The petition is available at https://
www.fmcsa.dot.gov/regulations/petitions-0.
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add technologies that had been granted
temporary exemptions from § 393.60(e)
since the 2016 final rule. Consistent
with the terms and conditions outlined
in the various temporary exemptions
currently in effect, FMCSA proposes to
require devices that must be mounted
within the area swept by the windshield
wipers to be located (1) not more than
216 mm (8.5 inches) below the upper
edge, and (2) not more than 175 mm (7
inches) above the lower edge of the
swept area. Additionally, and consistent
with the existing regulation and the
terms and conditions of the temporary
exemptions, the devices would have to
be located outside the driver’s sight
lines to the road and highway signs and
signals.
Similar to the 2016 amendments to
§ 393.60, this NPRM proposes to update
the FMCSRs in response to the
development and proliferation of
devices that utilize new and innovative
vehicle safety technologies that did not
exist at the time the previous
requirements were adopted. If finalized,
this NPRM rule would add GPS to the
list of vehicle safety technologies even
though the GPS display does not require
a clear forward-facing visual field
through the windshield. As discussed in
the Traditional Trucking Corporation
temporary exemption, GPS devices
cannot be mounted to the ‘‘face’’ of the
CMVs control panel as that area is
covered with controls and displays
necessary for the operation of the CMV.
The GPS device can be located on top
of the dash, which in many cases leaves
the GPS in the same visual field as if the
GPS were located on the windshield in
the lower allowable area. Mounting the
GPS lower on the dash would take the
driver’s eyes farther from the road. The
size of GPS display units is
approximately the same size as the
currently allowed vehicle safety
technologies in the driver’s visual field.
These devices/technologies have been
proven to improve safety and vehicle
operations.
The first temporary exemption from
§ 393.60(e)(1) was granted in March
2009, and FMCSA has over 12 years of
real-world experience overseeing motor
carriers operating CMVs using devices
mounted on the interior of the
windshield and marginally within the
area swept by the windshield wipers.
FMCSA is unaware of any crashes
during that time attributed to the
location of such devices.
To assist in development of the
proposed regulatory revisions, the
Agency specifically requests responses
to the following questions:
1. Does the definition of vehicle safety
technology need to be expanded further
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to address other potential technologies
and/or multifunction devices such as
electronic logging devices that
incorporate technologies such as GPS
that either require placement in the
approximate middle of the CMV
windshield or would benefit driver
safety by not diverting the CMV driver’s
eyes from the road and would be subject
to the positioning requirements of
§ 393.60(e)(1)?
2. Would the proposed position of
allowable vehicle safety technologies
(not more than 8.5 inches below the
upper and 7 inches above the lower
edge of the swept area of the
windshield) be sufficient for current and
developing devices?
VII. Section-by-Section Analysis
This section-by-section analysis
describes the proposed changes in
numerical order.
A. Section 393.5 Definitions
The definition for vehicle safety
technology would be revised by adding
more examples of vehicle safety
technologies to those listed in the
definition.
B. Section 393.60 Glazing in Specified
Openings
This section would be revised by
replacing ‘‘100 mm (4 inches)’’ with
‘‘216 mm (8.5 inches)’’ in paragraph
(e)(1)(ii)(A). Additionally, a new
paragraph (e)(1)(ii)(C) would be added
to read ‘‘Outside the driver’s sight lines
to the road and highway signs and
signals.’’
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VIII. Regulatory Analyses
A. Executive Order (E.O.) 12866
(Regulatory Planning and Review), E.O.
13563 (Improving Regulation and
Regulatory Review), and DOT
Regulatory Policies and Procedures
FMCSA has considered the impact of
this notice of proposed rulemaking
under E.O. 12866 (58 FR 51735, Oct. 4,
1993), Regulatory Planning and Review,
E.O. 13563 (76 FR 3821, Jan. 21, 2011),
Improving Regulation and Regulatory
Review, and DOT’s regulatory policies
and procedures. OIRA determined that
this notice of proposed rulemaking is
not a significant regulatory action under
section 3(f) of E.O. 12866, as
supplemented by E.O. 13563, and does
not require an assessment of potential
costs and benefits under section 6(a)(3)
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of that Order. Accordingly, OMB has not
reviewed it under these Orders.
Additionally, this NPRM supports
Executive Order 13859 which states that
‘‘the policy of the United States
Government is to sustain and enhance
the scientific, technological, and
economic leadership position of the
United States in AI [artificial
intelligence].’’ 2 The deployment of AI
holds the promise to improve efficiency,
effectiveness, safety, fairness, welfare,
transparency, and other economic and
social goals, and America’s continued
status as a global leader in AI
development is important to preserving
our economic and national security. The
importance of developing and deploying
AI requires a regulatory approach that
fosters innovation and growth and
engenders trust, while protecting core
American values, through both
regulatory and non-regulatory actions
and reducing unnecessary barriers to the
development and deployment of AI. To
support innovation and growth in the
technological sector of CMV safety,
FMCSA is issuing this NPRM as a
response to a rulemaking petition from
DTNA.3
Baseline for the Analysis
The mounting of devices on the
interior of the windshield within the
area swept by the windshield wipers is
prohibited under 49 CFR 393.60(e),
unless they are vehicle safety
technologies. FMCSA has authority
under 49 U.S.C. 31315(b) to grant
exemptions from certain parts of the
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. FMCSA notes
that the burden associated with
preparing an exemption request is not
included in a currently approved
information collection request (ICR),
and is pursuing completion of that ICR
outside of this rulemaking.
2 See Exec. Order No. 13,859, section 1, 84 FR
3967
3 https://www.fmcsa.dot.gov/regulations/
petitions-0.
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35453
As originally enacted, 49 U.S.C.
31315(b) allowed an exemption from a
regulation (and a renewal) for no longer
than 2 years from its approval date.
Section 5206(a)(3) of the FAST Act
(Pub. L. 114–94, 129 Stat. 1312, 1534–
1535 Dec. 4, 2015) amended section
31315(b) to allow an exemption to be
granted for no longer than 5 years and
to be renewed, upon request, for
subsequent periods no longer than 5
years. 49 CFR 381.300 (b)
Section 393.60(e)(1)(i) of the FMCSRs
prohibits the obstruction of the driver’s
field of view by devices mounted on the
interior 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 outside the driver’s sight lines to
the road and highway signs and signals.
Section 393.60(e)(1)(i) does not apply to
vehicle safety technologies, as defined
in 49 CFR 390.5, including ‘‘a fleetrelated incident management system,
performance or behavior management
system, speed management system, lane
departure warning 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 outside the driver’s sight
lines to the road and highway signs and
signals.
This NPRM proposes revisions to 49
CFR 393.60 to expand the area where
vehicle safety technologies (e.g., lane
departure warning systems, forward
collision warning and mitigation
systems utilizing automated emergency
braking, enhanced driver performance
and behavior management and coaching
systems) could be installed on the
interior of windshields of CMVs. The
NPRM, if finalized consistent with the
terms proposed, would generate cost
savings for both industry and
government and is anticipated to
achieve a level of safety equivalent to,
or greater than, the level that would be
achieved by the current regulation.
Table 1 provides a summary of the
affected population, costs, cost savings,
and benefits of this NPRM.
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TABLE 1—SUMMARY OF THE IMPACTS OF THIS NPRM
Category
Summary
Applicability ...............................................................................................
Revisions to 49 CFR 393.60 to expand the area vehicle safety technologies could be installed on the interior windshield of CMVs.
Potentially, all CMVs, as defined in 49 CFR 390.5.
There would be no costs to industry or the Federal Government.
10-year: $3,992.
Annualized: $568.
10-year: $71,196.
Annualized: $10,136.
10-year: $75,189.
Annualized: $10,705.
This NPRM, if finalized, would provide a greater available area for the
voluntary deployment of windshield-mounted safety technologies
such as lane departure warning systems and automated emergency
braking safety systems which have the potential to reduce fatalities,
injuries, and property damages while maintaining a level of safety
equivalent to, or greater than, the level that would be achieved by
the current regulation.
Affected Population ..................................................................................
Costs .........................................................................................................
Industry Costs Savings ($, 7 percent discount rate) ................................
Federal Government Cost Savings ($, 7 percent discount rate) .............
Total Cost Savings ($, 7 percent discount rate) ......................................
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Benefits .....................................................................................................
Cost, Cost Savings & Benefits
This NPRM proposes two changes to
the Parts and Accessories Necessary for
Safe Operation regulations in 49 CFR
part 393, subpart A and subpart D.
Under the existing § 393.5 definitions,
vehicle safety technology includes a
fleet-related incident management
system, performance or behavior
management system, speed management
system, lane departure warning system,
forward collision warning or mitigation
system, active cruise control system,
and transponder. Under the proposed
rulemaking § 393.5 definitions would
now also include braking warning
systems, braking assist systems,
automatic emergency braking, driver
camera systems, attention assist
warning, Global Positioning Systems
and traffic sign recognition. Vehicle
safety technology includes systems and
devices that contain cameras, lidar,
radar, sensors and/or video.
As a result of the proposed change,
there would be new examples of vehicle
safety technology devices and systems
which would better accommodate the
vehicle manufacturer advancements in
the field of driver assistance
technologies. The proposed change
would have no cost. There would be
benefits accrued through improved
safety performance of CMVs via fatality,
injury, and property damage prevention.
For example, lane departure warning
systems are anticipated to prevent
accidents involving striking a car in an
adjoining lane, which could either
involve ‘‘sideswiping’’ a vehicle
traveling in the same direction or hitting
a vehicle traveling in the opposite
direction, and rollovers, which often
occur when a vehicle leaves the road.
