[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]
BILLING CODE 4910-EX-P


