Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Forward Thinking Systems LLC, 57742-57744 [2021-22616]
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Federal Register / Vol. 86, No. 198 / Monday, October 18, 2021 / Notices
FirstGroup argued that the exemption is
also needed because the delays and
administrative costs related to
conducting a full query during its driver
hiring process results in substantial
increased costs to the company.
FirstGroup further explained that
obtaining consent from its newly hired
drivers, as required by the
Clearinghouse regulations, is
challenging because the drivers are not
familiar with the technology needed to
navigate through the Clearinghouse to
give electronic consent to FirstGroup.
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IV. Method To Ensure an Equivalent or
Greater Level of Safety
To ensure an equivalent level of
safety, FirstGroup would conduct a
limited query, in lieu of a full query,
before one of the employers in its
corporate family hires a driver. If the
limited pre-employment query shows
that information exists in the
Clearinghouse about the driver,
FirstGroup will then conduct a full
query on the driver, with the driverapplicant providing consent in the
Clearinghouse as required.
FirstGroup would conduct a second
limited query within 30 to 35 days after
the date the original limited preemployment query was submitted.
FirstGroup explained that this would
allow the company to obtain and act on
any new information added to the
Clearinghouse since the first limited
pre-employment query was made.
FirstGroup would also conduct
quarterly limited queries on all its CDL
drivers for the first year of the
exemption, and for years 2 through 5 it
would conduct semi-annual limited
queries on all its drivers.
FirstGroup indicated they would also
look for opportunities to conduct
additional reasonable suspicion training
for supervisors throughout its network
of 700 locations to further strengthen its
drug and alcohol testing program and
improve safety. A copy of FirstGroup’s
application for exemption is available
for review in the docket for this notice.
V. Public Comments
On March 16, 2021, FMCSA
published notice of this application and
requested public comments (86 FR
14516). The Agency received five
comments. Advocates for Highway and
Auto Safety, Citizens for Reliable and
Safe Highways, Parents Against Tired
Truckers, The Trucking Alliance, and
The Truck Safety Coalition (Advocates,
et al.) submitted one joint comment
opposing the exemption. Advocates, et
al., commented that ‘‘The current
application would result in a needless
threat to public safety by increasing the
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18:28 Oct 15, 2021
Jkt 256001
likelihood that a driver with violations
related to alcohol or drug use would be
erroneously hired to transport school
children. Further, the applicant has
failed to provide FMCSA with the
required analysis and supporting
information necessitated by statute and
thus, should be denied.’’
Advocates, et al., added: ‘‘If the
exemption was granted, FirstGroup
would no longer receive an affirmative
notice if the record of any of its
candidates had changed within 30 days
of the pre-employment inquiry. Instead,
FirstGroup would rely on its three
employees tasked with complying with
the Clearinghouse requirements to
conduct these subsequent inquiries of
all 6,500 applicants each year in
addition to the annual inquiries
required of its approximately 35,000
Commercial Driver’s License (CDL)
operators. This would seem to place a
far greater burden on its employees than
simply complying with the current
regulations and could very well result in
a failure to identify candidates
prohibited from operating a school bus
due to prior violations.’’
Four individual commenters also
opposed the FirstGroup request. One
commenter Mr. Kennon Nilsen, stated,
‘‘School bus drivers should be held to
the absolute highest standard when it
comes to transporting children. This
exemption should not be allowed under
any circumstance. Speed of hiring and
financial burden on a company should
not be a consideration. As a 30 plus year
CDL holder I fully understand the
implications of a driver being hired who
could have a history of drug and alcohol
violations behind the wheel.’’
VI. FMCSA Safety Analysis and
Decision
Employers who conduct a full query
receive a notification from FMCSA, in
real time, if another employer, or
prospective employer, adds information
to the Clearinghouse about that driver
during the 30-day period immediately
following the full query. (Limited
queries do not trigger employer
notifications.) FirstGroup, in order to
compensate for not conducting a full
query, would instead conduct periodic
limited queries during a newly hired
driver’s first year of employment.
