12596 Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Rules and Regulations 

obligations of non-agency parties. 

However, this action will be effective at 

1:00 p.m. HST March 7, 2022, because 

it is a final approval. 

Authority: This action is issued under the 

authority of Sections 2002(a), 7004(b), and 

9004, 9005 and 9006 of RCRA, also known 

as the Solid Waste Disposal Act, as amended, 

42 U.S.C. 6912(a), 6974(b), and 6991c, 6991d, 

and 6991e. 

List of Subjects in 40 CFR Part 281 

Environmental protection, 

Administrative practice and procedure, 

Hazardous substances, Petroleum, 

Reporting and recordkeeping 

requirements, State program approval, 

Underground storage tanks. 

Dated: February 26, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region 9. 

[FR Doc. 2022–04723 Filed 3–4–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 393 

[Docket No. FMCSA–2021–0037] 

RIN 2126–AC42 

Parts and Accessories Necessary for 

Safe Operation; Authorized Windshield 

Area for the Installation of Vehicle 

Safety Technology 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: FMCSA amends the Federal 

Motor Carrier Safety Regulations 

(FMCSRs) to increase the area on the 

interior of commercial motor vehicle 

(CMV) windshields where certain 

vehicle safety technology devices may 

be mounted. In addition, FMCSA adds 

items to the definition of vehicle safety 

technology. This final rule responds to 

a rulemaking petition from Daimler 

Trucks North America (DTNA). 

DATES: Effective May 6, 2022. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Luke W. Loy, Vehicle and Roadside 

Operations Division, Office of Policy, 

Federal Motor Carrier Safety 

Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001; (202) 366–0676; Luke.Loy@

dot.gov. If you have questions on 

viewing or submitting material to the 

docket, call Dockets Operations at (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: FMCSA 

organizes this final rule as follows: 

I. Availability of Rulemaking Documents 

II. Executive Summary 

A. Purpose and Summary of the Regulatory 

Action 

B. Costs and Benefits 

III. Abbreviations 

IV. Legal Basis 

V. Discussion of Proposed Rulemaking 

VI. Changes From the NPRM 

VII. Section-by-Section Analysis 

VII. Regulatory Analyses 

A. E.O. 12866 (Regulatory Planning and 

Review), E.O. 13563 (Improving 

Regulation and Regulatory Review), and 

DOT Regulatory Policies and Procedures 

B. Congressional Review Act 

C. Regulatory Flexibility Act (Small 

Entities) 

D. Assistance for Small Entities 

E. Unfunded Mandates Reform Act of 1995 

F. Paperwork Reduction Act (Collection of 

Information) 

G. E.O. 13132 (Federalism) 

H. Privacy 

I. E.O. 13175 (Indian Tribal Governments) 

J. National Environmental Policy Act of 

1969 

I. Availability of Rulemaking 

Documents 

To view any documents mentioned as 

being available in the docket, go to 

https://www.regulations.gov/docket/ 

FMCSA-2021-0037/document and 

choose the document to review. To view 

comments, click this final rule, then 

click ‘‘Browse Comments.’’ If you do not 

have access to the internet, you may 

view the docket online by visiting 

Dockets Operations at U.S. Department 

of Transportation, Room W12–140, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001, between 9 a.m. and 5 p.m., 

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 Dockets 

Operations. 

II. Executive Summary 

A. Purpose and Summary of the 

Regulatory Action 

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. 

Section 393.60(e)(1)(i) does not apply 

to vehicle safety technologies, as 

defined in § 393.5, that include ‘‘a fleetrelated 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. 

The Agency modifies § 393.60(e)(1)(ii) 

to increase from 100 mm (4 inches) to 

216 mm (8.5 inches) the distance below 

the upper edge of the area swept by the 

windshield wipers within which 

vehicle safety technologies may be 

mounted. The Agency also amends 

§ 393.5 by revising the definition of 

vehicle safety technology to add 

technologies that had been granted 

temporary exemptions from § 393.60(e). 

The amendments do not impose new or 

more stringent requirements, but simply 

codify the temporary exemptions 

granted pursuant to 49 CFR part 381 

that allow the use of the devices/ 

technologies in locations that would 

previously have been a violation of 

§ 393.60(e)(1). More importantly, the 

amendments do not mandate the use of 

any devices/technologies, but simply 

permit their voluntary use while 

mounted in a location that maximizes 

their effectiveness without impairing 

operational safety. 

B. Costs and Benefits 

The Agency expects that the final rule 

will generate cost savings for both 

industry and the Federal Government by 

reducing the overall time burden 

associated with the exemption request 

and approval process associated with 49 

U.S.C. 31315(b) and the implementing 

regulations under 49 CFR part 381. The 

Agency estimates this final rule will 

result in total annualized cost savings of 

$10,903 at 3 percent and 7 percent 

discount rates, respectively. 

