[Federal Register Volume 85, Number 99 (Thursday, May 21, 2020)]
[Notices]
[Pages 31021-31022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10971]



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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0244]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Lytx Inc.

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

ACTION: Notice of final disposition.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
announces its decision to grant the Lytx Inc. (Lytx) application for a 
limited five-year exemption to allow its advanced driver-assistance 
systems (ADAS) 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 would not have an adverse 
impact on safety and that adherence to the terms and conditions of the 
exemption would achieve a level of safety equivalent to, or greater 
than, the level of safety provided by the regulation.

DATES: This exemption is effective May 21, 2020 and ending May 18, 
2025.

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. 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)).

Lytx's Application for Exemption

    Lytx applied for an exemption from 49 CFR 393.60(e)(1) to allow its 
ADAS to be mounted lower in the windshield than is currently permitted 
by the Agency's regulations in order to utilize a mounting location 
that allows optimal functionality of the camera system. 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 obstruction of the 
driver's field of view by devices mounted at the top 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 must be outside the 
driver's sight lines to the road and highway signs and signals. 
However, Sec.  393.60(e)(1)(i) does not apply to vehicle safety 
technologies, as defined in Sec.  390.5, that include ``a fleet-related 
incident management system, performance or behavior management system, 
speed management system, forward collision warning or mitigation 
system, active cruise control system, and transponder.'' Section 
393.60(e)(1)(ii) requires devices with vehicle 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, Lytx states that it has expanded the 
functionality of its camera systems to include ADAS capabilities 
through its ``Machine Vision & Artificial Intelligence'' (MV+AI) 
platform. These capabilities now include the ability to provide forward 
collision warnings, following distance warnings, and lane departure 
warnings along with detection of stop signs and use of cell phones, 
seat belts, food and drink, smoking, etc. Lytx states that the proposed 
exemption will increase safety by providing these ADAS features on its 
clients' CMVs. Lytx notes that it piloted the devices' functionality, 
and found that there was no noticeable obstruction to the driver's 
normal sightlines to the road ahead, highway signs and, signals, or any 
mirrors.
    The camera housing is approximately 127 mm (5 inches) wide by 108 
mm (4.2 inches) tall, and will be mounted in the approximate center of 
the top of the windshield such that the bottom edge of the camera 
housing is approximately 204 mm (8 inches) below the upper edge of 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. 
This location will allow for proper installation (including connectors 
and cables) for optimal functionality of the advanced safety systems 
supported by the camera.
    Without the proposed exemption, Lytx 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 of 
the technology, and (2) could be fined for violating current 
regulations. The exemption would apply to all CMVs equipped with Lytx's 
ADAS mounted on the windshield. Lytx believes that mounting the 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 3, 2019, and asked for public comment (84 FR 66271).
    The Agency received three comments, from the American Trucking 
Associations, the National Waste & Recycling Association, and the 
International Foodservice Distributors Association. Each organization 
supported the Lytx exemption application, and noted that granting it 
would (1) allow for increased use of the ADAS technologies in CMVs, (2) 
improve safety, and (3) be consistent with previous FMCSA actions 
granting exemptions for similarly-sized devices.

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FMCSA Decision

    FMCSA has evaluated the Lytx exemption application. The ADAS camera 
system housing is approximately 4.2 inches tall, and is mounted near 
the top of the center of the windshield, with the bottom of the camera 
housing located approximately 8 inches below the top of the area swept 
by the windshield wipers. The camera needs to be mounted in this 
location for optimal functionality of the ADAS system. The size of the 
camera 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 lower than currently permitted by Agency 
regulations will 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 would obstruct drivers' views of the roadway, 
highway signs and signals 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 8 inches 
below the upper edge of the windshield and out of the driver's normal 
sightline will be reasonable and enforceable at roadside. In addition, 
the Agency believes that use of ADAS by fleets is likely to improve the 
overall level of safety for 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 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 May 21, 2020 and ending May 18, 2025. During the temporary 
exemption period, motor carriers will be allowed to operate CMVs 
equipped with Lytx's ADAS in the approximate center of the top of the 
windshield and such that the bottom edge of the camera housing is 
approximately 8 inches below the upper edge of the windshield, 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 Lytx's ADAS 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.

James A. Mullen,
Acting Administrator.
[FR Doc. 2020-10971 Filed 5-20-20; 8:45 am]
 BILLING CODE 4910-EX-P