However, the first periodic limited
query would not occur until 30–35 days
following the initial pre-employment
limited query. Consequently, for the
first 30–35 days of employment,
FirstGroup would be unaware of any
newly added information in the driver’s
Clearinghouse record. This knowledge
gap poses an unacceptable safety risk,
which does not exist when an employer
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conducts a full query in accordance
with 49 CFR 382.701(a). The Agency
therefore finds that, under the
conditions proposed by FirstGroup,
limited pre-employment queries would
not likely provide the same, or higher,
level of safety as the current
requirement that a full query be
conducted prior to allowing a driver to
perform safety sensitive functions. The
application is therefore denied.
Meera Joshi,
Deputy Administrator.
[FR Doc. 2021–22614 Filed 10–15–21; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2021–0099]
Parts and Accessories Necessary for
Safe Operation; Application for an
Exemption From Forward Thinking
Systems LLC
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant
of exemption.
AGENCY:
The FMCSA announces its
decision to grant the application of
Forward Thinking Systems LLC (FTS)
for a limited five-year exemption to
allow its FleetCam system, which is
equipped with cameras, to be mounted
lower in the windshield on commercial
motor vehicles than is currently
permitted. The Agency has determined
that lower placement of the FleetCam
device would not have an adverse
impact on safety and that adherence to
the terms and conditions of the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level of safety provided by the
regulation.
DATES: This exemption is applicable
October 18, 2021 and ending October
13, 2026.
FOR FURTHER INFORMATION CONTACT: Mr.
Jose´ R. Cestero, Vehicle and Roadside
Operations Division, Office of Carrier,
Driver, and Vehicle Safety, MC–PSV,
(202) 366–5541, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
Docket: For access to the docket to
read background documents or
comments submitted to notice
requesting public comments on the
exemption application, go to
www.regulations.gov at any time or visit
Room W12–140 on the ground level of
SUMMARY:
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Federal Register / Vol. 86, No. 198 / Monday, October 18, 2021 / Notices
the West Building, 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., ET, Monday through
Friday, except Federal holidays. To be
sure someone is there to help you,
please call (202) 366–9317 or (202) 366–
9826 before visiting Docket Operations.
The online Federal document
management system is available 24
hours a day, 365 days a year. The docket
number is listed at the beginning of this
notice.
SUPPLEMENTARY INFORMATION:
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Background
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from certain parts of the Federal Motor
Carrier Safety Regulations (FMCSRs).
FMCSA must publish a notice of each
exemption request in the Federal
Register (49 CFR 381.315(a)). The
Agency must provide the public an
opportunity to inspect the information
relevant to the application, including
any safety analyses that have been
conducted. The Agency must also
provide an opportunity for public
comment on the request.
The Agency reviews safety analyses
and public comments submitted and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level that would be achieved by the
current regulation (49 CFR 381.305).
The decision of the Agency must be
published in the Federal Register (49
CFR 381.315(b)) with the reasons for
denying or granting the application and,
if granted, the name of the person or
class of persons receiving the
exemption, and the regulatory provision
from which the exemption is granted.
The notice must also specify the
effective period (up to 5 years) and
explain the terms and conditions of the
exemption. The exemption may be
renewed (49 CFR 381.300(b)).
FTS’s Application for Exemption
FTS applied for an exemption from 49
CFR 393.60(e)(1) to allow its FleetCam
device to be mounted lower in the
windshield than is currently permitted
by the Agency’s regulations to optimize
the functionality of the technology
system. A copy of the application is
included in the docket referenced at the
beginning of this notice.
In its application, FTS states that the
functionality of the FleetCam device
includes the ability to provide lane
departure warning, forward collision
warning, following distance warning,
and video camera-based behavior
management systems which can be
streamed live to fleet managers. FTS
notes that it piloted the devices’
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18:28 Oct 15, 2021
Jkt 256001
functionality and found that there was
no obstruction to the driver’s normal
sightlines to the road ahead, highway
signs and signals, or any mirrors.
The technology housing is
approximately 34 mm (1.33 inches) tall
by 108 mm (4.25 inches) wide, and will
be mounted in the approximate center
of the windshield with the bottom edge
of the technology housing
approximately 204 mm (approximately
8 inches) below the upper edge of the
area swept by the windshield wipers.
The technology will be mounted outside
the driver’s normal sight lines to the
road ahead, signs, signals and mirrors.
This location will allow for optimal
functionality of the safety features
supported by the FleetCam device.
