Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Bendix Commercial Vehicle Systems, LLC

Topics:  Bendix

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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