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Parts and Accessories Necessary for Safe Operation; Application for an Exemption From EROAD, Inc. Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Meera Joshi Date: 18 October 2021 Subjects: American Government  , Safety
Topic: EROAD |
[Federal Register Volume 86, Number 198 (Monday, October 18, 2021)]
[Notices]
[Pages 57739-57740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22617]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0098]
Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From EROAD, Inc.
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
EROAD, Inc. (EROAD) for a limited five-year exemption to allow its
Dashcam 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 EROAD Dashcam 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 effective 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 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)).
[[Page 57740]]
EROAD's Application for Exemption
EROAD applied for an exemption from 49 CFR 393.60(e)(1) to allow
its Dashcam device to be mounted lower in the windshield than is
currently permitted to optimize its functionality. A copy of the
application is included in the docket referenced at the beginning of
this notice.
In its application, EROAD states that the functionality of its
Dashcam system includes the ability to provide performance or behavior
management systems which continuously record video footage on a local
storage device (SD Card) and send a video clip via the cellular network
to the cloud when triggered by harsh driving events or upon manual
driver request. EROAD 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 76 mm (3 inches) tall by
122 mm (4.8 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 device 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 Dashcam system.
Without the proposed exemption, EROAD states that its clients (1)
will not be able to install these devices in an optimal location to
maximize their safety features, and (2) could be fined for violating
current regulations. The exemption would apply to all CMVs equipped
with EROAD's Dashcam system mounted on the windshield. EROAD believes
that mounting the Dashcam device 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 July 26, 2021 and asked for public comment (86 FR 40135). The Agency
received one comment, from the American Trucking Associations (ATA).
The ATA supported the exemption, noting that EROAD's Dashcam system is
designed to provide fleet managers with important safety information to
document collisions and near-collisions, and to further train drivers.
FMCSA Decision
FMCSA has evaluated the EROAD exemption application. The Dashcam
device housing is approximately 3 inches tall and is mounted near the
top of the center of the windshield, with the bottom of the technology
housing located approximately 8 inches below the top of the area swept
by the windshield wipers. The technology housing needs to be mounted in
this location for optimal functionality of the Dashcam system. The
desired functionality and the relative size of the device 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
section 393.60(e)(1)(ii)(A).
The Agency believes that allowing placement of the Dashcam 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 Dashcam 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
Dashcam device housing does not extend more than 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 Dashcam
system 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 are allowed to operate CMVs
equipped with EROAD's Dashcam device in the approximate center of the
top of the windshield where 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 is 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 EROAD's Dashcam 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. 2021-22617 Filed 10-15-21; 8:45 am]
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