Parts and Accessories Necessary for Safe Operation; SmartDrive Systems, Inc. |
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Topics: SmartDrive Systems
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Raymond P. Martinez
Federal Motor Carrier Safety Administration
15 April 2019
[Federal Register Volume 84, Number 72 (Monday, April 15, 2019)]
[Notices]
[Pages 15284-15286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07435]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0321]
Parts and Accessories Necessary for Safe Operation; SmartDrive
Systems, Inc.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant SmartDrive System, Inc.'s (SmartDrive)
application for a limited 5-year exemption from 49 CFR 393.60(e)(1) to
allow an Advanced Driver Assistance Systems (ADAS) camera to be mounted
lower in the windshield than is currently permitted. The Agency has
determined that the placement of the SmartDrive ADAS camera lower in
the windshield area would not have an adverse impact on safety, and
that
[[Page 15285]]
adherence to the terms and conditions of the exemption would likely
achieve a level of safety equivalent to or greater than the level of
safety provided by the regulation.
DATES: This exemption is effective April 15, 2019 and ending April 15,
2024.
FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-0676, 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 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. The on-line Federal document
management system is available 24 hours each day, 365 days each 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 (FMCSR). 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 and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).
SmartDrive's Application for Exemption
SmartDrive 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 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 390.5, including ``a fleet-related incident management
system, performance or behavior management system, speed management
system, forward collision warning or mitigations system, active cruise
control system, and transponder.'' Section 393.60(e)(1)(ii) requires
devices with 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.
In its application, SmartDrive stated:
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 any 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 by 5.2 inches tall 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 driver[']s and passenger's normal sight lines to the road
ahead, signs, signals, and mirrors. The 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 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.
Comments
FMCSA published a notice of the application in the Federal Register
on November 27, 2018, and asked for public comment (83 FR 60942). The
Agency received comments from the National Tank Truck Carriers, Inc.
(NTTC) and three individuals.
NTTC supports granting the application to allow the use of the
SmartDrive ADAS system camera, stating that SmartDrive' s application
``falls within the spirit, if not the letter'' of the mandate in
Section 5301 of the Fixing America's Surface Transportation (FAST) Act
that directed FMCSA to amend the FMCSRs to permit certain ``vehicle
safety technologies'' to be mounted within the swept area of the
windshield wipers. NTTC stated that ``Windshield-mounted cameras
provide well-documented safety benefits. FMCSA has granted applications
for similar products before and has been directed to support this life-
saving technology. SmartDrive has developed a product that does not fit
within FMCSA's pre-approved location on the windshield but does allow
the driver an unobstructed view of the road, signs, signals, and
mirrors. There is clearly no safety risk.''
Two individuals also supported granting the application. One stated
that ``As long as the devices do not block the driver's view, past
(above) the outer edge of the hood, they should not be a problem.'' The
other stated that ``For over 12 years SmartDrive has modeled a
commitment to safety and a record of advancing technologies for the
public good. In designing one of the smallest center-mounted ADAS
cameras on the market, SmartDrive follows on similar systems for which
FMCSA has granted exemptions and achieves the accuracy needed for a
sophisticated computer vision camera along with the line of sight
versatility required in today's commercial vehicle fleets.''
One individual opposed the application, citing concerns that
drivers
[[Page 15286]]
need ``the entire usable portion of the windshield in order to have
[an] unbroken view of the constantly changing emergencies happening in
any direction.''
FMCSA Decision
FMCSA has evaluated the SmartDrive exemption application. The ADAS
camera system housing is approximately 3.7 inches wide by 5.2 inches
tall and will be mounted in the approximate center of the windshield.
The bottom of the camera housing needs to be mounted approximately 8
inches below the top of the swept area of the windshield wipers to
obtain the optimal functionality of the advanced safety systems
supported by the camera.
The Agency believes that granting the temporary exemption to allow
the placement of the ADAS camera system lower than currently permitted
by the Agency's 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 technical information available,
there is no indication that the ADAS camera system would obstruct
drivers' views of the roadway, highway signs 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 of the bottom edge of the camera housing
approximately 8 inches below the top of the area swept by the
windshield wipers and out of the driver's normal sightline will be
reasonable and enforceable at roadside. In addition, the Agency
believes that the use of SmartDrive ADAS system cameras by fleets is
likely to improve the overall level of safety to the motoring public.
This action is consistent with previous Agency action permitting
the placement of similarly-sized devices on CMVs outside the driver's
sight lines to the road and highway signs and signals. FMCSA is not
aware of any evidence showing that the installation of other vehicle
safety technologies mounted on the interior of the windshield has
resulted in any degradation in safety.
Terms and Conditions for the Exemption
The Agency hereby grants the exemption for a 5-year period,
beginning April 15, 2019 and ending April 15, 2024. During the
temporary exemption period, motor carriers will be allowed to operate
CMVs equipped with the SmartDrive 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. The
exemption will be valid for 5 years unless rescinded earlier by FMCSA.
The exemption will be rescinded if: (1) Motor carriers and/or
commercial motor vehicles fail to comply with the terms and conditions
of the exemption; (2) the exemption has resulted in a lower level of
safety than was maintained before it was granted; or (3) continuation
of the exemption would not be consistent with the goals and objectives
of 49 U.S.C. 31136(e) and 31315(b).
Interested parties possessing information that would demonstrate
that motor carriers operating CMVs equipped with the SmartDrive ADAS
camera 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 the 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. 31313(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.
Issued on: April 8, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-07435 Filed 4-12-19; 8:45 am]
BILLING CODE 4910-EX-P