83 FR 60942 - Parts and Accessories Necessary for Safe Operation; Application for an Exemption From SmartDrive Systems, Inc.
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 228 (November 27, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 228 (November 27, 2018)
| Page Range | 60942-60943 | |
| FR Document | 2018-25825 |
[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)] [Notices] [Pages 60942-60943] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25825] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2018-0321] Parts and Accessories Necessary for Safe Operation; Application for an Exemption From SmartDrive Systems, Inc. AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on an application for exemption from SmartDrive Systems, Inc. (SmartDrive) to allow an Advanced Driver Assistance Systems (ADAS) camera to be mounted lower in the windshield than is currently permitted. Mounting the camera in this location does not meet the driver's field of view requirements for windshields. The Federal Motor Carrier Safety Regulations (FMCSR) require devices meeting the definition of ``vehicle safety technology'' to be mounted not more than 4 inches below the upper edge of the area swept by the windshield wipers, or not more than 7 inches above the lower edge of the area swept by the windshield wipers, and outside the driver's sight lines to the road and highway signs and signals. Because the ADAS camera would be mounted outside of the driver's normal sight lines to the road ahead, highway signs, signals or any mirrors, SmartDrive believes that they will maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. DATES: Comments must be received on or before December 27, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA-2018-0321 using any of the following methods:Website: http://www.regulations.gov. Follow the instructions for submitting comments on the Federal electronic docket site. Fax: 1-202-493-2251. Mail: Docket Management Facility, U.S. Department of Transportation, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. Hand Delivery: Ground Floor, Room W12-140, DOT Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday-Friday, except Federal holidays. Instructions: All submissions must include the Agency name and docket number for this notice. For detailed instructions on submitting comments and additional information on the exemption process, see the ``Public Participation'' heading below. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the ``Privacy Act'' heading for further information. Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov or to Room W12-140, DOT Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. Public Participation: The http://www.regulations.gov website is generally available 24 hours each day, 365 days each year. You may find electronic submission and retrieval help and guidelines under the ``help'' section of the http://www.regulations.gov website as well as the DOT's http://docketsinfo.dot.gov website. If you would like notification that we received your comments, please include a self- addressed, stamped envelope or postcard or print the acknowledgment page that appears after submitting comments online. FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC- PSV, (202) 366-0676, [email protected], Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: Background FMCSA has authority to grant exemptions from some of the Federal Motor Carrier Safety Regulations (FMCSRs). Under 49 CFR part 381, FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public with 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 the safety analyses and the public comments 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(a)). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)). If the Agency denies the request, it must state the reason for doing so. If the decision is to grant the exemption, the notice must specify the person or class of persons receiving the exemption and the regulatory provision or provisions from which an exemption is granted. The notice must specify the effective period of the exemption (up to 5 years) and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)). SmartDrive's Application for Exemption SmartDrive has 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 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 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, lane departure warning system, forward collision warning or mitigation system, active cruise control system, and transponder.'' Section 393.60(e)(1)(ii) [[Page 60943]] 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 outside the driver's sight lines to the road and highway signs and signals. In its application, SmartDrive states: 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 many 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 (94MM) by 5.2 inches tall (132MM) 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 drivers and passenger's normal sight lines to the road ahead, signs, signals, and mirrors. This 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's 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. Request for Comments In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests public comment from all interested persons on SmartDrive application for an exemption from 49 CFR 393.60(e)(1). All comments received before the close of business on the comment closing date indicated at the beginning of this notice will be considered and will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should continue to examine the public docket for new material. Issued on: November 20, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-25825 Filed 11-26-18; 8:45 am] BILLING CODE 4910-EX-P
![60942 Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices
comment from all interested persons on instructions for submitting comments SUPPLEMENTARY INFORMATION:
the exemption petitions described in on the Federal electronic docket site.
Background
this notice. We will consider all • Fax: 1–202–493–2251.
comments received before the close of • Mail: Docket Management Facility, FMCSA has authority to grant
business on the closing date indicated U.S. Department of Transportation, exemptions from some of the Federal
in the dates section of the notice. Room W12–140, 1200 New Jersey Motor Carrier Safety Regulations
Avenue SE, Washington, DC 20590– (FMCSRs). Under 49 CFR part 381,
Issued on: November 20, 2018.