III. Abbreviations 

ANPRM Advance Notice of Proposed 

Rulemaking 

BLS U.S. Bureau of Labor Statistics 

CE Categorical Exclusion 

CIB Crash Imminent Braking 

CMV Commercial Motor Vehicle 

DOT Department of Transportation 

DBS Dynamic Brake Support 

DTNA Daimler Trucks North America 

ECEC Employer Costs for Employee 

Compensation 

ELD Electronic Logging Devices 

E.O. Executive Order 

FAST Act Fixing America’s Surface 

Transportation Act 

FMCSA Federal Motor Carrier Safety 

Administration 

FMCSRs Federal Motor Carrier Safety 

Regulations 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Rules and Regulations 12597 

FR Federal Register 

GS General Schedule 

GPS Global Positioning System 

NEPA National Environmental Policy Act 

of 1969 

NPRM Notice of Proposed Rulemaking 

OMB Office of Management and Budget 

PIA Privacy Impact Assessment 

PII Personally Identifiable Information 

Secretary Secretary of Transportation 

U.S.C. United States Code 

IV. Legal Basis for the Rulemaking 

This final rule is based on the 

authority of the Motor Carrier Act, 1935 

(1935 Act), the Motor Carrier Safety Act 

of 1984 (1984 Act), and the Fixing 

America’s Surface Transportation 

(FAST) Act. 

The 1935 Act, as amended, provides 

that ‘‘[t]he Secretary of Transportation 

may prescribe requirements for—(1) 

qualifications and maximum hours of 

service of employees of, and safety of 

operation and equipment of, a motor 

carrier; and (2) qualifications and 

maximum hours-of-service of employees 

of, and standards of equipment of, a 

motor private carrier, when needed to 

promote safety of operation.’’ (49 U.S.C. 

31502(b)). 

The 1984 Act provides concurrent 

authority to regulate drivers, motor 

carriers, and vehicle equipment. It 

requires the Secretary to ‘‘prescribe 

regulations on commercial motor 

vehicle safety. The regulations shall 

prescribe minimum safety standards for 

commercial motor vehicles. At a 

minimum, the regulations shall ensure 

that—(1) commercial motor vehicles are 

maintained, equipped, loaded, and 

operated safely; (2) the responsibilities 

imposed on operators of commercial 

motor vehicles do not impair their 

ability to operate the vehicles safely; (3) 

the physical condition of operators of 

commercial motor vehicles is adequate 

to enable them to operate vehicles safely 

. . . ; (4) the operation of commercial 

motor vehicles does not have a 

deleterious effect on the physical 

condition of the operators; and (5) an 

operator of a commercial motor vehicle 

is not coerced by a motor carrier, 

shipper, receiver, or transportation 

intermediary to operate a commercial 

motor vehicle in violation of a 

regulation promulgated under this 

section, or chapter 51 or chapter 313 of 

this title.’’ (49 U.S.C. 31136(a)). 

Section 5301 of the FAST Act directs 

FMCSA to exempt voluntary mounting 

of a vehicle safety technology on a 

windshield if that technology is likely to 

achieve a level of safety that is 

equivalent to or greater than the level of 

safety that would be achieved without 

the exemption (Pub. L. 114–94, 129 Stat. 

1312, 1543, Dec. 4, 2015). Section 

5301(c) also specifies that any 

regulatory exemption for windshieldmounted technologies in effect on the 

date of enactment of the FAST Act 

‘‘shall be considered likely to achieve a 

level of safety that is equivalent to or 

greater than the level of safety that 

would be achieved absent an 

exemption. . . .’’ 

This final rule is based in part on the 

1935 Act, which allows the Agency to 

regulate the ‘‘safety of operation and 

equipment’’ of a motor carrier and the 

‘‘standards of equipment’’ of a motor 

private carrier. The requirements of 49 

U.S.C. 31136(a)(1), (2), and (4) of the 

1984 Act are also applicable to this 

rulemaking action. The Agency amends 

49 CFR part 393 to allow certain safety 

equipment to be mounted within the 

area of the windshield swept by the 

windshield wipers. The Agency believes 

that these changes will be welcomed by 

motor carriers and drivers alike and that 

coercion to violate these revised 

provisions, which is prohibited by 

§ 31136(a)(5), will not be an issue. The 

final rule does not involve the physical 

condition of drivers under § 31136(a)(3). 

This final rule rests in part on the 

intent of Congress expressed in section 

5301 of the FAST Act to exempt safety 

equipment mounted within the swept 

area of windshields, provided such 

devices do not degrade operational 

safety. 

FMCSA must consider the ‘‘costs and 

benefits’’ of any proposal before 

promulgating regulations (49 U.S.C. 

31136(c)(2)(A), 31502(d)). 