Additionally, automatic Emergency
Braking systems engage dynamic brake
support or crash-imminent braking to
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potentially save lives and reduce
moderate and less severe rear-end
crashes.
With regards to the existing § 393.60,
(e)(1)(ii), Paragraph (e)(1)(i) of this
section does not apply to vehicle safety
technologies, as defined in § 393.5, that
are mounted on the interior of a
windshield. Devices with vehicle safety
technologies must be mounted outside
the driver’s sight lines to the road and
to highway signs and signals, and:
• Not more than 100 mm (4 inches)
below the upper edge of the area swept
by the windshield wipers.
• Not more than 175 mm (7 inches)
above the lower edge of the area swept
by the windshield wipers.
Under the proposed change to
§ 393.60, (e)(1)(ii), Paragraph (e)(1)(i) of
this section does not apply to vehicle
safety technologies, as defined in
§ 393.5, that are mounted on the interior
of a windshield. Devices with vehicle
safety technologies must be mounted
outside the driver’s sight lines to the
road and to highway signs and signals,
and:
• Not more than 216 mm (8.5 inches)
below the upper edge of the area swept
by the windshield wipers; or
• Not more than 175 mm (7 inches)
above the lower edge of the area swept
by the windshield wipers; and
• Outside the driver’s sight lines to
the road and highway signs and signals.
This proposed change would expand
the area available for mounting vehicle
safety technologies on the interior of a
windshield. The proposed change
would have no cost but would result in
an annualized cost savings from
reduced exemption application and
approval process. The cost savings are
estimated to be $12,184 and $10,705 at
3 percent and 7 percent discount rates.
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Wage Rates
For this analysis, we calculated
private sector wages using 2019 wage
data from the U.S. Bureau of Labor
Statistics (BLS) Occupational
Employment Statistics for the
Management of Companies and
Enterprises (North American Industry
Classification System 551100). We used
median hourly wage for Standard
Occupational Classification Code 11–
2021—Marketing Managers which is
$65.79.4
We added a load factor to the industry
wages for Marketing Managers using
December 2019 wage and total
compensation data from the BLS
Employer Costs for Employee
Compensation (ECEC) survey, which
accounts for employee benefits. This
load factor represents the total benefits
as a percentage of total salary.5 We
multiply the median hourly wage by the
load factor to get the full loaded wage
of $94.74.
We utilize Federal Government
employee wage rates based on the Office
of Personnel Management (OPM) 2019
General Schedule (GS) pay for the DC–
MD–VA–WV–PA locality for a GS–15
grade.6 Using OPM data, we generate an
4 https://www.bls.gov/oes/2019/may/oes_nat.htm
(last accessed April 20, 2021).
5 We calculate the load factor for wages by
dividing total compensation by wages and salaries.
For this analysis, we used BLS’ ECEC/Management,
professional, and related occupations. Using
December 2019 data, we divided the total
compensation amount of $60.83 by the wage and
salary amount of $42.33 to get the load factor of
1.44 ($60.83 divided by $42.33). This data is found
in table 9 of the ECEC Historical Listing. https://
www.bls.gov/web/ecec/ececqrtn.pdf.
6 https://www.opm.gov/policy-data-oversight/payleave/salaries-wages/salary-tables/pdf/2019/
DCB.pdf.
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hourly wage for a GS–15 Step 1 grade
to be $66.05.7
OMB publishes an object class
analysis of the budget of the U.S.
Government.8 The object class provides
the actual values that, in 2019, DOT
spent $5,931 million in full-time
permanent employee compensation and
$2,497 million in civilian employee
benefits. Based on this, FMCSA
estimates a fringe benefit rate of 42.10
percent (2,497/5,931) for FMCSA
personnel or $27.81 ($66.05 × 42.10
percent). The fully loaded hourly wage
for a GS–15 Step 1 is $93.86 ($66.05 +
$27.81).
Costs
Motor carriers, industry technological
manufacturers, and drivers would not
incur any new costs associated with this
NPRM. Adopting and using windshieldmounted technologies is purely
optional. Those who install and use
windshield-mounted technologies
would experience no added burdens or
costs.
In CMVs, drivers sit in an elevated
position that greatly improves the
forward visual field. When FMCSA
previously granted exemptions, it found
that doing so would likely achieve a
level of safety equivalent to, or greater
than, the level of safety achieved
without the exemption. As described in
Section VI. of this NPRM, since issuing
the first temporary exemption from
§ 393.60(e)(1) in 2009, FMCSA is
unaware of any crashes that have been
attributed to the location of such
devices.
The expanded location—not more
than 216 mm (8.5 inches) below the
upper edge of the area swept by the
windshield wipers, and not more than
175 mm (7 inches) above the lower edge
of the area swept– is expected to keep
pace with technological advances and
further aid in meeting the statutory
requirements of the FAST Act. The
expanded area is outside the driver’s
line of sight to the road, highway signs,
and signals.
Cost Savings
We anticipate that this NPRM, if
finalized consistent with the terms
proposed, would generate cost savings
to (1) motor carrier companies that file
fewer periodic exemption requests, and
(2) the Federal Government by reducing
the volume of exemption requests to be
reviewed and processed.
Several manufacturers of windshieldmounted technologies have requested
exemptions from FMCSA. We estimate
that this takes about 2 hours of company
time. Manufacturers, on average, apply
for 3 exemptions per year. Table 3
provides the 10-year time horizon cost
savings stream based on the yearly
undiscounted $568 (rounded to the
nearest whole dollar) cost savings to
industry if this NPRM would be
finalized in 2022.9
TABLE 3—TOTAL AND ANNUALIZED COST SAVINGS TO INDUSTRY 10
Total
undiscounted
costs savings
Year
Total discounted
7 percent
3 percent
2022 .............................................................................................................................................
2023 .............................................................................................................................................
2024 .............................................................................................................................................
2025 .............................................................................................................................................
2026 .............................................................................................................................................
2027 .............................................................................................................................................
2028 .............................................................................................................................................
2029 .............................................................................................................................................
2030 .............................................................................................................................................
2031 .............................................................................................................................................
Total ......................................................................................................................................
$568
568
568
568
568
568
568
568
568
568
5,684
$531
496
464
434
405
379
354
331
309
289
3,992
$552
536
520
505
490
476
462
449
436
423
5,519
Annualized ............................................................................................................................
........................
568
647
Federal Government employees who
possess the technical knowledge
required to review windshield
exemption applications are senior
engineers and attorneys at the GS–15
grade. A final approval letter for an
exemption is granted by the Associate
Administrator at the Senior Executive
Service level.11 We estimate the total
time from initial exemption receipt to
final approval to be 12 hours. Table 4
provides the 10-year time horizon cost
savings stream based on the yearly
undiscounted $10,137 (rounded to the
nearest whole dollar) cost savings to the
Federal Government if this NPRM
would be finalized in 2022.12
TABLE 4—TOTAL AND ANNUALIZED COST SAVINGS TO THE FEDERAL GOVERNMENT 13
Total
undiscounted
costs savings
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Year
2022
2023
2024
2025
2026
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
7 https://www.opm.gov/policy-data-oversight/payleave/salaries-wages/salary-tables/pdf/2019/DCB_
h.pdf.
8 https://www.govinfo.gov/content/pkg/BUDGET2021-OBJCLASS/pdf/BUDGET-2021-OBJCLASS.pdf.
9 Loaded Hourly wage × Number of Hours ×
Average number of exemptions ($94.74 × 2 × 3).
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10 (Total Cost Savings in this table may not equal
the sum total of yearly cost savings due to rounding
in underlying calculations).
11 The Agency is assuming that an Associate
Administrator at the Senior Executive Service level
is equivalent to a GS–15 grade for the purpose of
this analysis.
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$10,137
10,137
10,137
10,137
10,137
Total discounted
7 percent
$9,474
8,854
8,275
7,733
7,227
3 percent
$9,842
9,555
9,277
9,006
8,744
12 Loaded Hourly Wage × Number of Hours ×
Average number of exemptions x Personnel ($93.86
× 12 × 3 × 3).
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TABLE 4—TOTAL AND ANNUALIZED COST SAVINGS TO THE FEDERAL GOVERNMENT 13—Continued
Total
undiscounted
costs savings
Year
Total discounted
7 percent
3 percent
2027 .............................................................................................................................................
2028 .............................................................................................................................................
2029 .............................................................................................................................................
2030 .............................................................................................................................................
2031 .............................................................................................................................................
Total ......................................................................................................................................
10,137
10,137
10,137
10,137
10,137
101,368
6,755
6,313
5,900
5,514
5,153
71,197
8,489
8,242
8,002
7,769
7,543
98,416
Annualized ............................................................................................................................
........................
10,137
11,537
Table 5 provides the total 10-year
time horizon cost savings stream based
on the yearly undiscounted cost savings
of $10,705 (rounded to the nearest
whole dollar) for both industry and the
Federal Government.
TABLE 5—TOTAL COST SAVINGS FOR INDUSTRY & THE FEDERAL GOVERNMENT 14
Total
undiscounted
costs savings
Year
7 percent
3 percent
2022 .............................................................................................................................................
2023 .............................................................................................................................................
2024 .............................................................................................................................................
2025 .............................................................................................................................................
2026 .............................................................................................................................................
2027 .............................................................................................................................................
2028 .............................................................................................................................................
2029 .............................................................................................................................................
2030 .............................................................................................................................................
2031 .............................................................................................................................................
Total ......................................................................................................................................
