[Federal Register Volume 84, Number 72 (Monday, April 15, 2019)]
[Notices]
[Pages 15284-15286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07435]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0321]


Parts and Accessories Necessary for Safe Operation; SmartDrive 
Systems, Inc.

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

-----------------------------------------------------------------------

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
announces its decision to grant SmartDrive System, Inc.'s (SmartDrive) 
application for a limited 5-year exemption from 49 CFR 393.60(e)(1) to 
allow an Advanced Driver Assistance Systems (ADAS) camera to be mounted 
lower in the windshield than is currently permitted. The Agency has 
determined that the placement of the SmartDrive ADAS camera lower in 
the windshield area would not have an adverse impact on safety, and 
that

[[Page 15285]]

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 15, 2019 and ending April 15, 
2024.

FOR FURTHER INFORMATION CONTACT: Mr. Luke 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. The on-line Federal document 
management system is available 24 hours each day, 365 days each 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 (FMCSR). 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 and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

SmartDrive's Application for Exemption

    SmartDrive applied for an exemption from 49 CFR 393.60(e)(1) to 
allow an ADAS camera to be mounted lower in the windshield than is 
currently permitted. A copy of the application is included in the 
docket referenced at the beginning of this notice.
    Section 393.60(e)(1)(i) of the FMCSRs prohibits the obstruction of 
the driver's field of view by devices mounted on the interior of the 
windshield. Antennas and similar devices must not be mounted more than 
152 mm (6 inches) below the upper edge of the windshield, and outside 
the driver's sight lines to the road and highway signs and signals. 
Section 393.60(e)(1)(i) does not apply to vehicle safety technologies, 
as defined in 390.5, including ``a fleet-related incident management 
system, performance or behavior management system, speed management 
system, forward collision warning or mitigations system, active cruise 
control system, and transponder.'' Section 393.60(e)(1)(ii) requires 
devices with safety technologies to be mounted (1) not more than 100 mm 
(4 inches) below the upper edge of the area swept by the windshield 
wipers; or (2) not more than 175 mm (7 inches) above the lower edge of 
the area swept by the windshield wipers; and (3) outside the driver's 
sight lines to the road and highway signs and signals.
    In its application, SmartDrive stated:

    SmartDrive is making this request so that it becomes possible to 
introduce Advanced Driver Assistance Systems (ADAS) to our current 
vehicle safety platform. These new ADAS capabilities include forward 
collision warnings, short following distance warnings, lane 
detection and departure warnings, and active monitoring with real-
time driver feedback.
    This system operates like any other similar systems for which 
FMCSA has granted exemptions. ADAS requires that a camera be mounted 
to the upper center area of the windshield in an area where the 
windshield is swept by the windshield wipers to provide a clear view 
to the lane markings on the road and other objects in front of the 
vehicle.
    This exemption will accommodate the ADAS camera and housing 
which is an integral part of our next-generation comprehensive 
vehicle safety system. The camera housing is approximately 3.71 
inches wide by 5.2 inches tall 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 is mounted outside 
of the driver[']s and passenger's normal sight lines to the road 
ahead, signs, signals, and mirrors. The location will allow for the 
optimal functionality of the advanced safety systems supported by 
the camera.
    SmartDrive has piloted the ADAS camera and functionality and 
found that all drivers and passengers agreed that there was no 
noticeable obstruction to the normal sight lines to the road ahead, 
highway signs, signals or any mirrors.

    The exemption would apply to all CMV operators utilizing SmartDrive 
ADAS camera systems. SmartDrive believes that the installation of the 
ADAS systems camera within 8 inches below the upper edge of the area 
swept by the windshield wipers 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 November 27, 2018, and asked for public comment (83 FR 60942). The 
Agency received comments from the National Tank Truck Carriers, Inc. 
(NTTC) and three individuals.
    NTTC supports granting the application to allow the use of the 
SmartDrive ADAS system camera, stating that SmartDrive' s application 
``falls within the spirit, if not the letter'' of the mandate in 
Section 5301 of the Fixing America's Surface Transportation (FAST) Act 
that directed FMCSA to amend the FMCSRs to permit certain ``vehicle 
safety technologies'' to be mounted within the swept area of the 
windshield wipers. NTTC stated that ``Windshield-mounted cameras 
provide well-documented safety benefits. FMCSA has granted applications 
for similar products before and has been directed to support this life-
saving technology. SmartDrive has developed a product that does not fit 
within FMCSA's pre-approved location on the windshield but does allow 
the driver an unobstructed view of the road, signs, signals, and 
mirrors. There is clearly no safety risk.''
    Two individuals also supported granting the application. One stated 
that ``As long as the devices do not block the driver's view, past 
(above) the outer edge of the hood, they should not be a problem.'' The 
other stated that ``For over 12 years SmartDrive has modeled a 
commitment to safety and a record of advancing technologies for the 
public good. In designing one of the smallest center-mounted ADAS 
cameras on the market, SmartDrive follows on similar systems for which 
FMCSA has granted exemptions and achieves the accuracy needed for a 
sophisticated computer vision camera along with the line of sight 
versatility required in today's commercial vehicle fleets.''
    One individual opposed the application, citing concerns that 
drivers

[[Page 15286]]

need ``the entire usable portion of the windshield in order to have 
[an] unbroken view of the constantly changing emergencies happening in 
any direction.''

FMCSA Decision

    FMCSA has evaluated the SmartDrive exemption application. The ADAS 
camera system housing is approximately 3.7 inches wide by 5.2 inches 
tall and will be mounted in the approximate center of the windshield. 
The bottom of the camera housing needs to be mounted approximately 8 
inches below the top of the swept area of the windshield wipers to 
obtain the optimal functionality of the advanced safety systems 
supported by the camera.
    The Agency believes that granting the temporary exemption to allow 
the placement of the ADAS camera system lower than currently permitted 
by the Agency's 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 technical information available, 
there is no indication that the ADAS camera system would obstruct 
drivers' views of the roadway, highway signs 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 of the bottom edge of the camera housing 
approximately 8 inches below the top of the area swept by the 
windshield wipers and out of the driver's normal sightline will be 
reasonable and enforceable at roadside. In addition, the Agency 
believes that the use of SmartDrive ADAS system cameras by fleets is 
likely to improve the overall level of safety to the motoring public.
    This action is consistent with previous Agency action permitting 
the placement of similarly-sized devices on CMVs outside the driver's 
sight lines to the road and highway signs and signals. FMCSA is not 
aware of any evidence showing that the 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 15, 2019 and ending April 15, 2024. During the 
temporary exemption period, motor carriers will be allowed to operate 
CMVs equipped with the SmartDrive ADAS camera system mounted in the 
approximate center of the windshield such that the bottom edge of the 
camera is not more than 8 inches below the upper edge of the swept area 
of the windshield wiper and outside the driver's sight lines to all 
mirrors, highway signs, signals, and view of the road ahead. 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 the SmartDrive ADAS 
camera 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 the 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. 31313(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.

    Issued on: April 8, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-07435 Filed 4-12-19; 8:45 am]
 BILLING CODE 4910-EX-P