0001. FMCSA must publish a notice of each
Larry W. Minor, exemption request in the Federal
• Hand Delivery: Ground Floor, Room
Associate Administrator for Policy. Register (49 CFR 381.315(a)). The
W12–140, DOT Building, 1200 New
[FR Doc. 2018–25843 Filed 11–26–18; 8:45 am]
Jersey Avenue SE, Washington, DC, Agency must provide the public with an
BILLING CODE 4910–EX–P between 9 a.m. and 5 p.m. e.t., Monday– opportunity to inspect the information
Friday, except Federal holidays. relevant to the application, including
Instructions: All submissions must any safety analyses that have been
DEPARTMENT OF TRANSPORTATION conducted. The Agency must also
include the Agency name and docket
number for this notice. For detailed provide an opportunity for public
Federal Motor Carrier Safety comment on the request.
Administration instructions on submitting comments
and additional information on the The Agency reviews the safety
[Docket No. FMCSA–2018–0321] exemption process, see the ‘‘Public analyses and the public comments and
Participation’’ heading below. Note that determines whether granting the
Parts and Accessories Necessary for all comments received will be posted exemption would likely achieve a level
Safe Operation; Application for an without change to http:// of safety equivalent to or greater than
Exemption From SmartDrive Systems, www.regulations.gov, including any the level that would be achieved by the
Inc. personal information provided. Please current regulation (49 CFR 381.305(a)).
The decision of the Agency must be
AGENCY: Federal Motor Carrier Safety see the ‘‘Privacy Act’’ heading for
published in the Federal Register (49
Administration (FMCSA), DOT. further information.
CFR 381.315(b)). If the Agency denies
ACTION: Notice of application for Docket: For access to the docket to
the request, it must state the reason for
exemption; request for comments. read background documents or
doing so. If the decision is to grant the
comments received, go to http://
exemption, the notice must specify the
SUMMARY: The Federal Motor Carrier www.regulations.gov or to Room W12–
person or class of persons receiving the
Safety Administration (FMCSA) 140, DOT Building, 1200 New Jersey
exemption and the regulatory provision
requests public comment on an Avenue SE, Washington, DC, between 9
or provisions from which an exemption
application for exemption from a.m. and 5 p.m., Monday through
is granted. The notice must specify the
SmartDrive Systems, Inc. (SmartDrive) Friday, except Federal holidays.
effective period of the exemption (up to
to allow an Advanced Driver Assistance Privacy Act: In accordance with 5
5 years) and explain the terms and
Systems (ADAS) camera to be mounted U.S.C. 553(c), DOT solicits comments
conditions of the exemption. The
lower in the windshield than is from the public to better inform its
exemption may be renewed (49 CFR
currently permitted. Mounting the rulemaking process. DOT posts these
381.315(c) and 49 CFR 381.300(b)).
camera in this location does not meet comments, without edit, including any
the driver’s field of view requirements personal information the commenter SmartDrive’s Application for
for windshields. The Federal Motor provides, to www.regulations.gov, as Exemption
Carrier Safety Regulations (FMCSR) described in the system of records SmartDrive has applied for an
require devices meeting the definition of notice (DOT/ALL–14 FDMS), which can exemption from 49 CFR 393.60(e)(1) to
‘‘vehicle safety technology’’ to be be reviewed at www.dot.gov/privacy. allow an ADAS camera to be mounted
mounted not more than 4 inches below Public Participation: The http:// lower in the windshield than is
the upper edge of the area swept by the www.regulations.gov website is currently permitted. A copy of the
windshield wipers, or not more than 7 generally available 24 hours each day, application is included in the docket
inches above the lower edge of the area 365 days each year. You may find referenced at the beginning of this
swept by the windshield wipers, and electronic submission and retrieval help notice.