$10,705
10,705
10,705
10,705
10,705
10,705
10,705
10,705
10,705
10,705
107,053
$10,005
9,350
8,739
8,167
7,633
7,133
6,667
6,231
5,823
5,442
75,189
$10,393
10,091
9,797
9,511
9,234
8,965
8,704
8,451
8,205
7,966
103,934
Annualized ............................................................................................................................
........................
10,705
12,184
Benefits
The Agency was unable to identify
literature that quantified the benefits of
increasing the allowable windshield
area for the mounting of vehicle safety
technologies. In the absence of such
analyses, the Agency did not quantify
benefits associated with the NPRM,
though it believes that the rule has the
potential to improve the safety of CMV
operations.15 16 The Agency also finds
that CMVs outfitted with vehicle safety
technologies under current exemptions
do not present an increased safety risk
compared to other CMVs.
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Total discounted
Discussion of Alternatives
When preparing this NPRM, FMCSA
considered two alternatives. In this
section, we examine how the cost of the
proposal would change with each
alternative.
Alternative 1:
No Action.
Using this alternative, FMCSA would
accept the status quo and not change the
13 (Total Cost Savings in this table may not equal
the sum total of yearly cost savings due to rounding
in underlying calculations).
14 (Total Cost Savings in this table may not equal
the sum total of yearly cost savings due to rounding
in underlying calculations).
15 https://rosap.ntl.bts.gov/view/dot/4.
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current exemption approval
requirements. This alternative currently
limits the windshield area in which new
safety technologies can be mounted to
not more than 100 mm (4 inches) below
the upper edge of the area swept by the
windshield wipers or not more than 175
mm (7 inches) above the lower edge of
the area swept by the windshield
wipers. This alternative does not favor
innovation and technological growth,
nor does it reduce the overall burden to
industry of applying for, and to the
Federal Government of reviewing,
exemptions. This alternative would
maintain the approximately $10,705
(annualized, 7 percent discount rate) in
annual costs associated with the overall
exemption request and approval
process.
Alternative 2:
Preferred Alternative— Revise 49 CFR
393.60 to expand the windshield area
where vehicle safety technologies could
be installed on CMVs and revise 49 CFR
16 https://rosap.ntl.bts.gov/view/dot/10.
‘‘major rule’’ means any rule that OMB finds
has resulted in or is likely to result in (a) an annual
effect on the economy of $100 million or more; (b)
a major increase in costs or prices for consumers,
individual industries, Federal agencies, State
agencies, local government agencies, or geographic
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17 A
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393.5 to broaden the definition of
vehicle safety technology.
Using this alternative, FMCSA would
increase the allowable windshield area
for installation of vehicle safety
technologies. This would lead to an
estimated $10,705 in annual cost
savings without any estimated cost
increase or reduction in benefits, as this
analysis shows.
B. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801–808), the Office of
Information and Regulatory Affairs
designated this rule as not a ‘‘major
rule,’’ as defined by 5 U.S.C. 804(2).17
C. Advance Notice of Proposed
Rulemaking
Under 49 U.S.C. 31136(g), FMCSA is
required to publish an advance notice of
proposed rulemaking (ANPRM) or
proceed with a negotiated rulemaking, if
a proposed rule is likely to lead to the
promulgation of a major rule. As this
regions; or (c) significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the ability of United
States-based enterprises to compete with foreignbased enterprises in domestic and export markets
(5 U.S.C. 804(2)).
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proposed rule is not likely to result in
the promulgation of a major rule, the
Agency is not required to issue an
ANPRM or to proceed with a negotiated
rulemaking.
D. Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.), as amended by the
Small Business Regulatory Enforcement
Fairness Act of 1996,18 requires Federal
agencies to consider the effects of the
regulatory action on small business and
other small entities and to minimize any
significant economic impact. The term
‘‘small entities’’ comprises small
businesses and not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000 (5 U.S.C.
601(6)). Accordingly, DOT policy
requires an analysis of the impact of all
regulations on small entities, and
mandates that agencies strive to lessen
any adverse effects on these businesses.
The Agency expects that this NPRM,
if finalized consistent with the proposed
terms, would not have a significant
economic impact on small entities. We
expect a final rule consistent with the
NPRM to result in cost savings to
industry and the Federal Government.
FMCSA expects the average costs to
manufacturers of windshield-mounted
equipment associated with avoiding the
need for exemption applications would
be reduced by $568 per year
(annualized, 7 percent discount rate).
We calculate that 100 percent of small
equipment manufacturers impacted by
this NPRM would have a cost savings
less than 1 percent of their annual
revenue. No small governmental
jurisdictions would be impacted by this
NPRM.
Consequently, I certify that the
proposed action would not have a
significant economic impact on a
substantial number of small entities. If
you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this NPRM would have a
significant economic impact on it,
please submit a comment to the docket
at the address listed in the ADDRESSES
section of this preamble. In your
comment, explain why you think it
qualifies and how and to what degree
this NPRM would economically affect it.
Enforcement Fairness Act of 1996,19
FMCSA wants to assist small entities in
understanding this NPRM so they can
better evaluate its effects on themselves
and participate in the rulemaking
initiative. If the NPRM would affect
your small business, organization, or
governmental jurisdiction and you have
questions concerning its provisions or
options for compliance; please consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
Small businesses may send comments
on the actions of Federal employees
who enforce or otherwise determine
compliance with Federal regulations to
the Small Business Administration’s
Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of FMCSA, call 1–888–REG–
FAIR (1–888–734–3247). DOT has a
policy regarding the rights of small
entities to regulatory enforcement
fairness and an explicit policy against
retaliation for exercising these rights.
F. Unfunded Mandates Reform Act of
1995
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions.
The Act addresses actions that may
result in the expenditure by a State,
local, or Tribal government, in the
aggregate, or by the private sector of
$170 million (which is the value
equivalent of $100 million in 1995,
adjusted for inflation to 2020 levels) or
more in any 1 year. Because this NPRM
would not result in such an
expenditure, a written statement is not
required. However, FMCSA does
discuss the costs and benefits of this
NPRM in the preamble.
G. Paperwork Reduction Act
35457
H. E.O. 13132 (Federalism)
A rule has implications for federalism
under section 1(a) of E.O. 13132 if it has
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’ FMCSA has
determined that this rule would not
have substantial direct costs on or for
States, nor would it limit the
policymaking discretion of States.
Nothing in this document preempts any
State law or regulation. Therefore, this
rule does not have sufficient federalism
implications to warrant the preparation
of a Federalism Impact Statement.
I. Privacy
The Consolidated Appropriations Act,
2005,20 requires the Agency to assess
the privacy impact of a regulation that
will affect the privacy of individuals.
This NPRM would not require the
collection of personally identifiable
information (PII). Because this NPRM
does not require the collection of PII,
the Agency is not required to conduct a
privacy impact assessment (PIA).
Section 208 of the E-Government Act of
2002 (44 U.S.C. 3501 note) requires
Federal agencies to conduct a PIA for
new or substantially changed
technology that collects, maintains, or
disseminates information in an
identifiable form. No new or
substantially changed technology would
collect, maintain, or disseminate
information as a result of this rule.
Accordingly, FMCSA has not conducted
a PIA.
The Agency will complete a Privacy
Threshold Assessment (PTA) to evaluate
the risks and effects the NPRM might
have on collecting, storing, and sharing
personally identifiable information. The
DOT Privacy Office has determined that
this rulemaking does not create privacy
risk.
J. E.O. 13175 (Indian Tribal
Governments)
E. Assistance for Small Entities
In accordance with section 213(a) of
the Small Business Regulatory
This NPRM contains no new
information collection requirements
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3520). FMCSA
notes that the burden associated with
preparing an exemption request is not
included in a currently approved
information collection request (ICR),
and is pursuing completion of that ICR
outside of this rulemaking.
This rule does not have Tribal
implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
does not have a substantial direct effect
on one or more Indian Tribes, on the
relationship between the Federal
Government and Indian Tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian Tribes.
18 Public Law 104–121, 110 Stat. 857, (Mar. 29,
1996).
19 Public Law 104–121, 110 Stat. 857, (Mar. 29,
1996).
20 Public Law 108–447, 118 Stat. 2809, 3268, note
following 5 U.S.C. 552a (Dec. 4, 2014).
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35458
Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Proposed Rules
K. National Environmental Policy Act of
1969
FMCSA analyzed this NPRM for the
purpose of the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C.
4321 et seq.) and determined this action
is categorically excluded from further
analysis and documentation in an
environmental assessment or
environmental impact statement under
FMCSA Order 5610.1 (69 FR 9680),
Appendix 2, paragraph 6.bb. The
Categorical Exclusion (CE) in paragraph
6.bb. addresses regulations concerning
vehicle operation safety standards (e.g.,
regulations requiring: Certain motor
carriers to use approved equipment
which is required to be installed such as
an ignition cut-off switch, or carried
onboard, such as a fire extinguisher,
and/or stricter blood alcohol
concentration standards for drivers,
etc.), equipment approval, and/or
equipment carriage requirements (e.g.,
fire extinguishers and flares).
The proposed requirements in this
rule are covered by this CE and the
NPRM does not have any effect on the
quality of the environment.
jbell on DSKJLSW7X2PROD with PROPOSALS
List of Subjects in 49 CFR Part 393
Highway safety, Motor carriers, Motor
vehicle safety.
