Parts and Accessories Necessary for Safe Operation; Application for an Exemption from J.J. Keller & Associates, Inc. |
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Topics: J.J. Keller & Associates
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James W. Deck
Federal Motor Carrier Safety Administration
24 November 2020
[Federal Register Volume 85, Number 227 (Tuesday, November 24, 2020)]
[Notices]
[Pages 75106-75107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25889]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2020-0169]
Parts and Accessories Necessary for Safe Operation; Application
for an Exemption from J.J. Keller & Associates, 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 application of J. J. Keller &
Associates, Inc. (J. J. Keller) for a limited five-year exemption to
allow its Advanced Driver Assistance Systems (ADAS) camera 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 ADAS camera 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 effective November 24, 2020 and will end
November 24, 2025.
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, 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 a day, 365 days a 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). 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)).
J. J. Keller's Application for Exemption
J. J. Keller applied for an exemption from 49 CFR 393.60(e)(1) to
allow its ADAS cameras to be mounted lower in the windshield than is
currently permitted by the Agency's regulations to optimize the
functionality of the camera system. A copy of the application is
included in the docket referenced at the beginning of this notice.
In its application, J. J. Keller states that the functionality of
its camera now includes the ability to provide following distance
warnings, lane departure warnings, monitoring of posted speed limit and
stop sign abidance, detection of driver drowsiness, and use of cell
phones and seat belts and that these features will increase safety. J.
J. Keller notes that it piloted the devices' functionality, and found
that there was no significant obstruction to the driver's normal
sightlines to the road ahead, highway signs and signals, or any
mirrors.
The camera housing is approximately 91.5 mm (3.6 inches) tall by
123.5 mm (4.86 inches) wide, 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 will be mounted outside the driver's
normal sight lines to the road ahead, signs, signals and mirrors. This
location will allow for optimal functionality of the safety features
supported by the camera.
Without the proposed exemption, J. J. Keller states that its
clients (1) will not be able to install these devices in an optimal
location on the windshield to maximize the effectiveness of the ADAS
safety features, and (2) could be fined for violating current
regulations. The exemption would apply to all CMVs equipped with J. J.
Keller's ADAS camera mounted on the windshield. J. J. Keller believes
that mounting the ADAS camera 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 August 13, 2020 and asked for public comment (85 FR 49416). The
Agency received comments from the National Private Truck Council
(NPTC), Wisconsin Motor Carriers Association (WMCA), and 72
individuals. The (NPTC) supported the exemption application, noting
that the J. J. Keller ADAS camera is designed to provide such features
as: Following distance warnings; lane departure warnings; monitoring of
posted speed limits; compliance with stop signs; and detection of
driver drowsiness, use of cell phones, seat belts, and food and drink
while in the cab. NPTC stated that these features promote beneficial
safety practices and are of interest to NPTC
[[Page 75107]]
member companies. The Wisconsin Council of Safety Supervisors, a
subdivision of the WMCA, composed of safety and personnel supervisors
from regulated for-hire and private motor carriers, unanimously voted
at its most recent meeting to support the J. J. Keller petition, citing
the safety benefits and referencing similar FMCSA exemptions granted to
other ADAS camera technology suppliers. Seventy-two individuals
provided comments on the J. J. Keller application, with some arguing
that the driver-facing portion of the ADAS camera could present a
distraction to the driver. Some commenters also expressed concern that
the camera could create a visual blind spot that may obstruct the
driver's view of traffic and traffic signs and signals in certain
driving situations.
FMCSA Decision
FMCSA has evaluated the J. J. Keller exemption application. The
ADAS camera system housing is approximately 3.6 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
desired optimal functionality and the relative 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
placement of the ADAS camera 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 information available, there is no indication
that the ADAS camera would obstruct drivers' views of the roadway,
highway signs and signals, 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
where the bottom of the ADAS camera housing will not exceed 8 inches
below the upper edge of the area swept by the windshield wipers outside
the driver's and passenger's normal sight lines to the road ahead,
highway signs and signals, and all mirrors, will be reasonable and
enforceable at roadside. In addition, the Agency believes the use of
the ADAS camera by fleets is likely to improve the overall level of
safety for the motoring public.
This action is consistent with the following previously issued
Agency actions permitting the placement of similarly-sized devices on
CMVs outside the driver's sight lines to the road, and highway signs
and signals: Samsara Networks, Inc. 85 FR 68409 (Oct. 28, 2020), Nauto
Inc. 85 FR 64220 (Oct. 9, 2020), Lytx Inc. 85 FR 30121 (May 21, 2020),
and Navistar Inc. 84 FR 64952 (Nov. 25, 2019). FMCSA is unaware of any
evidence showing that 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 24, 2020 and ending November 24, 2025. During the
temporary exemption period, motor carriers will be allowed to operate
CMVs equipped with J. J. Keller's ADAS camera 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
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 J. J. Keller's ADAS
camera 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 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. 2020-25889 Filed 11-23-20; 8:45 am]
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