outside the driver’s sight lines to the and guidelines under the ‘‘help’’ section Section 393.60(e)(1)(i) of the FMCSRs
road and highway signs and signals. of the http://www.regulations.gov prohibits the obstruction of the driver’s
Because the ADAS camera would be website as well as the DOT’s http:// field of view by devices mounted at the
mounted outside of the driver’s normal docketsinfo.dot.gov website. If you top of the windshield. Antennas and
sight lines to the road ahead, highway would like notification that we received similar devices must not be mounted
signs, signals or any mirrors, SmartDrive your comments, please include a self- more than 152 mm (6 inches) below the
believes that they will maintain a level addressed, stamped envelope or upper edge of the windshield, and
of safety that is equivalent to, or greater postcard or print the acknowledgment outside the driver’s sight lines to the
than, the level of safety achieved page that appears after submitting road and highway signs and signals.
without the exemption. comments online. Section 393.60(e)(1)(i) does not apply to
DATES: Comments must be received on FOR FURTHER INFORMATION CONTACT: Mr. vehicle safety technologies, as defined
or before December 27, 2018. Luke W. Loy, Vehicle and Roadside in 390.5, including ‘‘a fleet-related
amozie on DSK3GDR082PROD with NOTICES1
ADDRESSES: You may submit comments Operations Division, Office of Carrier, incident management system,
bearing the Federal Docket Management Driver, and Vehicle Safety, MC–PSV, performance or behavior management
System (FDMS) Docket ID FMCSA– (202) 366–0676, Luke.Loy@dot.gov, system, speed management system, lane
2018–0321 using any of the following Federal Motor Carrier Safety departure warning system, forward
methods: Administration, 1200 New Jersey collision warning or mitigation system,
• Website: http:// Avenue SE, Washington, DC 20590– active cruise control system, and
www.regulations.gov. Follow the 0001. transponder.’’ Section 393.60(e)(1)(ii)
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![Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices 60943
requires devices with vehicle safety will be considered and will be available and water services near fire scenes.
technologies to be mounted (1) not more for examination in the docket at the FMCSA requests public comment on the
than 100 mm (4 inches) below the upper location listed under the ADDRESSES NMSCA application for exemption.
edge of the area swept by the section of this notice. Comments DATES: Comments must be received on
windshield wipers or (2) not more than received after the comment closing date or before December 27, 2018.
175 mm (7 inches) above the lower edge will be filed in the public docket and ADDRESSES: You may submit comments
of the area swept by the windshield will be considered to the extent identified by Federal Docket
wipers, and outside the driver’s sight practicable. In addition to late Management System (FDMS) Number
lines to the road and highway signs and comments, FMCSA will also continue to FMCSA–2018–0331 by any of the
signals. file, in the public docket, relevant following methods:
In its application, SmartDrive states: information that becomes available after • Federal eRulemaking Portal:
SmartDrive is making this request so that the comment closing date. Interested www.regulations.gov. See the Public
it becomes possible to introduce Advanced persons should continue to examine the Participation and Request for Comments
Driver Assistance Systems (ADAS) to our public docket for new material. section below for further information.
current vehicle safety platform. These new
Issued on: November 20, 2018. • Mail: Docket Management Facility,
ADAS capabilities include forward collision U.S. Department of Transportation, 1200
warnings, short following distance warnings, Larry W. Minor,
New Jersey Avenue SE, West Building,
lane detection and departure warnings, and Associate Administrator for Policy.
Ground Floor, Room W12–140,
active monitoring with real-time driver [FR Doc. 2018–25825 Filed 11–26–18; 8:45 am]
feedback. Washington, DC 20590–0001.
This system operates like many other
BILLING CODE 4910–EX–P • Hand Delivery or Courier: West
similar systems for which FMCSA has Building, Ground Floor, Room W12–
granted exemptions. ADAS requires that a 140, 1200 New Jersey Avenue SE,
camera be mounted to the upper center area DEPARTMENT OF TRANSPORTATION between 9 a.m. and 5 p.m. ET, Monday
of the windshield in an area where the through Friday, except Federal holidays.
windshield is swept by the windshield Federal Motor Carrier Safety • Fax: 1–202–493–2251.
wipers to provide a clear view to the lane Administration Each submission must include the
markings on the road and other objects in Agency name and the docket number for
[Docket No. FMCSA–2018–0331]
front of the vehicle. this notice. Note that DOT posts all
This exemption will accommodate the comments received without change to
Hours of Service of Drivers: National
ADAS camera and housing which is an
integral part of our next-generation Mobile Shower and Catering www.regulations.gov, including any
comprehensive vehicle safety system. The Association; Application for personal information included in a
camera housing is approximately 3.71 inches Exemption comment. Please see the Privacy Act
wide (94MM) by 5.2 inches tall (132MM) and heading below.