Accordingly, FMCSA proposes to
amend 49 CFR chapter III, part 393 as
follows:
VerDate Sep<11>2014
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PART 393—PARTS AND
ACCESSORIES NECESSARY FOR
SAFE OPERATION
1. The authority citation for part 393
continues to read as follows:
■
Authority: 49 U.S.C. 31136, 31151, and
31502; sec. 1041(b) of Pub. L. 102–240, 105
Stat. 1914, 1993 (1991); sec. 5301 and 5524
of Pub. L. 114–94, 129 Stat. 1312, 1543, 1560;
and 49 CFR 1.87.
2. Amend § 393.5 by revising the
definition of Vehicle safety technology
to read as follows:
■
§ 393.5
Definitions.
*
*
*
*
*
Vehicle safety technology. Vehicle
safety technology includes systems and
items of equipment to promote driver,
occupant and roadway safety. Examples
of vehicle safety technology systems and
devices include a fleet-related incident
management system, performance or
behavior management system, speed
management system, lane departure
warning system, forward collision
warning or mitigation system, active
cruise control system, transponder,
braking warning system, braking assist
system, automatic emergency braking,
driver camera system, attention assist
warning, Global Positioning Systems
and traffic sign recognition. Vehicle
safety technology includes systems and
PO 00000
Frm 00050
Fmt 4702
Sfmt 9990
devices that contain cameras, lidar,
radar, sensors and/or video.
*
*
*
*
*
■ 3. Amend § 393.60 by revising
paragraph (e)(1)(ii) to read as follows:
§ 393.60
Glazing in specified openings.
*
*
*
*
*
(e) Prohibition on obstructions to the
driver’s field of view—(1) Devices
mounted on the interior of the
windshield.
*
*
*
*
*
(ii) Paragraph (e)(1)(i) of this section
does not apply to vehicle safety
technologies, as defined in § 393.5, that
are mounted on the interior of a
windshield. Devices with vehicle safety
technologies must be mounted:
A. Not more than 216 mm (8.5 inches)
below the upper edge of the area swept
by the windshield wipers;
B. Not more than 175 mm (7 inches)
above the lower edge of the area swept
by the windshield wipers; and
C. Outside the driver’s sight lines to
the road and highway signs and signals.
*
*
*
*
*
Issued under the authority of delegation in
49 CFR 1.87
Meera Joshi,
Deputy Administrator.
[FR Doc. 2021–14040 Filed 7–2–21; 8:45 am]
BILLING CODE 4910–EX–P
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[Federal Register Volume 86, Number 126 (Tuesday, July 6, 2021)]
[Proposed Rules]
[Pages 35449-35458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14040]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 393
[Docket No. FMCSA-2021-0037]
RIN 2126-AC42
Parts and Accessories Necessary for Safe Operation; Authorized
Windshield Area for the Installation of Vehicle Safety Technology
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: FMCSA proposes to amend the Federal Motor Carrier Safety
Regulations (FMCSRs) to increase the area within which certain vehicle
safety technology devices may be mounted on the interior of the
commercial motor vehicle (CMV) windshields. In addition, FMCSA proposes
to add items to the definition of vehicle safety technology. This NPRM
responds to a rulemaking petition from Daimler Trucks North America
(DTNA).
DATES: Comments must be received on or before August 5, 2021.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2021-0037 using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2021-0037/document. Follow the online
instructions for submitting comments.
Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, Room W12-140, Washington, DC 20590-0001, between 9 a.m.
and 5 p.m., 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.
Fax: (202) 493-2251.
FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Policy, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001;
(202) 366-0676; [email protected]. If you have questions on viewing or
submitting material to the docket, call Dockets Operations at (202)
366-9826.
SUPPLEMENTARY INFORMATION:
FMCSA organizes this NPRM as follows:
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
II. Executive Summary
A. Purpose and Summary of the Regulatory Action
B. Costs and Benefits
III. Abbreviations
IV. Legal Basis
V. Background
A. Temporary Exemptions
B. Petition To Initiate Rulemaking
VI. Discussion of Proposed Rulemaking
VII. Section-By-Section Analysis
VIII. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563
(Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
B. Congressional Review Act
C. Waiver of Advance Notice of Proposed Rulemaking
D. Regulatory Flexibility Act (Small Entities)
E. Assistance for Small Entities
F. Unfunded Mandates Reform Act of 1995
[[Page 35450]]
G. Paperwork Reduction Act (Collection of Information)
H. E.O. 13132 (Federalism)
I. Privacy
J. E.O. 13175 (Indian Tribal Governments)
K. National Environmental Policy Act of 1969
I. Public Participation and Request For Comments
A. Submitting Comments
If you submit a comment, please include the docket number for this
NPRM (FMCSA-2021-0037), indicate the specific section of this document
to which your comment applies, and provide a reason for each suggestion
or recommendation. You may submit your comments and material online or
by fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2021-0037/document, click on this NPRM, click ``Comment,''
and type your comment into the text box on the following screen.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
FMCSA will consider all comments and material received during the
comment period.
Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the NPRM contain commercial or financial
information that is customarily treated as private, that you actually
treat as private, and that is relevant or responsive to the NPRM, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission that constitutes CBI as
``PROPIN'' to indicate it contains proprietary information. FMCSA will
treat such marked submissions as confidential under the Freedom of
Information Act, and they will not be placed in the public docket of
the NPRM. Submissions containing CBI should be sent to Mr. Brian
Dahlin, Chief, Regulatory Analysis Division, Office of Policy, Federal
Motor Carrier Safety Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001. Any comments FMCSA receives not specifically
designated as CBI will be placed in the public docket for this
rulemaking.
B. Viewing Comments and Documents
To view documents mentioned as being available in the docket, go to
https://www.regulations.gov/docket/FMCSA-2021-0037/document and choose
the document to review. To view comments, click this NPRM, 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., 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.
C. Privacy Act
DOT solicits comments from the public to better inform its
rulemaking process, in accordance with 5 U.S.C. 553(c). 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--Federal Docket Management System
(FDMS)), which can be reviewed at www.transportation.gov/privacy.
II. Executive Summary
A. Purpose and Summary of the Regulatory Action
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.
Section 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.
Specifically, the Agency proposes to modify Sec. 393.60(e)(1)(ii)
to increase from 100 mm (4 inches) to 216 mm (8.5 inches) the distance
below the upper edge of the area swept by the windshield wipers within
which vehicle safety technologies may be mounted. The other parameters
would remain unchanged. The Agency believes the potential economic
impact of these changes is negligible. The proposed amendments do not
impose new or more stringent requirements, but simply codify the
temporary exemptions granted pursuant to 49 CFR part 381 that allow the
use of the devices/technologies in locations that would previously have
been a violation of Sec. 393.60(e)(1). More importantly, the
amendments do not mandate the use of any devices/technologies, but
simply permit their voluntary use while mounted in a location that
maximizes their effectiveness without impairing operational safety.
B. Costs and Benefits
The Agency expects that if a final rule is adopted consistent with
this NPRM, it would generate cost savings for both industry and the
Federal Government by reducing the overall time burden associated with
the exemption request and approval process associated with 49 U.S.C.
31315 and the implementing regulations under 49 CFR part 381. The
Agency estimates this NPRM would result in total annualized cost
savings of $12,184 and $10,705 at 3 percent and 7 percent discount
rates, respectively.
III. Abbreviations
ADAS Advanced Driver Assistance System
ANPRM Advance Notice of Proposed Rulemaking
BLS U.S. Bureau of Labor Statistics
CE Categorical Exclusion
CIB Crash Imminent Braking
CMV Commercial Motor Vehicle
DOT Department of Transportation
DBS Dynamic Brake Support
DTNA Daimler Trucks North America
ECEC Employer Costs for Employee Compensation
ELD Electronic Logging Devices
E.O. Executive Order
FASTAct Fixing America's Surface Transportation Act
FMCSA Federal Motor Carrier Safety Administration
FMCSRs Federal Motor Carrier Safety Regulations
FR Federal Register
GS General Schedule
GPS Global Positioning System
[[Page 35451]]
NEPA National Environmental Policy Act of 1969
NPRM Notice of Proposed Rulemaking
OMB Office of Management and Budget
PIA Privacy Impact Assessment
PII Personally Identifiable Information
Secretary Secretary of Transportation
U.S.C. United States Code
IV. Legal Basis for the Rulemaking
This NPRM is based on the authority of the Motor Carrier Act, 1935
[1935 Act], the Motor Carrier Safety Act of 1984 [1984 Act], and the
Fixing America's Surface Transportation (FAST) Act.
The 1935 Act, as amended, provides that ``[t]he Secretary of
Transportation may prescribe requirements for--(1) qualifications and
maximum hours of service of employees of, and safety of operation and
equipment of, a motor carrier; and (2) qualifications and maximum
hours-of-service of employees of, and standards of equipment of, a
motor private carrier, when needed to promote safety of operation.''
[49 U.S.C. 31502(b)].
The 1984 Act provides concurrent authority to regulate drivers,
motor carriers, and vehicle equipment. It requires the Secretary to
``prescribe regulations on commercial motor vehicle safety. The
regulations shall prescribe minimum safety standards for commercial
motor vehicles. At a minimum, the regulations shall ensure that--(1)
commercial motor vehicles are maintained, equipped, loaded, and
operated safely; (2) the responsibilities imposed on operators of
commercial motor vehicles do not impair their ability to operate the
vehicles safely; (3) the physical condition of operators of commercial
motor vehicles is adequate to enable them to operate vehicles safely .
. . ; (4) the operation of commercial motor vehicles does not have a
deleterious effect on the physical condition of the operators; and (5)
an operator of a commercial motor vehicle is not coerced by a motor
carrier, shipper, receiver, or transportation intermediary to operate a
commercial motor vehicle in violation of a regulation promulgated under
this section, or chapter 51 or chapter 313 of this title.'' [49 U.S.C.
