Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Navistar Inc.

Topics:  Navistar

Larry W. Minor
Federal Motor Carrier Safety Administration
18 April 2019

[Federal Register Volume 84, Number 75 (Thursday, April 18, 2019)]
[Notices]
[Pages 16328-16330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07782]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0091]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Navistar 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 Navistar 
Inc. (Navistar) to allow its advanced driver-assistance systems (ADAS) 
to be mounted lower in the windshield on Navistar's commercial motor 
vehicles (CMV) than is currently permitted.

DATES: Comments must be received on or before May 20, 2019.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2019-0091 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

[[Page 16329]]

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. 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.

SUPPLEMENTARY INFORMATION: 

Background

    Under 49 CFR 381.315(a), FMCSA must publish a notice of each 
exemption request in the Federal Register. 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). 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)).

Navistar's Application for Exemption

    The Federal Motor Carrier Safety Regulations (FMCSR) require 
devices meeting the definition of ``vehicle safety technology,'' 
including Navistar's ADAS, to be mounted (1) not more than 4 inches 
below the upper edge of the area swept by the windshield wipers, or (2) 
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. Navistar has applied for an exemption from 
49 CFR 393.60(e)(1) to allow its ADAS 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. 
Because the ADAS will be mounted outside of the driver's normal sight 
lines to all mirrors, Navistar believes that the exemption will 
maintain a level of safety that is equivalent to, or greater than, the 
level of safety achieved without the exemption.
    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 Sec.  390.5 as 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.
    In its application, Navistar states:

    Navistar is making this request so operators can operate 
commercial motor vehicles with Navistar's advanced driver-assistance 
systems (ADAS) . . . These systems, like many other similar systems 
for which FMCSA has previously granted exemptions, require that a 
camera be mounted on the interior of the upper center area of the 
windshield and in an area where the windshield is swept by the 
windshield wipers to provide a clear view of the roadway ahead and 
any vehicles or obstacles that may be in the path of the vehicle. 
Navistar's ADAS system currently includes features such as enhanced 
rear-end collision mitigation, adaptive cruise control along with 
following distance alerts, stationary object alerts, lane departure 
warning, alerts when speeding, and automatic braking on stationary 
vehicles.
    The proposed exemption will increase safety by providing these 
ADAS features on Navistar commercial motor vehicles. The exemption 
will also allow Navistar to enable additional safety features in the 
future that will provide further safety benefits such as traffic 
sign recognition, active lane keeping, and driver fatigue 
monitoring. This exemption will become a critical enabler for future 
technology such as Autonomous Vehicles.
    In the Navistar installation, the camera housing is 
approximately 120 mm (4.72 inches) wide by 120 mm (4.72 inches) 
tall. We propose to mount the camera such that it is in the 
approximate center of the top 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 and 
passenger's normal sight lines to the road ahead, highway signs and 
signals, and all mirrors. This location will allow for proper 
installation (including connectors and cables) for optimal 
functionality of the advanced safety systems supported by the 
camera.
    Navistar has created a CAD layout of a typical Navistar 
conventional type truck to verify that the safety device does not 
significantly obstruct the FMVSS 104 Windshield Wiping and Washing 
Systems specified zones A, B, or C . . . The installation will not 
obstruct the C zone, and only obstructs <1% of B zone, and 
approximately 1.5% of the A zone.
    Navistar has virtually evaluated the impact of camera housings 
using digital human modeling software, and there was no noticeable 
obstruction to the normal sight lines to the road ahead, highway 
signs, signals, or any mirrors. Navistar has installed prototype 
camera housings in several Navistar commercial motor vehicles & 
operated them in typical over-the-road conditions during the past 6 
months. 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 driving Navistar 
vehicles equipped with its ADAS mounted on the windshield. Navistar 
believes that mounting the system as described 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 Navistar's application 
for an exemption from 49 CFR 393.60. All comments received before the 
close of business on

[[Page 16330]]

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: April 11, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-07782 Filed 4-17-19; 8:45 am]
 BILLING CODE 4910-EX-P