V. Discussion of Proposed Rulemaking 

A. Proposed Rulemaking 

On July 6, 2021, FMCSA published in 

the Federal Register a Notice of 

Proposed Rulemaking (NPRM) (Docket 

No. FMCSA–2021–0037, 86 FR 35449) 

titled ‘‘Parts and Accessories Necessary 

for Safe Operation; Authorized 

Windshield Area for the Installation of 

Vehicle Safety Technology.’’ The NPRM 

proposed to modify 49 CFR 393.60(e) to 

allow certain vehicle safety technologies 

to be mounted on the interior of the 

windshield of a CMV, within a defined 

portion of the swept area of the 

windshield. The NPRM also proposed to 

modify the definition of vehicle safety 

technology in 49 CFR 393.5 to add 

technologies that had been granted 

temporary exemptions from § 393.60(e) 

since the 2016 final rule. 

B. Comments and Responses 

1. Responses to Questions Posed in 

NPRM 

The comment period closed on 

August 5, 2021. The following 17 parties 

submitted comments: American 

Trucking Associations (ATA); Car 

Couriers Inc.; Daimler Trucks North 

America LLC (DTNA); EROAD; 

Fastfreight Express; Lidar Coalition; 

Lytx, Inc.; Motor & Equipment 

Manufacturers Association (MEMA); 

Netradyne, Inc.; Omnitracs, LLC and 

SmartDrive Systems; Owner-Operator 

Independent Drivers Association 

(OOIDA); Samsara Inc.; Truck and 

Engine Manufacturers Association 

(EMA); United Motorcoach Association 

(UMA); ZF North America; and two 

private citizens. 

To assist in development of the 

proposed regulatory revisions, the 

Agency requested responses to two 

specific questions. 

Question 1: Does the definition of 

vehicle safety technology need to be 

expanded further to address other 

potential technologies and/or 

multifunction devices such as electronic 

logging devices that incorporate 

technologies such as Global Positioning 

Systems (GPS) that either require 

placement in the approximate middle of 

the CMV windshield or would benefit 

driver safety by not diverting the CMV 

driver’s eyes from the road and would 

be subject to the positioning 

requirements of § 393.60(e)(1)? 

Responses: Most commenters 

supported the proposed definition of 

vehicle safety technology from the 

NPRM. Some commenters added that 

the proposed definition does not need to 

be expanded further and should be 

finalized as written. 

Some commenters stated that the 

proposed definition of vehicle safety 

technology provides adequate flexibility 

by not restricting the definition to the 

listed safety technology examples. 

DTNA requested FMCSA clarify that the 

list of technologies in the definition is 

not exclusive. DTNA stated that this 

clarification could be made by revising 

the definition of vehicle safety 

technology to read, in part, ‘‘Examples 

of vehicle safety technology systems and 

devices include, but are not limited to 

. . .’’ and ‘‘Vehicle safety technology 

includes but is not limited to. . . .’’ 

DTNA stated that this change to the 

definition would clarify that the list is 

not all-encompassing, allow for multifunction devices, and prevent the need 

for exemption requests in the future for 

emerging technologies, while still 

ensuring that the covered technologies 

would be limited to those that have an 

impact on and promote vehicle safety. 

Lidar Coalition proposed revising the 

first sentence of the definition of vehicle 

safety technology to read as follows: 

Vehicle safety technology includes 

systems, components, and items of 


khammond on DSKJM1Z7X2PROD with RULES
12598 Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Rules and Regulations 

equipment used to assist in managing any 

aspect of the dynamic driving task (as 

defined in SAE J3016), or improve the safety 

of drivers, occupants, and other road users 

(such as pedestrians or cyclists). 

Lidar Coalition stated that this revision 

would focus the definition on Advanced 

Driver Assistance System technology 

and broaden the potential beneficiaries 

of such technology to include all road 

users. 

ATA agreed with the proposed 

definition and stated that FMCSA 

should continue to update the definition 

of vehicle safety technology in the future 

after evaluating new devices with sound 

data demonstrating safety performance 

at and above the current standard. 

Some commenters expressed general 

support for adding GPS and Electronic 

Logging Device (ELD) systems to the 

definition of vehicle safety technology, 

stating that these devices enhance 

safety. A few commenters supported the 

addition of GPS devices to the 

definition of vehicle safety technology 

so those devices can be positioned 

closer to the driver’s line of sight and 

the drivers do not need to look away 

from the road to view them. Some 

commenters stated that ELDs do not 

need to be mounted on windshields for 

the operation of the device and that 

such placement would cause an 

unnecessary distraction. A few 

commenters stated that GPS and ELD 

systems may be integrated with other 

devices listed in the definition of 

vehicle safety technology that could be 

placed on the windshield and therefore 

needed to be included in the definition. 

