[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]
BILLING CODE 4910-EX-P