31136(a)].
Section 5301 of the FAST Act directs FMCSA to exempt voluntary
mounting of a vehicle safety technology on a windshield if that
technology is likely to achieve a level of safety that is equivalent to
or greater than the level of safety that would be achieved without the
exemption [Pub. L. 114-94, 129 Stat. 1312, 1543, Dec. 4, 2015]. Section
5301(c) also specifies that any regulatory exemption for windshield-
mounted technologies in effect on the date of enactment of the FAST Act
``shall be considered likely to achieve a level of safety that is
equivalent to or greater than the level of safety that would be
achieved absent an exemption . . . .''
This NPRM is based in part on the 1935 Act, which allows the Agency
to regulate the ``safety of operation and equipment'' of a motor
carrier and the ``standards of equipment'' of a motor private carrier.
The requirements of 49 U.S.C. 31136 (a)(1), (2), and (4) of the 1984
Act are also applicable to this rulemaking action. The Agency proposes
to amend 49 CFR part 393 to allow certain safety equipment to be
mounted within the area of the windshield swept by the windshield
wipers. The Agency believes that these changes will be welcomed by
motor carriers and drivers alike and that coercion to violate these
revised provisions, which is prohibited by Sec. 31136(a)(5), will not
be an issue. The NPRM does not involve the physical condition of
drivers under Sec. 31136(a)(3).
This NPRM rests in part on the intent of Congress expressed in
section 5301 of the FAST Act to exempt safety equipment mounted within
the swept area of windshields, provided such devices do not degrade
operational safety.
FMCSA must consider the ``costs and benefits'' of any proposal
before promulgating regulations (49 U.S.C. 31136(c)(2)(A), 31502(d)).
V. Background
The fundamental purpose of 49 CFR part 393, ``Parts and Accessories
Necessary for Safe Operation,'' is to ensure that no employer shall
operate a CMV, or cause or permit it to be operated, unless it is
equipped in accordance with the requirements and specifications of this
part. However, nothing contained in part 393 shall be construed to
prohibit the use of additional equipment and accessories, not
inconsistent with or prohibited by part 393, provided such equipment
and accessories do not decrease the safety of operation of the CMVs on
which they are used (Sec. 393.3).
Section 5301 of the FAST Act directed the Agency to amend the
FMCSRs to allow devices to be mounted on the windshield that utilize
``vehicle safety technology,'' as defined in the Act. In addition,
section 5301 stated that all windshield-mounted devices/technologies
with a limited 2-year exemption in effect on the date of enactment were
considered to meet the safety standard required for the initial
exemption, i.e., achieving a level of safety equivalent to, or greater
than, the level that would be achieved absent the exemption. On
September 23, 2016, FMCSA published a final rule titled ``Parts and
Accessories Necessary for Safe Operation; Windshield-Mounted
Technologies,'' (81 FR 65568), which amended the FMCSRs to allow the
voluntary mounting of certain devices on the interior of the
windshields of CMVs, including placement within the area that is swept
by the windshield wipers (49 CFR 393.60(e)(1)).
A. Temporary Exemptions
Since the Agency amended Sec. 393.60 in 2016, FMCSA has granted a
number of temporary exemptions for the placement of safety technologies
and devices that require a clear forward-facing visual field for proper
operation. These devices either need to be mounted within the swept
area of the windshield, or should be mounted on the windshield so that
the driver does not have to take his/her eyes off the road to look at
the device, such as Global Positioning System (GPS) displays.
On August 3, 2017 (82 FR 36182), FMCSA granted Hino Motors a 5-year
exemption from 49 CFR 393.60(e)(1) on behalf of motor carriers to
operate CMVs manufactured by Hino equipped with Automated Emergency
Braking/Lane Departure Warning system cameras mounted in the
approximate center of the windshield such that the bottom edge of the
camera is not more than 7 inches below the upper edge of the windshield
and outside the driver's sight lines to all mirrors, highway signs,
signals, and view of the road ahead.
On January 31, 2018 (83 FR 4543), FMCSA granted DTNA a 5-year
exemption from 49 CFR 393.60(e)(1) on behalf of CMVs manufactured by
DTNA equipped with the Attention Assist and Lane Departure Warning
system camera mounted in the approximate center of the windshield such
that the bottom edge of the camera is not more than 8.5 inches below
the top of the area swept by the windshield wipers and outside the
driver's sight lines to all mirrors, highway signs, signals, and view
of the road ahead.
On August 22, 2018 (83 FR 42552), FMCSA granted Traditional
Trucking Corporation a 5-year exemption from 49 CFR 393.60(e)(1) on
behalf of motor carriers to operate CMVs equipped with GPS devices
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.
[[Page 35452]]
On April 15, 2019 (84 FR 15284), FMCSA granted SmartDrive a 5-year
exemption from 49 CFR 393.60(e)(1) on behalf of motor carriers to
operate CMVs equipped with the SmartDrive's Advanced Driver Assistance
System (ADAS) camera system mounted in the approximate center of the
windshield such that the bottom edge of the camera is not more than 8
inches below the upper edge of the swept area of the windshield wiper
and outside the driver's sight lines to all mirrors, highway signs,
signals, and view of the road ahead.
On November 25, 2019 (84 FR 64952), FMCSA granted Navistar a 5-year
exemption from 49 CFR 393.60(e)(1) on behalf of motor carriers to
operate CMVs equipped with Navistar's ADAS mounted in approximately the
top center of the windshield and such that the bottom edge of the
camera housing is approximately 8 inches below the upper edge of the
windshield, outside of the driver's normal sight lines to the road
ahead, highway signs and signals, and all mirrors.
On May 21, 2020 (85 FR 31021), FMCSA granted Lytx, Inc. a 5-year
exemption from 49 CFR 393.60(e)(1) on behalf of motor carriers to
operate CMVs equipped with Lytx's ADAS mounted in approximately the top
center of the windshield and such that the bottom edge of the camera
housing is approximately 8 inches below the upper edge of the area
swept by the windshield wipers, outside of the driver's normal sight
lines to the road ahead, highway signs and signals, and all mirrors.
On October 9, 2020 (85 FR 64220), FMCSA granted Nauto, Inc. a 5-
year exemption from 49 CFR 393.60(e)(1) on behalf of motor carriers to
operate CMVs equipped with Nauto's multi-sensor device mounted in
approximately the top center of the windshield and such that the bottom
edge of the multi-sensor device housing is approximately 8 inches below
the upper edge of the area swept by the windshield wipers, outside of
the driver's normal sight lines to the road ahead, highway signs and
signals, and all mirrors.
On October 28, 2020 (85 FR 68409), FMCSA granted Samsara Networks,
Inc. a 5-year exemption from 49 CFR 393.60(e)(1) on behalf of motor
carriers to operate CMVs equipped with Samsara's AI Dash Cam device
mounted in approximately the top center 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 normal sight lines to the road ahead, highway
signs and signals, and all mirrors.
On November 24, 2020 (85 FR 75106), FMCSA granted J.J. Keller &
Associates, Inc. a 5-year exemption from 49 CFR 393.60(e)(1) on behalf
of motor carriers operating CMVs equipped with J. J. Keller's ADAS
camera mounted in approximately the top center of the windshield and
such that the bottom edge of the camera housing is approximately 8
inches below the upper edge of the area swept by the windshield wipers,
outside of the driver's normal sight lines to the road ahead, highway
signs and signals.
On December 18, 2020 (85 FR 82575), FMCSA granted Netradyne Inc. a
5-year exemption from 49 CFR 393.60(e)(1) on behalf of motor carriers
operating CMV's utilizing the Netradyne Driveri[supreg] Dash Cam which
is mounted near the top 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, and outside the driver's sight
lines to the road and highway signs and signals.
B. Petition for Rulemaking
On March 10, 2019, DTNA petitioned the Agency to initiate a
rulemaking to amend 49 CFR 393.60, ``Parts and Accessories Necessary
for Safe Operation, Glazing in Specified Openings.'' \1\ DTNA sought a
revision to 49 CFR 393.60(e)(l)(ii)(A) to allow safety-enhancing
technologies to be placed on the interior of the windshield within 8.5
inches below the upper edge of the area swept by the windshield wipers,
which would make permanent the exemption the Agency granted DTNA in
2018. The petition also asked FMCSA to expand the definition of vehicle
safety technology, found at Sec. 393.5, to include additional items of
equipment that are intended to promote driver, occupant, and roadway
safety. These items included braking warning systems, braking assist
systems, automatic emergency braking, driver camera system, attention
assist warning, and traffic sign recognition.
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\1\ The petition is available at https://www.fmcsa.dot.gov/regulations/petitions-0.
---------------------------------------------------------------------------
VI. Discussion of Proposed Rulemaking
FMCSA proposes to amend Sec. 393.60(e) to allow certain additional
vehicle safety technologies to be mounted on the interior of the
windshield of a CMV, within a defined portion of the swept area of the
windshield. FMCSA is proposing to modify the definition of vehicle
safety technology in Sec. 393.5 of the FMCSRs, to add technologies
that had been granted temporary exemptions from Sec. 393.60(e) since
the 2016 final rule. Consistent with the terms and conditions outlined
in the various temporary exemptions currently in effect, FMCSA proposes
to require devices that must be mounted within the area swept by the
windshield wipers to be located (1) not more than 216 mm (8.5 inches)
below the upper edge, and (2) not more than 175 mm (7 inches) above the
lower edge of the swept area. Additionally, and consistent with the
existing regulation and the terms and conditions of the temporary
exemptions, the devices would have to be located outside the driver's
sight lines to the road and highway signs and signals.
