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

Topics:  Navistar

Jim Mullen
Federal Motor Carrier Safety Administration
25 November 2019

[Federal Register Volume 84, Number 227 (Monday, November 25, 2019)]
[Notices]
[Pages 64952-64953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25494]


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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 final disposition.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
announces its decision to grant Navistar Inc.'s (Navistar) application 
for a limited 5-year exemption 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. The Agency 
has determined that lower placement of the ADAS would not have an 
adverse impact on safety and that adherence to the terms and conditions 
of the exemption would achieve a level of safety equivalent to or 
greater than the level of safety provided by the regulation.

DATES: This exemption is effective November 25, 2019 and ending 
November 25, 2024.

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 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 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 and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

Navistar's Application for Exemption

    Navistar 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 by the Agency's regulations in order to utilize a location 
that allows optimal functionality of the camera system. 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. 
However, Sec.  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.
    In its application, Navistar states that its ADAS 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. Navistar states that the 
proposed exemption will increase safety by providing these ADAS 
features on its CMVs. Navistar notes that the exemption will also allow 
it 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. In addition, Navistar states 
that the ADAS will become a critical enabler for future technology such 
as autonomous vehicles.
    The camera housing is approximately 120 mm (4.72 inches) wide by 
120 mm (4.72 inches) tall, and will be mounted in the approximate 
center of the top of the windshield such that the bottom edge of the 
camera housing is approximately 8 inches below the upper edge of 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. 
This location will allow for proper installation (including connectors 
and cables) for optimal functionality of the advanced safety systems 
supported by the camera.
    Navistar states that mounting the ADAS in this location does not 
significantly obstruct specified zones A, B, or C for passenger cars in 
Federal

[[Page 64953]]

Motor Vehicle Safety Standard No. 104, ``Windshield wiping and washing 
systems.'' \1\
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    \1\ FMVSS No. 104 does not specify minimum swept areas for truck 
and buses.
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    Navistar installed prototype camera housings in several of its 
CMVs, and operated them in typical over-the-road conditions for a 
period of six months. Navistar states 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 m
    Without the proposed exemption, Navistar states that it will be 
unable to mount the ADAS on its CMVs due to concerns that (1) its 
``customers may be in violation of the current regulation,'' and (2) 
``the camera will not perform adequately to provide the safety benefit 
intended by the systems.''
    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.

Comments

    FMCSA published a notice of the application in the Federal Register 
on April 18, 2019, and asked for public comment (84 FR 16328). The 
Agency received no comments.

FMCSA Decision

    FMCSA has evaluated the Navistar exemption application. The ADAS 
camera system housing is approximately 4.72 inches tall, and is mounted 
near the top of the 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. The camera needs to be mounted in this 
location for optimal functionality of the ADAS system. The size of the 
camera 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 
the placement of the ADAS lower than currently permitted by the 
Agency's regulations will 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 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 8 inches below the 
upper edge of the windshield and out of the driver's normal sightline 
will be reasonable and enforceable at roadside. In addition, the Agency 
believes that the use of ADAS 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 November 25, 2019 and ending November 25, 2024. During the 
temporary exemption period, motor carriers will be allowed to operate 
CMVs equipped with Navistar's ADAS 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. 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 Navistar CMVs equipped with its ADAS 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. 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.

    Issued on: November 18, 2019.
Jim Mullen,
Deputy Administrator.
[FR Doc. 2019-25494 Filed 11-22-19; 8:45 am]
 BILLING CODE 4910-EX-P