[Federal Register Volume 85, Number 244 (Friday, December 18, 2020)]
[Notices]
[Pages 82575-82576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27967]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0173]


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

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

ACTION: Notice of final disposition; grant of exemption.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
announces its decision to grant Netradyne, Inc's. (Netradyne) 
application for a limited 5-year exemption to allow its Driveri[supreg] 
Dash Cam 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 Driveri[supreg] Dash Cam 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 December 18, 2020. The exemption 
expires December 15, 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. 
If you have questions regarding viewing or submitting material to the 
docket, contact Docket Operations, (202) 366-9826.

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)).

Netradyne's Application for Exemption

    Netradyne applied for an exemption from 49 CFR 393.60(e)(1) to 
allow its Driveri[supreg] Dash Cam to be mounted lower in the 
windshield than is currently permitted by the Agency's regulations to 
utilize a mounting location that allows optimal functionality of the 
advance safety system supported by the device. 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.
    Netradyne states that the functionality of its Driveri[supreg] Dash 
Cam includes the ability to capture and analyze distracted driving 
events along with providing in-cab audio alerts, following distance 
management, and detection of stop signs and traffic signals. Netradyne 
states that the proposed exemption will increase safety by providing 
these advance safety features on its customers' CMVs. Netradyne notes 
that it conducted pilot tests of 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 Driveri[supreg] Dash Cam, four-camera version housing, is 
approximately 190 mm (7.4 inches) wide by 118 mm (4.6 inches) tall and 
the two-camera version housing is 126 mm (4.9 inches) wide by 71 mm 
(2.8 inches) tall. The devices 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 optimal functionality of the 
advanced safety systems supported by the device. Without the proposed 
exemption, Netradyne states that its customers will not be able to 
install these devices in an optimal location on the windshield to

[[Page 82576]]

maximize the effectiveness of the safety features of the technology. 
The exemption would apply to all CMVs equipped with Netradyne's 
Driveri[supreg] Dash Cam mounted on the windshield. Netradyne 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 announcing receipt of the exemption 
application in the Federal Register on August 20, 2020, and requested 
public comment on the application (85 FR 51545).
    The Agency received no comments addressing the exemption 
application.

FMCSA Decision

    FMCSA has evaluated the Netradyne exemption application. The 
Driveri[supreg] Dash Cam, four-camera housing version, is approximately 
4.6 inches tall while the two-camera housing version is 2.8 inches 
tall. Both camera versions are 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 Driveri[supreg] Dash Cam needs to be mounted in 
this location for optimal functionality of the advance safety system. 
The size of the Driveri[supreg] Dash Cam 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 Driveri[supreg] Dash Cam 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 Driveri[supreg] Dash Cam 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 
Driveri[supreg] Dash Cam 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.

James W. Deck,
Deputy Administrator.
[FR Doc. 2020-27967 Filed 12-17-20; 8:45 am]
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