Similar to the 2016 amendments to Sec. 393.60, this NPRM proposes
to update the FMCSRs in response to the development and proliferation
of devices that utilize new and innovative vehicle safety technologies
that did not exist at the time the previous requirements were adopted.
If finalized, this NPRM rule would add GPS to the list of vehicle
safety technologies even though the GPS display does not require a
clear forward-facing visual field through the windshield. As discussed
in the Traditional Trucking Corporation temporary exemption, GPS
devices cannot be mounted to the ``face'' of the CMVs control panel as
that area is covered with controls and displays necessary for the
operation of the CMV. The GPS device can be located on top of the dash,
which in many cases leaves the GPS in the same visual field as if the
GPS were located on the windshield in the lower allowable area.
Mounting the GPS lower on the dash would take the driver's eyes farther
from the road. The size of GPS display units is approximately the same
size as the currently allowed vehicle safety technologies in the
driver's visual field. These devices/technologies have been proven to
improve safety and vehicle operations.
The first temporary exemption from Sec. 393.60(e)(1) was granted
in March 2009, and FMCSA has over 12 years of real-world experience
overseeing motor carriers operating CMVs using devices mounted on the
interior of the windshield and marginally within the area swept by the
windshield wipers. FMCSA is unaware of any crashes during that time
attributed to the location of such devices.
To assist in development of the proposed regulatory revisions, the
Agency specifically requests responses to the following questions:
1. Does the definition of vehicle safety technology need to be
expanded further
[[Page 35453]]
to address other potential technologies and/or multifunction devices
such as electronic logging devices that incorporate technologies such
as GPS that either require placement in the approximate middle of the
CMV windshield or would benefit driver safety by not diverting the CMV
driver's eyes from the road and would be subject to the positioning
requirements of Sec. 393.60(e)(1)?
2. Would the proposed position of allowable vehicle safety
technologies (not more than 8.5 inches below the upper and 7 inches
above the lower edge of the swept area of the windshield) be sufficient
for current and developing devices?
VII. Section-by-Section Analysis
This section-by-section analysis describes the proposed changes in
numerical order.
A. Section 393.5 Definitions
The definition for vehicle safety technology would be revised by
adding more examples of vehicle safety technologies to those listed in
the definition.
B. Section 393.60 Glazing in Specified Openings
This section would be revised by replacing ``100 mm (4 inches)''
with ``216 mm (8.5 inches)'' in paragraph (e)(1)(ii)(A). Additionally,
a new paragraph (e)(1)(ii)(C) would be added to read ``Outside the
driver's sight lines to the road and highway signs and signals.''
VIII. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
FMCSA has considered the impact of this notice of proposed
rulemaking under E.O. 12866 (58 FR 51735, Oct. 4, 1993), Regulatory
Planning and Review, E.O. 13563 (76 FR 3821, Jan. 21, 2011), Improving
Regulation and Regulatory Review, and DOT's regulatory policies and
procedures. OIRA determined that this notice of proposed rulemaking is
not a significant regulatory action under section 3(f) of E.O. 12866,
as supplemented by E.O. 13563, and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that Order.
Accordingly, OMB has not reviewed it under these Orders.
Additionally, this NPRM supports Executive Order 13859 which states
that ``the policy of the United States Government is to sustain and
enhance the scientific, technological, and economic leadership position
of the United States in AI [artificial intelligence].'' \2\ The
deployment of AI holds the promise to improve efficiency,
effectiveness, safety, fairness, welfare, transparency, and other
economic and social goals, and America's continued status as a global
leader in AI development is important to preserving our economic and
national security. The importance of developing and deploying AI
requires a regulatory approach that fosters innovation and growth and
engenders trust, while protecting core American values, through both
regulatory and non-regulatory actions and reducing unnecessary barriers
to the development and deployment of AI. To support innovation and
growth in the technological sector of CMV safety, FMCSA is issuing this
NPRM as a response to a rulemaking petition from DTNA.\3\
---------------------------------------------------------------------------
\2\ See Exec. Order No. 13,859, section 1, 84 FR 3967
\3\ https://www.fmcsa.dot.gov/regulations/petitions-0.
---------------------------------------------------------------------------
Baseline for the Analysis
The mounting of devices on the interior of the windshield within
the area swept by the windshield wipers is prohibited under 49 CFR
393.60(e), unless they are vehicle safety technologies. FMCSA has
authority under 49 U.S.C. 31315(b) to grant exemptions from certain
parts of the 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. FMCSA notes that the burden associated with
preparing an exemption request is not included in a currently approved
information collection request (ICR), and is pursuing completion of
that ICR outside of this rulemaking.
As originally enacted, 49 U.S.C. 31315(b) allowed an exemption from
a regulation (and a renewal) for no longer than 2 years from its
approval date. Section 5206(a)(3) of the FAST Act (Pub. L. 114-94, 129
Stat. 1312, 1534-1535 Dec. 4, 2015) amended section 31315(b) to allow
an exemption to be granted for no longer than 5 years and to be
renewed, upon request, for subsequent periods no longer than 5 years.
49 CFR 381.300 (b)
Section 393.60(e)(1)(i) of the FMCSRs prohibits the obstruction of
the driver's field of view by devices mounted on the interior 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 outside
the driver's sight lines to the road and highway signs and signals.
Section 393.60(e)(1)(i) does not apply to vehicle safety technologies,
as defined in 49 CFR 390.5, including ``a fleet-related incident
management system, performance or behavior management system, speed
management system, lane departure warning 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 outside the driver's sight lines to the
road and highway signs and signals.
This NPRM proposes revisions to 49 CFR 393.60 to expand the area
where vehicle safety technologies (e.g., lane departure warning
systems, forward collision warning and mitigation systems utilizing
automated emergency braking, enhanced driver performance and behavior
management and coaching systems) could be installed on the interior of
windshields of CMVs. The NPRM, if finalized consistent with the terms
proposed, would generate cost savings for both industry and government
and is anticipated to achieve a level of safety equivalent to, or
greater than, the level that would be achieved by the current
regulation.
Table 1 provides a summary of the affected population, costs, cost
savings, and benefits of this NPRM.
[[Page 35454]]
Table 1--Summary of the Impacts of This NPRM
------------------------------------------------------------------------
Category Summary
------------------------------------------------------------------------
Applicability.......................... Revisions to 49 CFR 393.60 to
expand the area vehicle safety
technologies could be
installed on the interior
windshield of CMVs.
Affected Population.................... Potentially, all CMVs, as
defined in 49 CFR 390.5.
Costs.................................. There would be no costs to
industry or the Federal
Government.
Industry Costs Savings ($, 7 percent 10-year: $3,992.
discount rate). Annualized: $568.
Federal Government Cost Savings ($, 7 10-year: $71,196.
percent discount rate). Annualized: $10,136.
Total Cost Savings ($, 7 percent 10-year: $75,189.
discount rate). Annualized: $10,705.
Benefits............................... This NPRM, if finalized, would
provide a greater available
area for the voluntary
deployment of windshield-
mounted safety technologies
such as lane departure warning
systems and automated
emergency braking safety
systems which have the
potential to reduce
fatalities, injuries, and
property damages while
maintaining a level of safety
equivalent to, or greater
than, the level that would be
achieved by the current
regulation.
------------------------------------------------------------------------
Cost, Cost Savings & Benefits
This NPRM proposes two changes to the Parts and Accessories
Necessary for Safe Operation regulations in 49 CFR part 393, subpart A
and subpart D.
Under the existing Sec. 393.5 definitions, vehicle safety
technology includes a fleet-related incident management system,
performance or behavior management system, speed management system,
lane departure warning system, forward collision warning or mitigation
system, active cruise control system, and transponder. Under the
proposed rulemaking Sec. 393.5 definitions would now also include
braking warning systems, braking assist systems, automatic emergency
braking, driver camera systems, attention assist warning, Global
Positioning Systems and traffic sign recognition. Vehicle safety
technology includes systems and devices that contain cameras, lidar,
radar, sensors and/or video.
As a result of the proposed change, there would be new examples of
vehicle safety technology devices and systems which would better
accommodate the vehicle manufacturer advancements in the field of
driver assistance technologies. The proposed change would have no cost.
There would be benefits accrued through improved safety performance of
CMVs via fatality, injury, and property damage prevention. For example,
lane departure warning systems are anticipated to prevent accidents
involving striking a car in an adjoining lane, which could either
involve ``sideswiping'' a vehicle traveling in the same direction or
hitting a vehicle traveling in the opposite direction, and rollovers,
which often occur when a vehicle leaves the road. Additionally,
automatic Emergency Braking systems engage dynamic brake support or
crash-imminent braking to potentially save lives and reduce moderate
and less severe rear-end crashes.
With regards to the existing Sec. 393.60, (e)(1)(ii), Paragraph
(e)(1)(i) of this section does not apply to vehicle safety
technologies, as defined in Sec. 393.5, that are mounted on the
interior of a windshield. Devices with vehicle safety technologies must
be mounted outside the driver's sight lines to the road and to highway
signs and signals, and:
Not more than 100 mm (4 inches) below the upper edge of
the area swept by the windshield wipers.
Not more than 175 mm (7 inches) above the lower edge of
the area swept by the windshield wipers.