Without the proposed exemption, FTS
states that its clients (1) will not be able
to install these devices in an optimal
location on the windshield to maximize
the effectiveness of the FleetCam safety
features, and (2) could be fined for
violating current regulations. The
exemption would apply to all CMVs
equipped with FTS’s FleetCam system
mounted on the windshield. FTS
believes that mounting the FTS’s
FleetCam system as described will
likely maintain a level of safety that is
equivalent to, or greater than, the level
of safety achieved without the
exemption.
Comments
FMCSA published a notice of the
application in the Federal Register on
July 14, 2021 and asked for public
comment (86 FR 37205). The Agency
received no comments on the exemption
application.
FMCSA Decision
FMCSA has evaluated the FTS
exemption application. The FleetCam
device housing is approximately 1.33
inches tall and is mounted near the top
of the center of the windshield, with the
bottom of the housing located
approximately 8 inches below the top of
the area swept by the windshield
wipers. The housing needs to be
mounted in this location for optimal
functionality of the FleetCam device.
The desired functionality and the size of
the system precludes mounting it (1)
higher in the windshield, and (2) within
4 inches from the top of the area swept
by the windshield wipers to comply
with § 393.60(e)(1)(ii)(A).
The Agency believes that granting the
temporary exemption to allow
placement of the FleetCam device lower
than currently permitted by Agency
regulations will likely provide a level of
safety that is equivalent to, or greater
than, the level of safety achieved
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57743
without the exemption because (1)
based on the information available,
there is no indication that the FleetCam
device would obstruct drivers’ views of
the roadway, highway signs and signals,
and surrounding traffic; (2) generally,
trucks and buses have an elevated
seating position that greatly improves
the forward visual field of the driver
and any impairment of available sight
lines would be minimal; and (3) the
mounting location where the bottom of
the FleetCam device housing will not
exceed 8 inches below the upper edge
of the area swept by the windshield
wipers outside the driver’s and
passenger’s normal sight lines to the
road ahead, highway signs and signals,
and all mirrors, will be reasonable and
enforceable at roadside. In addition, the
Agency believes the use of the FleetCam
device by fleets is likely to improve the
overall level of safety for the motoring
public.
This action is consistent with the
following previously issued Agency
actions permitting the placement of
similarly-sized devices on CMVs
outside the driver’s sight lines to the
road, and highway signs and signals:
Bendix Commercial Vehicle Systems,
LLC 86 FR 17877 (April 6, 2021),
Netradyne, Inc. 85 FR 82575 (Dec 18,
2020), J.J. Keller & Associates, Inc. 85 FR
75106 (November 24, 2020), Samsara
Networks, Inc. 85 FR 68409 (Oct. 28,
2020), Nauto Inc. 85 FR 64220 (Oct. 9,
2020), Lytx Inc. 85 FR 30121 (May 21,
2020), and Navistar Inc. 84 FR 64952
(Nov. 25, 2019). FMCSA is unaware of
any evidence showing that installation
of other vehicle safety technologies
mounted on the interior of the
windshield has resulted in any
degradation in safety.
Terms and Conditions for the
Exemption
The Agency hereby grants the
exemption for a 5-year period,
beginning October 18, 2021 and ending
October 13, 2026. During the temporary
exemption period, motor carriers will be
allowed to operate CMVs equipped with
FTS’s FleetCam device in the
approximate center of the top of the
windshield and such that the bottom
edge of the technology housing is
approximately 8 inches below the upper
edge of the area swept by the
windshield wipers, outside of the
driver’s and passenger’s normal sight
lines to the road ahead, highway signs
and signals, and all mirrors. The
exemption will be valid for 5 years
unless rescinded earlier by FMCSA. The
exemption will be rescinded if: (1)
Motor carriers and/or commercial motor
vehicles fail to comply with the terms
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57744
Federal Register / Vol. 86, No. 198 / Monday, October 18, 2021 / Notices
and conditions of the exemption; (2) the
exemption has resulted in a lower level
of safety than was maintained before it
was granted; or (3) continuation of the
exemption would not be consistent with
the goals and objectives of 49 U.S.C.
31136(e) and 31315(b).
Interested parties possessing
information that would demonstrate
that motor carriers operating CMVs
equipped with FTS’s FleetCam device
system are not achieving the requisite
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any such
information and, if safety is being
compromised or if continuation of the
exemption is not consistent with 49
U.S.C. 31136(e) and 31315(b), will take
immediate steps to revoke the
exemption.