The Lidar Coalition supported 

inclusion of lidar in the proposed 

definition, stating that such systems will 

provide multiple safety benefits when 

mounted on the interior of windshields. 

MEMA stated that the windshield 

space should be prioritized for safety 

systems that require a clear and clean 

windshield to operate, such as a 

forward-looking camera, and not 

systems that can function from other 

positions, such as a GPS unit. 

OOIDA expressed concern that the 

proposed definition of vehicle safety 

technology includes some technologies 

that are proven to increase the 

likelihood of crashes or need more 

research to determine their effect on 

vehicle safety, such as speed 

management systems, automatic 

emergency braking (AEB) systems, and 

equipment being deployed on 

autonomous vehicles. OOIDA stated 

that FMCSA should not mandate use of 

these technologies. 

UMA commented that some States 

may have adopted laws that would 

conflict with the proposed definition of 

vehicle safety technology and provided 

an example of a California law that 

would be in conflict with the proposed 

definition. The California law cited by 

UMA states that a GPS device ‘‘may be 

mounted in a seven-inch square in the 

lower corner of the windshield farthest 

removed from the driver or in a fiveinch square in the lower corner of the 

windshield nearest to the driver’’ and a 

video event recorder ‘‘may be mounted 

in a seven-inch square in the lower 

corner of the windshield farthest 

removed from the driver, in a five-inch 

square in the lower corner of the 

windshield nearest to the driver and 

outside of an airbag deployment zone, 

or in a five-inch square mounted to the 

center uppermost portion of the interior 

of the windshield.’’ UMA requested that 

FMCSA ensure regulations integrate 

with such State laws or address the 

preemptive intention of the final rule. 

FMCSA response: This final rule 

adopts the changes proposed in the 

NPRM. It is consistent with the 

following previously issued Agency 

actions permitting the placement of 

vehicle safety technology 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 (Apr. 6, 2021), 

Netradyne, Inc. 85 FR 82575 (Dec 18, 

2020), J.J. Keller & Associates, Inc. 85 FR 

75106 (Nov. 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), Navistar Inc. 84 FR 64952 (Nov. 

25, 2019), SmartDrive System, Inc. 84 

FR 15284 (Apr. 15, 2019), Daimler 

Trucks North America LLC 83 FR 4543 

(Jan. 31, 2018), and Hino Motors 

Manufacturing U.S.A. 82 FR 36182 

(Aug. 3, 2017). All of the temporary 

exemptions were granted for devices 

that meet the definition of vehicle safety 

technologies except for the GPS device 

identified in the Traditional Trucking 

Corp. exemption (83 FR 42552, Aug. 22, 

2018). The Agency also acknowledges 

that many devices such as ELDs may 

include GPS technology. Under the final 

rule, any device that incorporates GPS 

is included in the definition of vehicle 

safety technology. 

When issuing the previous 

exemptions, the Agency asked 

interested parties to provide FMCSA 

with any information demonstrating 

that motor carriers operating CMVs 

equipped with vehicle safety 

technologies are not achieving the 

requisite statutory level of safety. 

FMCSA has not received any 

information to that effect. 

As noted in the NPRM, the proposed 

amendment would not require the use 

of any devices or technologies but 

would simply permit their voluntary 

use when mounted in a location that 

maximizes their effectiveness without 

impairing operational safety. 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. 

Regarding OOIDA’s concern about 

speed management and AEB systems, 

FMCSA sees no reason to remove 

‘‘speed management systems’’ from the 

definition of vehicle safety technology. 

The definition has included ‘‘speed 

management systems’’ since it was 

originally added to 49 CFR 393.5 (81 FR 

65568, Sep. 23, 2016). In the absence of 

data to support OOIDA’s claims that 

these technologies are proven to 

increase the likelihood of crashes or 

need more research to determine their 

effect on vehicle safety, FMCSA sees no 

reason to revisit those technologies 

inclusion in the definition. As to AEB, 

FMCSA notes that section 393.5 

continues to include ‘‘forward collision 

warning or mitigation system’’ as one 

example of vehicle safety technology 

excepted from the windshield 

obstruction prohibition in section 

393.60(e). While AEB was included in 

the definition proposed in the petition 

for rulemaking, section 23010 of the 

Infrastructure Investment and Jobs Act 

(Pub. L. 117–56, Nov. 15, 2021) requires 

the National Highway Traffic Safety 

Administration (NHTSA) to complete a 

rulemaking on AEB and FMCSA to 

complete a companion rulemaking. AEB 

technology ultimately might or might 

not require placement within the swept 

area of the windshield wipers. Under 

the circumstances, the Agency has 

decided that it would be premature to 

address AEB in this final rule. 

Additionally, the NPRM did not 

propose, and this final rule does not 

require, installation of these 

technologies. 