Under the proposed change to Sec. 393.60, (e)(1)(ii), Paragraph
(e)(1)(i) of this section does not apply to vehicle safety
technologies, as defined in Sec. 393.5, that are mounted on the
interior of a windshield. Devices with vehicle safety technologies must
be mounted outside the driver's sight lines to the road and to highway
signs and signals, and:
Not more than 216 mm (8.5 inches) below the upper edge of
the area swept by the windshield wipers; or
Not more than 175 mm (7 inches) above the lower edge of
the area swept by the windshield wipers; and
Outside the driver's sight lines to the road and highway
signs and signals.
This proposed change would expand the area available for mounting
vehicle safety technologies on the interior of a windshield. The
proposed change would have no cost but would result in an annualized
cost savings from reduced exemption application and approval process.
The cost savings are estimated to be $12,184 and $10,705 at 3 percent
and 7 percent discount rates.
Wage Rates
For this analysis, we calculated private sector wages using 2019
wage data from the U.S. Bureau of Labor Statistics (BLS) Occupational
Employment Statistics for the Management of Companies and Enterprises
(North American Industry Classification System 551100). We used median
hourly wage for Standard Occupational Classification Code 11-2021--
Marketing Managers which is $65.79.\4\
---------------------------------------------------------------------------
\4\ https://www.bls.gov/oes/2019/may/oes_nat.htm (last accessed
April 20, 2021).
---------------------------------------------------------------------------
We added a load factor to the industry wages for Marketing Managers
using December 2019 wage and total compensation data from the BLS
Employer Costs for Employee Compensation (ECEC) survey, which accounts
for employee benefits. This load factor represents the total benefits
as a percentage of total salary.\5\ We multiply the median hourly wage
by the load factor to get the full loaded wage of $94.74.
---------------------------------------------------------------------------
\5\ We calculate the load factor for wages by dividing total
compensation by wages and salaries. For this analysis, we used BLS'
ECEC/Management, professional, and related occupations. Using
December 2019 data, we divided the total compensation amount of
$60.83 by the wage and salary amount of $42.33 to get the load
factor of 1.44 ($60.83 divided by $42.33). This data is found in
table 9 of the ECEC Historical Listing. https://www.bls.gov/web/ecec/ececqrtn.pdf.
---------------------------------------------------------------------------
We utilize Federal Government employee wage rates based on the
Office of Personnel Management (OPM) 2019 General Schedule (GS) pay for
the DC-MD-VA-WV-PA locality for a GS-15 grade.\6\ Using OPM data, we
generate an
[[Page 35455]]
hourly wage for a GS-15 Step 1 grade to be $66.05.\7\
---------------------------------------------------------------------------
\6\ https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2019/DCB.pdf.
\7\ https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2019/DCB_h.pdf.
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OMB publishes an object class analysis of the budget of the U.S.
Government.\8\ The object class provides the actual values that, in
2019, DOT spent $5,931 million in full-time permanent employee
compensation and $2,497 million in civilian employee benefits. Based on
this, FMCSA estimates a fringe benefit rate of 42.10 percent (2,497/
5,931) for FMCSA personnel or $27.81 ($66.05 x 42.10 percent). The
fully loaded hourly wage for a GS-15 Step 1 is $93.86 ($66.05 +
$27.81).
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\8\ https://www.govinfo.gov/content/pkg/BUDGET-2021-OBJCLASS/pdf/BUDGET-2021-OBJCLASS.pdf.
---------------------------------------------------------------------------
Costs
Motor carriers, industry technological manufacturers, and drivers
would not incur any new costs associated with this NPRM. Adopting and
using windshield-mounted technologies is purely optional. Those who
install and use windshield-mounted technologies would experience no
added burdens or costs.
In CMVs, drivers sit in an elevated position that greatly improves
the forward visual field. When FMCSA previously granted exemptions, it
found that doing so would likely achieve a level of safety equivalent
to, or greater than, the level of safety achieved without the
exemption. As described in Section VI. of this NPRM, since issuing the
first temporary exemption from Sec. 393.60(e)(1) in 2009, FMCSA is
unaware of any crashes that have been attributed to the location of
such devices.
The expanded location--not more than 216 mm (8.5 inches) below the
upper edge of the area swept by the windshield wipers, and not more
than 175 mm (7 inches) above the lower edge of the area swept- is
expected to keep pace with technological advances and further aid in
meeting the statutory requirements of the FAST Act. The expanded area
is outside the driver's line of sight to the road, highway signs, and
signals.
Cost Savings
We anticipate that this NPRM, if finalized consistent with the
terms proposed, would generate cost savings to (1) motor carrier
companies that file fewer periodic exemption requests, and (2) the
Federal Government by reducing the volume of exemption requests to be
reviewed and processed.
Several manufacturers of windshield-mounted technologies have
requested exemptions from FMCSA. We estimate that this takes about 2
hours of company time. Manufacturers, on average, apply for 3
exemptions per year. Table 3 provides the 10-year time horizon cost
savings stream based on the yearly undiscounted $568 (rounded to the
nearest whole dollar) cost savings to industry if this NPRM would be
finalized in 2022.\9\
---------------------------------------------------------------------------
\9\ Loaded Hourly wage x Number of Hours x Average number of
exemptions ($94.74 x 2 x 3).
Table 3--Total and Annualized Cost Savings to Industry \10\
----------------------------------------------------------------------------------------------------------------
Total Total discounted
Year undiscounted -------------------------------
costs savings 7 percent 3 percent
----------------------------------------------------------------------------------------------------------------
2022............................................................ $568 $531 $552
2023............................................................ 568 496 536
2024............................................................ 568 464 520
2025............................................................ 568 434 505
2026............................................................ 568 405 490
2027............................................................ 568 379 476
2028............................................................ 568 354 462
2029............................................................ 568 331 449
2030............................................................ 568 309 436
2031............................................................ 568 289 423
Total....................................................... 5,684 3,992 5,519
----------------------------------------------------------------------------------------------------------------
Annualized.................................................. .............. 568 647
----------------------------------------------------------------------------------------------------------------
Federal Government employees who possess the technical knowledge
required to review windshield exemption applications are senior
engineers and attorneys at the GS-15 grade. A final approval letter for
an exemption is granted by the Associate Administrator at the Senior
Executive Service level.\11\ We estimate the total time from initial
exemption receipt to final approval to be 12 hours. Table 4 provides
the 10-year time horizon cost savings stream based on the yearly
undiscounted $10,137 (rounded to the nearest whole dollar) cost savings
to the Federal Government if this NPRM would be finalized in 2022.\12\
---------------------------------------------------------------------------
\10\ (Total Cost Savings in this table may not equal the sum
total of yearly cost savings due to rounding in underlying
calculations).
\11\ The Agency is assuming that an Associate Administrator at
the Senior Executive Service level is equivalent to a GS-15 grade
for the purpose of this analysis.
\12\ Loaded Hourly Wage x Number of Hours x Average number of
exemptions x Personnel ($93.86 x 12 x 3 x 3).
Table 4--Total and Annualized Cost Savings to the Federal Government \13\
----------------------------------------------------------------------------------------------------------------
Total Total discounted
Year undiscounted -------------------------------
costs savings 7 percent 3 percent
----------------------------------------------------------------------------------------------------------------
2022............................................................ $10,137 $9,474 $9,842
2023............................................................ 10,137 8,854 9,555
2024............................................................ 10,137 8,275 9,277
2025............................................................ 10,137 7,733 9,006
2026............................................................ 10,137 7,227 8,744
[[Page 35456]]
2027............................................................ 10,137 6,755 8,489
2028............................................................ 10,137 6,313 8,242
2029............................................................ 10,137 5,900 8,002
2030............................................................ 10,137 5,514 7,769
2031............................................................ 10,137 5,153 7,543
Total....................................................... 101,368 71,197 98,416
----------------------------------------------------------------------------------------------------------------
Annualized.................................................. .............. 10,137 11,537
----------------------------------------------------------------------------------------------------------------
Table 5 provides the total 10-year time horizon cost savings stream
based on the yearly undiscounted cost savings of $10,705 (rounded to
the nearest whole dollar) for both industry and the Federal Government.
---------------------------------------------------------------------------
\13\ (Total Cost Savings in this table may not equal the sum
total of yearly cost savings due to rounding in underlying
calculations).
Table 5--Total Cost Savings for Industry & the Federal Government \14\
----------------------------------------------------------------------------------------------------------------
Total Total discounted
Year undiscounted -------------------------------
costs savings 7 percent 3 percent
----------------------------------------------------------------------------------------------------------------
2022............................................................ $10,705 $10,005 $10,393
2023............................................................ 10,705 9,350 10,091
2024............................................................ 10,705 8,739 9,797
2025............................................................ 10,705 8,167 9,511
2026............................................................ 10,705 7,633 9,234
2027............................................................ 10,705 7,133 8,965
2028............................................................ 10,705 6,667 8,704
2029............................................................ 10,705 6,231 8,451
2030............................................................ 10,705 5,823 8,205
2031............................................................ 10,705 5,442 7,966
Total....................................................... 107,053 75,189 103,934
----------------------------------------------------------------------------------------------------------------
Annualized.................................................. .............. 10,705 12,184
----------------------------------------------------------------------------------------------------------------
Benefits
---------------------------------------------------------------------------
\14\ (Total Cost Savings in this table may not equal the sum
total of yearly cost savings due to rounding in underlying
calculations).
---------------------------------------------------------------------------
The Agency was unable to identify literature that quantified the
benefits of increasing the allowable windshield area for the mounting
of vehicle safety technologies. In the absence of such analyses, the
Agency did not quantify benefits associated with the NPRM, though it
believes that the rule has the potential to improve the safety of CMV
operations.15 16 The Agency also finds that CMVs outfitted
with vehicle safety technologies under current exemptions do not
present an increased safety risk compared to other CMVs.