Preemption
In accordance with 49 U.S.C.
31315(d), as implemented by 49 CFR
381.600, during the period this
exemption is in effect, no State shall
enforce any law or regulation applicable
to interstate commerce that conflicts
with or is inconsistent with this
exemption with respect to a firm or
person operating under the exemption.
States may, but are not required to,
adopt the same exemption with respect
to operations in intrastate commerce.
Meera Joshi,
Deputy Administrator.
[FR Doc. 2021–22616 Filed 10–15–21; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Bureau of Transportation Statistics
[Docket Number DOT–OST–2017–0043]
Agency Information Collection
Activity: Notice of Request for
Approval To Continue To Collect
Information: Barrier Failure Reporting
in Oil and Gas Operations on the Outer
Continental Shelf
Bureau of Transportation
Statistics (BTS), Office of the Assistant
Secretary for Research and Technology
(OST–R), U.S. Department of
Transportation.
ACTION: Notice and request for
comments.
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AGENCY:
In accordance with the
requirements of the Paperwork
Reduction Act of 1995, this notice
announces the intention of BTS to
request the Office of Management and
Budget (OMB) to approve continuation
of the following information collection:
SUMMARY:
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18:28 Oct 15, 2021
Jkt 256001
Barrier Failure Reporting in Oil and Gas
Operations on the Outer Continental
Shelf (OCS). BTS has entered into a
memorandum of understanding (MOU)
with BSEE to expand the scope of
SafeOCS to include an industry-wide
repository of equipment failure data,
analyze and aggregate information
provided under this program, and
publish reports that will provide BSEE,
the industry, and all OCS stakeholders
with essential information about failure
types and modes of critical safety
barriers for offshore operations related
to well control and safety and pollution
prevention.
DATES: Written comments should be
submitted by December 17, 2021.
ADDRESSES: To ensure that your
comments are not entered more than
once into the docket, submit comments
by only one of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the instructions for sending your
comments electronically. Docket
Number: DOT–OST–2017–0043.
• Mail: Docket Services, U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: Deliver to mail
address above between 9 a.m. and 5
p.m. EST, Monday through Friday,
except Federal holidays.
• Fax: (202) 493–2251.
Identify all transmission with ‘‘Docket
Number DOT–OST–2017–0043’’ at the
beginning of each page of the document.
Instructions: All comments must
include the agency name and docket
number for this notice. Paper comments
should be submitted in duplicate. The
Docket Management Facility is open for
examination and copying, at the above
address from 9 a.m. to 5 p.m. EST,
Monday through Friday, except Federal
holidays. If you wish to receive
confirmation of receipt of your written
comments, please include a selfaddressed, stamped postcard with the
following statement: ‘‘Comments on
Docket Number DOT–OST–2017–0043.’’
The Docket Clerk will date stamp the
postcard prior to returning it to you via
the U.S. mail. Please note that all
comments received, including any
personal information, will be posted
and will be publicly viewable, without
change, at www.regulations.gov. You
may review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; pages 19477–78) or you
may review the Privacy Act Statement at
www.regulations.gov.
PO 00000
Frm 00112
Fmt 4703
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FOR FURTHER INFORMATION CONTACT:
Demetra V. Collia, Bureau of
Transportation Statistics, Office of the
Assistant Secretary for Research and
Technology, U.S. Department of
Transportation, Office of Statistical and
Economic Analysis, RTS–31, E36–302,
1200 New Jersey Avenue SE,
Washington, DC 20590–0001; Phone No.
(202) 366–1610; Fax No. (202) 366–
3383; email: demetra.collia@dot.gov.
Office hours are from 8:30 a.m. to 5
p.m., EST, Monday through Friday,
except Federal holidays.
Data Confidentiality Provisions: The
confidentiality of barrier failure
information submitted to BTS is
protected under the BTS confidentiality
statute (49 U.S.C. 6307) and the
Confidential Information Protection and
Statistical Efficiency Act (CIPSEA),
Public Law 115–435, Title III,
Foundations for Evidence-Based
Policymaking Act of 2018.
