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Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Forward Thinking Systems LLC Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Meera Joshi Date: 18 October 2021 Subjects: American Government  , Safety
Topic: FleetCam |
[Federal Register Volume 86, Number 198 (Monday, October 18, 2021)]
[Notices]
[Pages 57742-57744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22616]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0099]
Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Forward Thinking Systems LLC
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant of exemption.
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SUMMARY: The FMCSA announces its decision to grant the application of
Forward Thinking Systems LLC (FTS) for a limited five-year exemption to
allow its FleetCam system, which is equipped with cameras, to be
mounted lower in the windshield on commercial motor vehicles than is
currently permitted. The Agency has determined that lower placement of
the FleetCam 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 18, 2021 and ending October
13, 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
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
[[Page 57743]]
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)).
FTS's Application for Exemption
FTS applied for an exemption from 49 CFR 393.60(e)(1) to allow its
FleetCam device 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, FTS states that the functionality of the
FleetCam device includes the ability to provide lane departure warning,
forward collision warning, following distance warning, and video
camera-based behavior management systems which can be streamed live to
fleet managers. FTS 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 34 mm (1.33 inches) tall by
108 mm (4.25 inches) wide, and will be mounted in the approximate
center of the windshield with the bottom edge of the technology housing
approximately 204 mm (approximately 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 FleetCam device.
Without the proposed exemption, FTS 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 FleetCam safety
features, and (2) could be fined for violating current regulations. The
exemption would apply to all CMVs equipped with FTS's FleetCam system
mounted on the windshield. FTS believes that mounting the FTS's
FleetCam system as described will likely 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 July 14, 2021 and asked for public comment (86 FR 37205). The Agency
received no comments on the exemption application.
FMCSA Decision
FMCSA has evaluated the FTS exemption application. The FleetCam
device housing is approximately 1.33 inches tall and is mounted near
the top of the center of the windshield, with the bottom of the housing
located approximately 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 FleetCam device. The desired functionality
and the 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 FleetCam 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 information available, there is
no indication that the FleetCam device 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 FleetCam device 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 FleetCam device 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: Bendix Commercial Vehicle Systems, LLC 86 FR 17877 (April
6, 2021), 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 October 18, 2021 and ending October 13, 2026. During the
temporary exemption period, motor carriers will be allowed to operate
CMVs equipped with FTS's FleetCam device in the 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
[[Page 57744]]
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 FTS's FleetCam device
system 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 Joshi,
Deputy Administrator.
[FR Doc. 2021-22616 Filed 10-15-21; 8:45 am]
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