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\15\ https://rosap.ntl.bts.gov/view/dot/4.
\16\ https://rosap.ntl.bts.gov/view/dot/10.
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Discussion of Alternatives
When preparing this NPRM, FMCSA considered two alternatives. In
this section, we examine how the cost of the proposal would change with
each alternative.
Alternative 1:
No Action.
Using this alternative, FMCSA would accept the status quo and not
change the current exemption approval requirements. This alternative
currently limits the windshield area in which new safety technologies
can be mounted to not more than 100 mm (4 inches) below the upper edge
of the area swept by the windshield wipers or not more than 175 mm (7
inches) above the lower edge of the area swept by the windshield
wipers. This alternative does not favor innovation and technological
growth, nor does it reduce the overall burden to industry of applying
for, and to the Federal Government of reviewing, exemptions. This
alternative would maintain the approximately $10,705 (annualized, 7
percent discount rate) in annual costs associated with the overall
exemption request and approval process.
Alternative 2:
Preferred Alternative-- Revise 49 CFR 393.60 to expand the
windshield area where vehicle safety technologies could be installed on
CMVs and revise 49 CFR 393.5 to broaden the definition of vehicle
safety technology.
Using this alternative, FMCSA would increase the allowable
windshield area for installation of vehicle safety technologies. This
would lead to an estimated $10,705 in annual cost savings without any
estimated cost increase or reduction in benefits, as this analysis
shows.
B. Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801-808), the
Office of Information and Regulatory Affairs designated this rule as
not a ``major rule,'' as defined by 5 U.S.C. 804(2).\17\
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\17\ A ``major rule'' means any rule that OMB finds has resulted
in or is likely to result in (a) an annual effect on the economy of
$100 million or more; (b) a major increase in costs or prices for
consumers, individual industries, Federal agencies, State agencies,
local government agencies, or geographic regions; or (c) significant
adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
enterprises to compete with foreign-based enterprises in domestic
and export markets (5 U.S.C. 804(2)).
---------------------------------------------------------------------------
C. Advance Notice of Proposed Rulemaking
Under 49 U.S.C. 31136(g), FMCSA is required to publish an advance
notice of proposed rulemaking (ANPRM) or proceed with a negotiated
rulemaking, if a proposed rule is likely to lead to the promulgation of
a major rule. As this
[[Page 35457]]
proposed rule is not likely to result in the promulgation of a major
rule, the Agency is not required to issue an ANPRM or to proceed with a
negotiated rulemaking.
D. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,\18\
requires Federal agencies to consider the effects of the regulatory
action on small business and other small entities and to minimize any
significant economic impact. The term ``small entities'' comprises
small businesses and not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000 (5
U.S.C. 601(6)). Accordingly, DOT policy requires an analysis of the
impact of all regulations on small entities, and mandates that agencies
strive to lessen any adverse effects on these businesses.
---------------------------------------------------------------------------
\18\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
---------------------------------------------------------------------------
The Agency expects that this NPRM, if finalized consistent with the
proposed terms, would not have a significant economic impact on small
entities. We expect a final rule consistent with the NPRM to result in
cost savings to industry and the Federal Government.
FMCSA expects the average costs to manufacturers of windshield-
mounted equipment associated with avoiding the need for exemption
applications would be reduced by $568 per year (annualized, 7 percent
discount rate). We calculate that 100 percent of small equipment
manufacturers impacted by this NPRM would have a cost savings less than
1 percent of their annual revenue. No small governmental jurisdictions
would be impacted by this NPRM.
Consequently, I certify that the proposed action would not have a
significant economic impact on a substantial number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this NPRM would have
a significant economic impact on it, please submit a comment to the
docket at the address listed in the ADDRESSES section of this preamble.
In your comment, explain why you think it qualifies and how and to what
degree this NPRM would economically affect it.
E. Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996,\19\ FMCSA wants to assist small
entities in understanding this NPRM so they can better evaluate its
effects on themselves and participate in the rulemaking initiative. If
the NPRM would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance; please consult the person listed
under FOR FURTHER INFORMATION CONTACT.
---------------------------------------------------------------------------
\19\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
---------------------------------------------------------------------------
Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
business. If you wish to comment on actions by employees of FMCSA, call
1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights
of small entities to regulatory enforcement fairness and an explicit
policy against retaliation for exercising these rights.
F. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. The Act addresses actions that may result in the
expenditure by a State, local, or Tribal government, in the aggregate,
or by the private sector of $170 million (which is the value equivalent
of $100 million in 1995, adjusted for inflation to 2020 levels) or more
in any 1 year. Because this NPRM would not result in such an
expenditure, a written statement is not required. However, FMCSA does
discuss the costs and benefits of this NPRM in the preamble.
G. Paperwork Reduction Act
This NPRM contains no new information collection requirements under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). FMCSA notes
that the burden associated with preparing an exemption request is not
included in a currently approved information collection request (ICR),
and is pursuing completion of that ICR outside of this rulemaking.
H. E.O. 13132 (Federalism)
A rule has implications for federalism under section 1(a) of E.O.
13132 if it has ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' FMCSA has determined that this rule would not have
substantial direct costs on or for States, nor would it limit the
policymaking discretion of States. Nothing in this document preempts
any State law or regulation. Therefore, this rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Impact Statement.
I. Privacy
The Consolidated Appropriations Act, 2005,\20\ requires the Agency
to assess the privacy impact of a regulation that will affect the
privacy of individuals. This NPRM would not require the collection of
personally identifiable information (PII). Because this NPRM does not
require the collection of PII, the Agency is not required to conduct a
privacy impact assessment (PIA). Section 208 of the E-Government Act of
2002 (44 U.S.C. 3501 note) requires Federal agencies to conduct a PIA
for new or substantially changed technology that collects, maintains,
or disseminates information in an identifiable form. No new or
substantially changed technology would collect, maintain, or
disseminate information as a result of this rule. Accordingly, FMCSA
has not conducted a PIA.
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\20\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5
U.S.C. 552a (Dec. 4, 2014).
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The Agency will complete a Privacy Threshold Assessment (PTA) to
evaluate the risks and effects the NPRM might have on collecting,
storing, and sharing personally identifiable information. The DOT
Privacy Office has determined that this rulemaking does not create
privacy risk.
J. E.O. 13175 (Indian Tribal Governments)
This rule does not have Tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
Tribes, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes.
[[Page 35458]]
K. National Environmental Policy Act of 1969
FMCSA analyzed this NPRM for the purpose of the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and
determined this action is categorically excluded from further analysis
and documentation in an environmental assessment or environmental
impact statement under FMCSA Order 5610.1 (69 FR 9680), Appendix 2,
paragraph 6.bb. The Categorical Exclusion (CE) in paragraph 6.bb.
addresses regulations concerning vehicle operation safety standards
(e.g., regulations requiring: Certain motor carriers to use approved
equipment which is required to be installed such as an ignition cut-off
switch, or carried onboard, such as a fire extinguisher, and/or
stricter blood alcohol concentration standards for drivers, etc.),
equipment approval, and/or equipment carriage requirements (e.g., fire
extinguishers and flares).
The proposed requirements in this rule are covered by this CE and
the NPRM does not have any effect on the quality of the environment.
List of Subjects in 49 CFR Part 393
Highway safety, Motor carriers, Motor vehicle safety.
Accordingly, FMCSA proposes to amend 49 CFR chapter III, part 393
as follows:
PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION
0
1. The authority citation for part 393 continues to read as follows:
Authority: 49 U.S.C. 31136, 31151, and 31502; sec. 1041(b) of
Pub. L. 102-240, 105 Stat. 1914, 1993 (1991); sec. 5301 and 5524 of
Pub. L. 114-94, 129 Stat. 1312, 1543, 1560; and 49 CFR 1.87.
0
2. Amend Sec. 393.5 by revising the definition of Vehicle safety
technology to read as follows:
Sec. 393.5 Definitions.
* * * * *
Vehicle safety technology. Vehicle safety technology includes
systems and items of equipment to promote driver, occupant and roadway
safety. Examples of vehicle safety technology systems and devices
include a fleet-related incident management system, performance or
behavior management system, speed management system, lane departure
warning system, forward collision warning or mitigation system, active
cruise control system, transponder, braking warning system, braking
assist system, automatic emergency braking, driver camera system,
attention assist warning, Global Positioning Systems and traffic sign
recognition. Vehicle safety technology includes systems and devices
that contain cameras, lidar, radar, sensors and/or video.
* * * * *
0
3. Amend Sec. 393.60 by revising paragraph (e)(1)(ii) to read as
follows:
Sec. 393.60 Glazing in specified openings.
* * * * *
(e) Prohibition on obstructions to the driver's field of view--(1)
Devices mounted on the interior of the windshield.
* * * * *
(ii) Paragraph (e)(1)(i) of this section does not apply to vehicle
safety technologies, as defined in Sec. 393.5, that are mounted on the
interior of a windshield. Devices with vehicle safety technologies must
be mounted:
A. Not more than 216 mm (8.5 inches) below the upper edge of the
area swept by the windshield wipers;
B. Not more than 175 mm (7 inches) above the lower edge of the area
swept by the windshield wipers; and
C. Outside the driver's sight lines to the road and highway signs
and signals.
* * * * *
Issued under the authority of delegation in 49 CFR 1.87
Meera Joshi,
Deputy Administrator.
[FR Doc. 2021-14040 Filed 7-2-21; 8:45 am]
BILLING CODE 4910-EX-P