In accordance with these
confidentiality statutes, only statistical
(aggregated) and non-identifying data
will be made publicly available by BTS
through its reports. BTS will not release
to BSEE or any other public or private
entity any information that might reveal
the identity of individuals or
organizations mentioned in failure
notices or reports without explicit
consent of the respondent and any other
affected entities.
The data
collection effort that is the subject of
this notice addresses the collection of
failure data as referenced in BSEE
regulations at 30 CFR 250.730 (81 FR
25887, April 29, 2016) and 30 CFR
250.803 (81 FR 61834, September 7,
2016). BTS received permission to start
the data collection under an emergency
OMB control number on September 29,
2016. Subsequently, BTS received an
OMB control number that expires
November 30, 2021. Through this
notice, BTS is requesting permission to
continue this previously approved data
collection. This information collection
is necessary to aid BSEE, the oil and gas
industry, and other stakeholders in
identifying barrier failure trends and
causes of critical safety barrier failure
events.
SUPPLEMENTARY INFORMATION:
I. The Data Collection
The Paperwork Reduction Act of 1995
(44 U.S.C. chapter 35; as amended) and
5 CFR part 1320 require each Federal
agency to obtain OMB approval to
initiate an information collection
activity. BTS is seeking OMB approval
to continue the following BTS
information collection activity:
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]]>Agencies
[Federal Register Volume 86, Number 198 (Monday, October 18, 2021)]
[Notices]
[Pages 57742-57744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22616]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0099]
Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Forward Thinking Systems LLC
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant of exemption.
-----------------------------------------------------------------------
SUMMARY: The FMCSA announces its decision to grant the application of
Forward Thinking Systems LLC (FTS) for a limited five-year exemption to
allow its FleetCam system, which is equipped with cameras, to be
mounted lower in the windshield on commercial motor vehicles than is
currently permitted. The Agency has determined that lower placement of
the FleetCam device would not have an adverse impact on safety and that
adherence to the terms and conditions of the exemption would likely
achieve a level of safety equivalent to, or greater than, the level of
safety provided by the regulation.
DATES: This exemption is applicable October 18, 2021 and ending October
13, 2026.
FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] R. Cestero, Vehicle
and Roadside Operations Division, Office of Carrier, Driver, and
Vehicle Safety, MC-PSV, (202) 366-5541, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
Docket: For access to the docket to read background documents or
comments submitted to notice requesting public comments on the
exemption application, go to www.regulations.gov at any time or visit
Room W12-140 on the ground level of
[[Page 57743]]
the West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. To
be sure someone is there to help you, please call (202) 366-9317 or
(202) 366-9826 before visiting Docket Operations. The online Federal
document management system is available 24 hours a day, 365 days a
year. The docket number is listed at the beginning of this notice.
SUPPLEMENTARY INFORMATION:
Background
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations (FMCSRs). FMCSA must publish a notice of each exemption
request in the Federal Register (49 CFR 381.315(a)). The Agency must
provide the public an opportunity to inspect the information relevant
to the application, including any safety analyses that have been
conducted. The Agency must also provide an opportunity for public
comment on the request.
The Agency reviews safety analyses and public comments submitted
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period (up to 5
years) and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
FTS's Application for Exemption
FTS applied for an exemption from 49 CFR 393.60(e)(1) to allow its
FleetCam device to be mounted lower in the windshield than is currently
permitted by the Agency's regulations to optimize the functionality of
the technology system. A copy of the application is included in the
docket referenced at the beginning of this notice.
In its application, FTS states that the functionality of the
FleetCam device includes the ability to provide lane departure warning,
forward collision warning, following distance warning, and video
camera-based behavior management systems which can be streamed live to
fleet managers. FTS notes that it piloted the devices' functionality
and found that there was no obstruction to the driver's normal
sightlines to the road ahead, highway signs and signals, or any
mirrors.
The technology housing is approximately 34 mm (1.33 inches) tall by
108 mm (4.25 inches) wide, and will be mounted in the approximate
center of the windshield with the bottom edge of the technology housing
approximately 204 mm (approximately 8 inches) below the upper edge of
the area swept by the windshield wipers. The technology will be mounted
outside the driver's normal sight lines to the road ahead, signs,
signals and mirrors. This location will allow for optimal functionality
of the safety features supported by the FleetCam device.
