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

Topics:  SmartDrive Systems

Larry W. Minor
Federal Motor Carrier Safety Administration
27 November 2018

[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Notices]
[Pages 60942-60943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25825]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0321]


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

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
requests public comment on an application for exemption from SmartDrive 
Systems, Inc. (SmartDrive) to allow an Advanced Driver Assistance 
Systems (ADAS) camera to be mounted lower in the windshield than is 
currently permitted. Mounting the camera in this location does not meet 
the driver's field of view requirements for windshields. The Federal 
Motor Carrier Safety Regulations (FMCSR) require devices meeting the 
definition of ``vehicle safety technology'' to be mounted not more than 
4 inches below the upper edge of the area swept by the windshield 
wipers, or not more than 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. Because the ADAS camera would 
be mounted outside of the driver's normal sight lines to the road 
ahead, highway signs, signals or any mirrors, SmartDrive believes that 
they will maintain a level of safety that is equivalent to, or greater 
than, the level of safety achieved without the exemption.

DATES: Comments must be received on or before December 27, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2018-0321 using any of the 
following methods:
     Website: http://www.regulations.gov. Follow the 
instructions for submitting comments on the Federal electronic docket 
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building, 
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m. 
e.t., Monday-Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number for this notice. For detailed instructions on submitting 
comments and additional information on the exemption process, see the 
``Public Participation'' heading below. Note that all comments received 
will be posted without change to http://www.regulations.gov, including 
any personal information provided. Please see the ``Privacy Act'' 
heading for further information.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov or to Room W12-140, 
DOT Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Public Participation: The http://www.regulations.gov website is 
generally available 24 hours each day, 365 days each year. You may find 
electronic submission and retrieval help and guidelines under the 
``help'' section of the http://www.regulations.gov website as well as 
the DOT's http://docketsinfo.dot.gov website. If you would like 
notification that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment 
page that appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside 
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-0676, Luke.Loy@dot.gov, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority to grant exemptions from some of the Federal 
Motor Carrier Safety Regulations (FMCSRs). Under 49 CFR part 381, FMCSA 
must publish a notice of each exemption request in the Federal Register 
(49 CFR 381.315(a)). The Agency must provide the public with 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 the safety analyses and the public comments 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(a)).
    The decision of the Agency must be published in the Federal 
Register (49 CFR 381.315(b)). If the Agency denies the request, it must 
state the reason for doing so. If the decision is to grant the 
exemption, the notice must specify the person or class of persons 
receiving the exemption and the regulatory provision or provisions from 
which an exemption is granted. The notice must specify the effective 
period of the exemption (up to 5 years) and explain the terms and 
conditions of the exemption. The exemption may be renewed (49 CFR 
381.315(c) and 49 CFR 381.300(b)).

SmartDrive's Application for Exemption

    SmartDrive has applied for an exemption from 49 CFR 393.60(e)(1) to 
allow an ADAS camera to be mounted lower in the windshield than is 
currently permitted. A copy of the application is included in the 
docket referenced at the beginning of this notice.
    Section 393.60(e)(1)(i) of the FMCSRs prohibits the 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 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 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)

[[Page 60943]]

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.
    In its application, SmartDrive states:

    SmartDrive is making this request so that it becomes possible to 
introduce Advanced Driver Assistance Systems (ADAS) to our current 
vehicle safety platform. These new ADAS capabilities include forward 
collision warnings, short following distance warnings, lane 
detection and departure warnings, and active monitoring with real-
time driver feedback.
    This system operates like many other similar systems for which 
FMCSA has granted exemptions. ADAS requires that a camera be mounted 
to the upper center area of the windshield in an area where the 
windshield is swept by the windshield wipers to provide a clear view 
to the lane markings on the road and other objects in front of the 
vehicle.
    This exemption will accommodate the ADAS camera and housing 
which is an integral part of our next-generation comprehensive 
vehicle safety system. The camera housing is approximately 3.71 
inches wide (94MM) by 5.2 inches tall (132MM) and will be mounted in 
the approximate center of the windshield with the bottom edge of the 
camera housing approximately 8 inches below the upper edge of the 
area swept by the windshield wipers. The camera is mounted outside 
of the drivers and passenger's normal sight lines to the road ahead, 
signs, signals, and mirrors. This location will allow for the 
optimal functionality of the advanced safety systems supported by 
the camera.
    SmartDrive has piloted the ADAS camera and functionality and 
found that all drivers and passengers agreed that there was no 
noticeable obstruction to the normal sight lines to the road ahead, 
highway signs, signals or any mirrors.

    The exemption would apply to all CMV operators utilizing SmartDrive 
ADAS camera systems. SmartDrive's believes that the installation of the 
ADAS systems camera within 8 inches below the upper edge of the area 
swept by the windshield wipers will maintain a level of safety that is 
equivalent to, or greater than, the level of safety achieved without 
the exemption.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests 
public comment from all interested persons on SmartDrive application 
for an exemption from 49 CFR 393.60(e)(1). All comments received before 
the close of business on the comment closing date indicated at the 
beginning of this notice will be considered and will be available for 
examination in the docket at the location listed under the ADDRESSES 
section of this notice. Comments received after the comment closing 
date will be filed in the public docket and will be considered to the 
extent practicable. In addition to late comments, FMCSA will also 
continue to file, in the public docket, relevant information that 
becomes available after the comment closing date. Interested persons 
should continue to examine the public docket for new material.

    Issued on: November 20, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-25825 Filed 11-26-18; 8:45 am]
 BILLING CODE 4910-EX-P