States that accept Motor Carrier Safety 

Assistance Program (MCSAP) funds 

from FMCSA must adopt laws or 

regulations compatible with the rules in 

49 CFR parts 390–397 within 3 years of 

the effective date of a new rule (49 CFR 

350.335(a)(2)) or risk the loss of such 

funds. That MCSAP requirement would 

apply to States that have regulations on 

the location of safety technologies in 

CMV windshields inconsistent with this 

final rule. 

Question 2: Would the proposed 

position of allowable vehicle safety 

technologies (8.5 inches below the 

upper and 7 inches above the lower 

edge of the swept area of the 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Rules and Regulations 12599 

windshield) be sufficient for current and 

developing devices? 

Responses: Most commenters 

supported the dimensions proposed in 

the NPRM as sufficient for current and 

developing devices. Some commenters 

stated that existing technologies have 

been placed within the dimensions 

proposed in the NPRM, under previous 

exemptions, without obstructing the 

driver’s view or causing any adverse 

safety impacts. 

A few commenters stated that devices 

placed within the dimensions proposed 

in the NPRM could obstruct the driver’s 

view of pedestrians, cars, and buildings. 

Some argued that the NPRM fails to 

account for drivers of different heights 

and that taller drivers are more likely to 

have their view obstructed by safety 

devices in the proposed areas of the 

windshield. Fastfreight Express 

provided pictures showing how safety 

devices on the windshield obstructed 

the view of cars and buildings. 

ATA stated that devices on the 

windshield could require more or less 

physical space on the windshield in the 

future depending on how technologies 

develop, but that these changes should 

not be incompatible with the proposal. 

A few commenters stated that the 

proposed position of allowable vehicle 

safety technologies might not be 

sufficient for some vehicle types 

covered by the regulations, such as 

tractors with split windshields, refuse 

trucks, motorcoaches, over-the-roadbuses, and school buses. 

UMA questioned whether limiting the 

number of devices on the windshield is 

appropriate. 

FMCSA response: FMCSA has granted 

temporary exemptions that allow safety 

technologies to be placed 8.5 inches 

below the upper and 7 inches above the 

lower swept area of the windshield 

wipers, all without objection from 

commenters. FMCSA acknowledges the 

concerns expressed by several 

commenters that the sightlines of taller 

drivers could be obstructed by safety 

devices mounted high on the 

windshield. Drivers currently deal with 

a variety of visual obstructions from the 

seating position, including the cab’s A 

pillars on each side of the windshield, 

the sun visor (when pulled down), and 

the external mirrors (which may be 

larger than the minimum size required 

by NHTSA). All of these obstructions 

are legal, and drivers adapt by moving 

their upper body and head to obtain a 

clear sightline to their surroundings. 

FMCSA has received no information 

that these obstructions or the safety 

devices placed in the swept area of 

windshields under previously granted 

temporary exemptions have created 

visual obstructions that cannot be 

addressed by the driver’s routine 

movements of the head or upper body. 

Regarding the UMA comment on 

limiting the number of devices on the 

windshield, the Agency has not 

received information from previously 

granted temporary exemptions that a 

limitation on the number of devices is 

necessary and therefore declines to 

make that change in this final rule. 

VI. Changes From the NPRM 

The Agency is making one change to 

this final rule from the NPRM. The 

Agency removes ‘‘automatic emergency 

braking,’’ from the definition for vehicle 

safety technology. 

VII. Section-by-Section Analysis 

This section-by-section analysis 

describes the changes in numerical 

order. 

A. Section 393.5 Definitions 

The definition for vehicle safety 

technology is revised by adding more 

examples of vehicle safety technologies 

to those listed in the definition. 

B. Section 393.60 Glazing in Specified 

Openings 

This section is revised by replacing 

‘‘100 mm (4 inches)’’ with ‘‘216 mm (8.5 

inches)’’ in paragraph (e)(1)(ii)(A). 

Additionally, a new paragraph 

(e)(1)(ii)(C) is added to read ‘‘Outside 

the driver’s sight lines to the road and 

highway signs and signals.’’ 

VIII. Regulatory Analyses 

A. Executive Order (E.O.) 12866 

(Regulatory Planning and Review), E.O. 

13563 (Improving Regulation and 

Regulatory Review), and DOT 

Regulatory Policies and Procedures 

FMCSA has considered the impact of 

this notice of rulemaking under E.O. 

12866 (58 FR 51735, Oct. 4, 1993), 

Regulatory Planning and Review, E.O. 

13563 (76 FR 3821, Jan. 21, 2011), 

Improving Regulation and Regulatory 

Review, and DOT’s regulatory policies 

and procedures. The Office of 

Information and Regulatory Affairs 

(OIRA) determined that this rulemaking 

is not a significant regulatory action 

under section 3(f) of E.O. 12866, as 

supplemented by E.O. 13563, and does 

not require an assessment of potential 

costs and benefits under section 6(a)(3) 

of that Order. Accordingly, the Office of 

Management and Budget (OMB) has not 

reviewed it under that E.O. 

