Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Bendix Commercial Vehicle Systems, LLC |
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Topics: Bendix
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Meera Catherine Joshi
Federal Motor Carrier Safety Administration
6 April 2021
[Federal Register Volume 86, Number 64 (Tuesday, April 6, 2021)]
[Notices]
[Pages 17877-17879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06982]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2020-0196]
Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Bendix Commercial Vehicle Systems, LLC
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant of exemption.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant the application of Bendix Commercial
Vehicle Systems, LLC (Bendix) for a limited five-year exemption to
allow its Bendix Advance Driver Assistance Systems (ADAS) technology 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 technology 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 April 6, 2021 and expires April 6,
2026.
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
[[Page 17878]]
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)).
Bendix's Application for Exemption
Bendix applied for an exemption from 49 CFR 393.60(e)(1) to allow
its ADAS technology to be mounted lower in the windshield than is
currently permitted by the Agency's regulations to optimize the
functionality of the technology system. A copy of the application is
included in the docket referenced at the beginning of this notice.
In its application, Bendix states that the functionality of its
ADAS technology now includes the ability to provide incident management
systems, performance or behavior management systems, lane departure
warning systems, forward collision warning or mitigation systems, and
active cruise control systems. Bendix notes that it piloted the
devices' functionality, and found that there was no obstruction to the
driver's normal sightlines to the road ahead, highway signs and
signals, or any mirrors.
The technology housing is approximately 142 mm (5.6 inches) tall by
138 mm (5.4 inches) wide, and will be mounted in the approximate center
of the windshield with the bottom edge of the housing approximately 204
mm (about 8 inches) below the upper edge of the area swept by the
windshield wipers. The technology 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 ADAS technology.
Without the proposed exemption, Bendix 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 Bendix ADAS technology mounted on
the windshield. Bendix believes that mounting the ADAS technology
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 December 01, 2020, and asked for public comment (85 FR 77336). The
Agency received one comment from the American Trucking Associations
(ATA). The ATA supported the exemption application, noting that the
Bendix ADAS technology is designed to provide safety features such as:
Forward collision warnings, following distance warnings, and lane
departure warnings. ATA argues that ADAS can help thousands of
commercial motor vehicle drivers to safely traverse U.S. highways.
FMCSA Decision
FMCSA has evaluated the Bendix exemption application. The ADAS
technology system housing is approximately 5.6 inches tall, and is
mounted near the top of the center of the windshield, with the bottom
of the housing located about 8 inches below the top of the area swept
by the windshield wipers. The housing needs to be mounted in this
location for optimal functionality of the ADAS system. The desired
optimal functionality and the relative size of the 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 technology 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 technology 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 technology 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 technology 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: Netradyne, Inc. 85 FR 82575 (Dec 18, 2020), J.J. Keller &
Associates, Inc. 85 FR 75106 (November 24, 2020), 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 April 6, 2021 and ending April 6, 2026. During the temporary
exemption period, motor carriers will be allowed to operate CMVs
equipped with Bendix ADAS technology in the
[[Page 17879]]
approximate center of the top of the windshield and such that the
bottom edge of the technology 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 Bendix's ADAS
technology 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.
Meera Catherine Joshi,
Acting Administrator.
[FR Doc. 2021-06982 Filed 4-5-21; 8:45 am]
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