Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Nauto, Inc. |
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Topics: Nauto
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James W. Deck
Federal Motor Carrier Safety Administration
9 October 2020
[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Notices]
[Pages 64220-64222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22361]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2020-0106]
Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Nauto, 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 the Nauto, Inc. (Nauto) application for
a limited 5-year exemption to allow its multi-sensor device to be
mounted lower in the windshield on commercial motor vehicles (CMV) than
is currently permitted. The Agency has determined that lower placement
of the multi-sensor 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 9, 2020 and ending October
9, 2025.
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 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 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 (FMCSRs).
[[Page 64221]]
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)).
Nauto's Application for Exemption
Nauto applied for an exemption from 49 CFR 393.60(e)(1) to allow
its multi-sensor device to be mounted lower in the windshield than is
currently permitted by the Agency's regulations to allow optimal
functionality of the multi-sensor device. 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 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 must be 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, Nauto states that its technology uses a real-
time, AI-powered Driver Behavior Learning Platform that utilizes a
sophisticated road- and driver-facing, multi-sensor device equipped
with interior and exterior image sensors on the windshield that
continuously analyze driving activities. Nauto states that the interior
image sensors identify and analyze driver actions and objects to detect
distracted, drowsy, and risky driving, while the exterior image sensors
detect threats such as vehicles ahead. In addition to the visual risks
detected through AI on the image sensors, Nauto fuses all sensor data,
including vehicle speed, location, and telemetry data, to build a
complete, real-time risk assessment and predict risky events in
context. Nauto states that its technology helps predict, prevent and
reduce distracted/risky driving, alerts drivers in real time, and
allows for on-demand coaching of drivers. The technology also allows
for the monitoring of fleets and drivers, which assists companies in
identifying safety problems that can inform safety programs and
policies.
Nauto states that its technology ``cannot function properly unless
the device is mounted on a windshield at a location that allows the
multiple sensors to have sufficient viewing angles to both the driver
and exterior environment surrounding the vehicle and to ensure
visibility of sensors to the roadway ahead the sensor placement must be
within the area swept by the windshield wipers.'' While the FMCSRs
permit vehicle safety technologies to be placed within the swept area
of the windshield under specified conditions, Nauto states that in some
vehicles, its multi-sensor device must be placed lower than permitted
by the regulation. Specifically, Nauto notes that its device is:
. . . typically placed in the top of the center of the vehicle's
windshield. When possible, the device is located just below the
vehicle's headliner, outside of the driver's field of vision.
Sometimes such a placement is not possible, and the device is placed
on either side of the mirror, no more than four inches below the
upper edge of the area swept by the windshield wipers. But in some
vehicles, the device must be placed more than four inches below the
upper edge of the area swept by the windshield wipers . . . The
device's placement is never within the driver's sight lines to the
road and to highway signs and signals, and would not impair a
driver's ability to safely operate the vehicle. In the largest
vehicles, the device may be placed up to eight inches below the
upper edge of the area swept by the wipers, but in no event in a
location that could impair a driver's ability to safely operate the
vehicle.
Without the proposed exemption, Nauto states that it will not be
able to deploy its multi-sensor device in a manner that would provide
the range of benefits achievable with the technology because for the
device to fully function, placement must be, in some cases, outside of
the mounting area allowed by the FMCSRs. The exemption would apply to
all CMVs equipped with Nauto's multi-sensor device mounted on the
windshield. Nauto 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 2, 2020, and asked for public comment (85 FR 18632).
The Agency received no comments on the exemption application.
FMCSA Decision
FMCSA has evaluated the Nauto exemption application. In certain
vehicles, the multi-sensor device must be located up to 8 inches below
the top of the area swept by the windshield wipers. The device needs to
be mounted in this location to ensure that the multiple sensors have
sufficient viewing angles to both the driver and exterior environment
surrounding the vehicle, and to ensure the clear visibility of the
sensors to the roadway ahead. The Agency believes that granting the
exemption to allow placement of the multi-sensor 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 technical
information available, there is no indication that the multi-sensor
device 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 the multi-sensor device 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
[[Page 64222]]
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 October 9, 2020 and ending October 9, 2025. During the
temporary exemption period, motor carriers will be allowed to operate
CMVs equipped with Nauto's multi-sensor device in the approximate
center of the top of the windshield and such that the bottom edge of
the multi-sensor device 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 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 Nauto's multi-sensor
device 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.
James W. Deck,
Deputy Administrator.
[FR Doc. 2020-22361 Filed 10-8-20; 8:45 am]
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