As stated previously under our 

discussion of public comments, we 

received 17 comments. Thirteen of these 

comments supported increasing the area 

within which certain vehicle safety 

technology devices may be mounted on 

the interior of the CMV windshields and 

the Agency proposal to add items to the 

definition of vehicle safety technology. 

There are two differences in this 

regulatory analysis from the regulatory 

analysis in the NPRM that have a 

quantified monetary impact. The NPRM 

used the most up-to-date wage data then 

available to estimate cost savings to (1) 

motor carrier companies that would 

have to file fewer periodic exemption 

requests, and (2) the Federal 

Government by reducing the volume of 

exemption requests to be reviewed and 

processed. More up-to-date wage data 

are now available and utilized for this 

final rule. Other than these two 

modifications, there are no substantive 

changes to the requirements and 

calculations originally proposed in the 

NPRM. 

Baseline for the Analysis 

The mounting of devices on the 

interior and within the swept area of the 

windshield is prohibited under 49 CFR 

393.60(e), unless they are vehicle safety 

technologies. FMCSA has authority 

under 49 U.S.C. 31315(b) to grant 

exemptions from certain parts of the 

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. FMCSA notes 

that the burden associated with 

preparing an exemption request is not 

included in a currently approved 

information collection request (ICR), 

and the Agency is pursuing completion 

of that ICR outside of this rulemaking. 

As originally enacted, 49 U.S.C. 

31315(b) allowed an exemption from a 

regulation (and a renewal) for no longer 

than 2 years from its approval date. 

Section 5206(a)(3) of the FAST Act 

amended section 31315(b) to allow an 

exemption to be granted for no longer 

than 5 years and to be renewed, upon 

request, for subsequent periods no 

longer than 5 years. 49 CFR 381.300(b). 

Section 393.60(e)(1)(i) of the FMCSRs 

prohibits the obstruction of the driver’s 

field of view by devices mounted on the 

interior 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 49 CFR 390.5, including ‘‘a fleetVerDate Sep<11>2014 17:01 Mar 04, 2022 Jkt 256001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\07MRR1.SGM 07MRR1

khammond on DSKJM1Z7X2PROD with RULES
12600 Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Rules and Regulations 

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) 

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. 

This final rule revises 49 CFR 393.60 

to expand the area where vehicle safety 

technologies (e.g., lane departure 

warning systems, forward collision 

warning or mitigation systems, active 

cruise control systems, and 

transponders) may be installed on the 

interior of windshields of CMVs. The 

final rule will generate cost savings for 

both industry and government and will 

achieve a level of safety equivalent to, 

or greater than, the level achieved by the 

current regulation. 

In table 1, we show a summary of the 

impacts of the final rule. As a result of 

the previously discussed changes 

between this regulatory analysis and the 

NPRM, the projected cost savings to 

industry and the Federal government 

have increased. The annualized and 10- 

year cost savings to industry, both 

discounted 7 percent, increased 

approximately 9 percent from the NPRM 

estimates of $568 and $3,992 to $621 

and $4,361, respectively. The 

annualized and 10-year cost savings to 

the Federal government, both 

discounted 7 percent, increased 

approximately 1 percent, from the 

NPRM estimates of $10,137 and $71,197 

to $10,282 and $72,214, respectively. As 

a result, the aggregated annual and 10- 

year cost savings for both the private 

sector and the Federal government, 

discounted at 7 percent, increased 

approximately 2 percent, from $10,705 

and $75,189 to $10,903 and $76,575, 

respectively. 

TABLE 1—SUMMARY OF THE IMPACTS OF THIS FINAL RULE

Category Summary 

Applicability ......................................................... Revisions to 49 CFR 393.60 to expand the area where vehicle safety technologies may be installed on the interior windshield of CMVs. 

Affected Population ............................................. Potentially, all CMVs, as defined in 49 CFR 390.5. 

Costs ................................................................... There will be no costs to industry or the Federal Government. 

Industry Costs Savings ($, 7 percent discount 

rate).

10-year: $4,361, Annualized: $621. 

Federal Government Cost Savings ($, 7 percent 

discount rate).

10-year: $72,214, Annualized: $10,282. 

Total Cost Savings ($, 7 percent discount rate) 10-year: $76,575, Annualized: $10,903. 

Benefits ............................................................... This final rule will provide a greater available area for the voluntary deployment of windshieldmounted safety technologies which have the potential to reduce fatalities, injuries, and property damages while maintaining a level of safety equivalent to, or greater than, the level 

achieved by the current regulation. 