Without the proposed exemption, FTS states that its clients (1)
will not be able to install these devices in an optimal location on the
windshield to maximize the effectiveness of the FleetCam safety
features, and (2) could be fined for violating current regulations. The
exemption would apply to all CMVs equipped with FTS's FleetCam system
mounted on the windshield. FTS believes that mounting the FTS's
FleetCam system as described will likely maintain a level of safety
that is equivalent to, or greater than, the level of safety achieved
without the exemption.
Comments
FMCSA published a notice of the application in the Federal Register
on July 14, 2021 and asked for public comment (86 FR 37205). The Agency
received no comments on the exemption application.
FMCSA Decision
FMCSA has evaluated the FTS exemption application. The FleetCam
device housing is approximately 1.33 inches tall and is mounted near
the top of the center of the windshield, with the bottom of the housing
located approximately 8 inches below the top of the area swept by the
windshield wipers. The housing needs to be mounted in this location for
optimal functionality of the FleetCam device. The desired functionality
and the size of the system precludes mounting it (1) higher in the
windshield, and (2) within 4 inches from the top of the area swept by
the windshield wipers to comply with Sec. 393.60(e)(1)(ii)(A).
The Agency believes that granting the temporary exemption to allow
placement of the FleetCam device lower than currently permitted by
Agency regulations will likely provide a level of safety that is
equivalent to, or greater than, the level of safety achieved without
the exemption because (1) based on the information available, there is
no indication that the FleetCam device would obstruct drivers' views of
the roadway, highway signs and signals, and surrounding traffic; (2)
generally, trucks and buses have an elevated seating position that
greatly improves the forward visual field of the driver and any
impairment of available sight lines would be minimal; and (3) the
mounting location where the bottom of the FleetCam device housing will
not exceed 8 inches below the upper edge of the area swept by the
windshield wipers outside the driver's and passenger's normal sight
lines to the road ahead, highway signs and signals, and all mirrors,
will be reasonable and enforceable at roadside. In addition, the Agency
believes the use of the FleetCam device by fleets is likely to improve
the overall level of safety for the motoring public.
This action is consistent with the following previously issued
Agency actions permitting the placement of similarly-sized devices on
CMVs outside the driver's sight lines to the road, and highway signs
and signals: Bendix Commercial Vehicle Systems, LLC 86 FR 17877 (April
6, 2021), Netradyne, Inc. 85 FR 82575 (Dec 18, 2020), J.J. Keller &
Associates, Inc. 85 FR 75106 (November 24, 2020), Samsara Networks,
Inc. 85 FR 68409 (Oct. 28, 2020), Nauto Inc. 85 FR 64220 (Oct. 9,
2020), Lytx Inc. 85 FR 30121 (May 21, 2020), and Navistar Inc. 84 FR
64952 (Nov. 25, 2019). FMCSA is unaware of any evidence showing that
installation of other vehicle safety technologies mounted on the
interior of the windshield has resulted in any degradation in safety.
Terms and Conditions for the Exemption
The Agency hereby grants the exemption for a 5-year period,
beginning October 18, 2021 and ending October 13, 2026. During the
temporary exemption period, motor carriers will be allowed to operate
CMVs equipped with FTS's FleetCam device in the approximate center of
the top of the windshield and such that the bottom edge of the
technology housing is approximately 8 inches below the upper edge of
the area swept by the windshield wipers, outside of the driver's and
passenger's normal sight lines to the road ahead, highway signs and
signals, and all mirrors. The exemption will be valid for 5 years
unless rescinded earlier by FMCSA. The exemption will be rescinded if:
(1) Motor carriers and/or commercial motor vehicles fail to comply with
the terms
[[Page 57744]]
and conditions of the exemption; (2) the exemption has resulted in a
lower level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315(b).
Interested parties possessing information that would demonstrate
that motor carriers operating CMVs equipped with FTS's FleetCam device
system are not achieving the requisite statutory level of safety should
immediately notify FMCSA. The Agency will evaluate any such information
and, if safety is being compromised or if continuation of the exemption
is not consistent with 49 U.S.C. 31136(e) and 31315(b), will take
immediate steps to revoke the exemption.
Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.
Meera Joshi,
Deputy Administrator.
[FR Doc. 2021-22616 Filed 10-15-21; 8:45 am]
BILLING CODE 4910-EX-P