will be mounted in the approximate center of AGENCY: Federal Motor Carrier Safety Docket: For access to the docket to
the windshield with the bottom edge of the Administration (FMCSA), DOT. read background documents or
camera housing approximately 8 inches ACTION: Notice of application for comments, go to www.regulations.gov at
below the upper edge of the area swept by exemption; request for comments. any time or visit Room W12–140 on the
the windshield wipers. The camera is ground level of the West Building, 1200
mounted outside of the drivers and SUMMARY: FMCSA announces that it has New Jersey Avenue SE, Washington,
passenger’s normal sight lines to the road received an application for exemption DC, between 9 a.m. and 5 p.m., ET,
ahead, signs, signals, and mirrors. This from the National Mobile Shower and
location will allow for the optimal
Monday through Friday, except Federal
Catering Association (NMSCA) from holidays. The on-line FDMS is available
functionality of the advanced safety systems
various provisions of the Federal hours- 24 hours each day, 365 days each year.
supported by the camera.
SmartDrive has piloted the ADAS camera of-service (HOS) rules for commercial Privacy Act: In accordance with 5
and functionality and found that all drivers motor vehicle (CMV) drivers. The U.S.C. 553(c), DOT solicits comments
and passengers agreed that there was no NMSCA requests an exemption to allow from the public to better inform its
noticeable obstruction to the normal sight their member companies operating rulemaking process. DOT posts these
lines to the road ahead, highway signs, under a ‘‘Resource Order’’ to: (1) Extend comments, without edit, including any
signals or any mirrors. the 14-hour duty period to no more than personal information the commenter
The exemption would apply to all 16 hours; (2) not include ‘‘waiting time’’ provides, to www.regulations.gov, as
CMV operators utilizing SmartDrive while not performing duties in the described in the system of records
ADAS camera systems. SmartDrive’s calculation of the 16-hour duty period; notice (DOT/ALL–14 FDMS), which can
believes that the installation of the (3) not comply with the minimum 30- be reviewed at www.dot.gov/privacy.
ADAS systems camera within 8 inches minute rest break provision; (4) extend FOR FURTHER INFORMATION CONTACT: Mr.
below the upper edge of the area swept the maximum 60 hours on duty in any Richard Clemente, FMCSA Driver and
by the windshield wipers will maintain 7-day period to 80 hours on duty in any Carrier Operations Division; Office of
a level of safety that is equivalent to, or 7-day period; (5) extend the 11 hours of Carrier, Driver and Vehicle Safety
greater than, the level of safety achieved driving time to 12 hours; and, (6) extend Standards; Telephone: 202–366–2722.
without the exemption. the ‘‘8 days in 30’’ exception in the Email: MCPSD@dot.gov. If you have
electronic logging device (ELD) rule to questions on viewing or submitting
Request for Comments ‘‘12 days in 30.’’ The requested material to the docket, contact Docket
In accordance with 49 U.S.C. 31315 exemption is made on behalf of those Services, telephone (202) 366–9826.
amozie on DSK3GDR082PROD with NOTICES1
and 31136(e), FMCSA requests public drivers employed by NMSCA member SUPPLEMENTARY INFORMATION:
comment from all interested persons on companies engaged in the transportation
SmartDrive application for an of equipment that provides food and I. Public Participation and Request for
exemption from 49 CFR 393.60(e)(1). All water services to Federally-contracted Comments
comments received before the close of forest firefighters and similar emergency FMCSA encourages you to participate
business on the comment closing date workers who establish temporary base by submitting comments and related
indicated at the beginning of this notice camps and have immediate need of food materials.
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Document Created: 2018-11-27 01:24:33
Document Modified: 2018-11-27 01:24:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of application for exemption; request for comments. | |
| Dates | Comments must be received on or before December 27, 2018. | |
| Contact | Mr. Luke W. Loy, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC- PSV, (202) 366-0676, [email protected], Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. | |
| FR Citation | 83 FR 60942 |
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