Cost, Cost Savings, and Benefits 

This final rule makes two changes to 

the Parts and Accessories Necessary for 

Safe Operation regulations in 49 CFR 

part 393, subpart A and subpart D. 

Under the existing § 393.5 Definitions, 

vehicle safety technology includes 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. Under the final rule, 

this definition will also include braking 

warning systems, braking assist systems, 

driver camera systems, attention assist 

warning, GPS, and traffic sign 

recognition. Vehicle safety technology 

includes systems and devices that 

contain cameras, lidar, radar, sensors, 

and/or video. 

As a result, vehicle safety 

technologies will expand to cover new 

devices and systems and better 

accommodate the advanced driver 

assistance technologies. The change will 

have no cost. Benefits will accrue 

through improved safety performance of 

CMVs via prevention or reduction of 

fatalities, injuries, and property damage. 

For example, lane departure warning 

systems are anticipated to prevent 

accidents involving striking a car in an 

adjoining lane, which could either 

involve ‘‘sideswiping’’ a vehicle 

traveling in the same direction or hitting 

a vehicle traveling in the opposite 

direction. Section 393.60(e)(1)(ii) notes 

that the prohibition on obstructions to 

the driver’s field of view in paragraph 

(e)(1)(i) does not apply to vehicle safety 

technologies, as defined in § 393.5, that 

are mounted on the interior of a 

windshield. The change to 

§ 393.60(e)(1)(ii) expands the area 

available for mounting vehicle safety 

technologies on the interior of a 

windshield. Devices with vehicle safety 

technologies may be mounted: 

• Not more than 216 mm (8.5 inches) 

below the upper edge of the area swept 

by the windshield wipers; 

• 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. 

The change will have no cost, but will 

result in an annualized cost savings 

from reduced application and 

exemption processing. The cost savings 

will be $10,903 at both 3 percent and 7 

percent discount rates. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Rules and Regulations 12601 

1https://www.bls.gov/oes/current/naics4_

551100.htm#11-0000 (last accessed Sept. 1, 2021). 2We calculate the load factor for wages by 

dividing total compensation by wages and salaries. 

For this analysis, we used BLS’ ECEC/Management, 

professional, and related occupations. Using 

December 2020 data, we divided the total 

compensation amount of $61.72 by the wage and 

salary amount of $42.95 to get the load factor of 

1.44 ($61.72 divided by $42.95). This data is found 

in table 9 of the ECEC Historical Listing. Available 

at https://www.bls.gov/web/ecec/ececqrtn.pdf 

(accessed Sept. 2, 2021) 

3https://www.opm.gov/policy-data-oversight/payleave/salaries-wages/salary-tables/pdf/2019/ 

DCB.pdf. 

4https://www.opm.gov/policy-data-oversight/payleave/salaries-wages/salary-tables/pdf/2020/ 

DCB.pdf. 

5https://www.govinfo.gov/content/pkg/BUDGET2022-OBJCLASS/pdf/BUDGET-2022-OBJCLASS.pdf. 

6Loaded Hourly wage × Number of Hours × 

Average number of exemptions ($94.74 × 2 × 3). 

7 (Total Cost Savings in this table may not equal 

the sum total of yearly cost savings due to rounding 

in underlying calculations). 

8The Agency is assuming that an Associate 

Administrator at the Senior Executive Service level 

is equivalent to a GS–15 grade for the purpose of 

this analysis. 

Wage Rates 

For this analysis, we calculated 

private sector wages using 2020 wage 

data from the U.S. Bureau of Labor 

Statistics (BLS) Occupational 

Employment Statistics for the 

Management of Companies and 

Enterprises (North American Industry 

Classification System 551100). We used 

a median hourly wage for Standard 

Occupational Classification Code 11– 

2021—Marketing Managers, which is 

$71.87.1

We added a load factor to the industry 

wages for Marketing Managers using 

December 2020 wage and total 

compensation data from the BLS 

Employer Costs for Employee 

Compensation (ECEC) survey, which 

accounts for employee benefits. This 

load factor represents the total benefits 

as a percentage of total salary.2 We 

multiplied the median hourly wage by 

the load factor to get the full loaded 

wage of $103.49. 

We utilized Federal Government 

employee wage rates based on the Office 

of Personnel Management (OPM) 2020 

General Schedule (GS) pay for the DCMD-VA-WV-PA locality for a GS–15 

grade.3 Using OPM data, we generated 

an hourly wage for a GS–15 Step 1 grade 

as $68.38.4

OMB publishes an object class 

analysis of the budget of the U.S. 

Government.5 The object class shows 

that, in 2020, DOT spent $6,602 million 

in full-time permanent employee 

compensation and $2,590 million in 

civilian employee benefits. Based on 

this, FMCSA estimated a fringe benefit 

rate of 39.23 percent (2,590/6,602) for 

FMCSA personnel or $26.82 ($68.38 × 

39.23 percent). The fully loaded hourly 

wage for a GS–15 Step 1 is $95.20 

($68.38 + $26.82). 

Costs 

Motor carriers, industry technological 

manufacturers, and drivers will not 

incur any new costs associated with this 

final rule. Adopting and using 

windshield-mounted technologies is 

purely optional. Those who install and 

use windshield-mounted technologies 

will experience no added burdens or 

costs as a result of this rule. 

In CMVs, drivers sit in an elevated 

position that greatly improves the 

forward visual field. When FMCSA 

previously granted exemptions, it found 

that doing so would likely achieve a 

level of safety equivalent to, or greater 

than, the level of safety achieved 

without the exemption. As described in 

the NPRM, since issuing the first 

temporary exemption from 

§ 393.60(e)(1) in 2009, FMCSA is 

unaware of any crashes that have been 

attributed to the location of such 

devices. 

The expanded location is expected to 

keep pace with technological advances 

and further aid in meeting the statutory 

requirements of the FAST Act. The 

expanded area is outside the driver’s 

line of sight to the road, highway signs, 

and signals. 

Cost Savings 

We anticipate that this final rule will 

generate cost savings to (1) motor carrier 

companies that file fewer exemption 

requests, and (2) the Federal 

government by reducing the volume of 

exemption requests to be reviewed and 

processed. 

Several manufacturers of windshieldmounted technologies have requested 

exemptions from FMCSA. We estimate 

that completing each exemption request 

takes about 2 hours of company time. 

FMCSA, on average, receives three 

exemption applications that are 

impacted by this rule per year. Table 2 

provides the 10-year time horizon cost 

savings stream based on the yearly 

undiscounted $621 (rounded to the 

nearest whole dollar) cost savings to 

industry.6

TABLE 2—TOTAL AND ANNUALIZED COST SAVINGS TO INDUSTRY 7

Year 

Total 

undiscounted 

costs savings 

Total discounted 

7 Percent 3 Percent 

2022 .......................................................................................................................................................................... $621 $580 $603 

2023 .......................................................................................................................................................................... 621 542 585 

2024 .......................................................................................................................................................................... 621 507 568 

2025 .......................................................................................................................................................................... 621 474 552 

2026 .......................................................................................................................................................................... 621 443 536 

2027 .......................................................................................................................................................................... 621 414 520 

2028 .......................................................................................................................................................................... 621 387 505 

2029 .......................................................................................................................................................................... 621 361 490 

2030 .......................................................................................................................................................................... 621 338 476 

2031 .......................................................................................................................................................................... 621 316 462 

Total ................................................................................................................................................................... 6,210 4,361 5,297 

Annualized ................................................................................................................................................................. ............................ 621 621 

Federal government employees who 

possess the technical knowledge 

required to review windshield 

exemption applications are senior 

engineers and attorneys at the GS–15 

grade. A final approval letter for an 

exemption is granted by the Associate 

Administrator at the Senior Executive 

Service level.8 We estimate the total 

time from initial exemption receipt to 

final approval to be 12 non-consecutive 

hours. Table 3 provides the 10-year time 

horizon cost savings stream based on 

the yearly undiscounted $10,282 


khammond on DSKJM1Z7X2PROD with RULES
12602 Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Rules and Regulations 

9Loaded Hourly Wage × Number of Hours × 

Average number of exemptions × Personnel ($95.20 

× 12 × 3 × 3). 

10 (Total Cost Savings in this table may not equal 

the sum total of yearly cost savings due to rounding 

in underlying calculations). 

11 (Total Cost Savings in this table may not equal 

the sum total of yearly cost savings due to rounding 

in underlying calculations). 12https://rosap.ntl.bts.gov/view/dot/4. 13https://rosap.ntl.bts.gov/view/dot/10. 

(rounded to the nearest whole dollar) 

cost savings to the Federal government.9

TABLE 3—TOTAL AND ANNUALIZED COST SAVINGS TO THE FEDERAL GOVERNMENT 10

Year 

Total 

undiscounted 

costs savings 

Total discounted 

7 Percent 3 Percent 

2022 ......................................................................................................................................... $10,282 $9,609 $9,982 

2023 ......................................................................................................................................... 10,282 8,980 9,691 

2024 ......................................................................................................................................... 10,282 8,393 9,409 

2025 ......................................................................................................................................... 10,282 7,844 9,135 

2026 ......................................................................................................................................... 10,282 7,331 8,869 

2027 ......................................................................................................................................... 10,282 6,851 8,611 

2028 ......................................................................................................................................... 10,282 6,403 8,360 

2029 ......................................................................................................................................... 10,282 5,984 8,116 

2030 ......................................................................................................................................... 10,282 5,593 7,880 

2031 ......................................................................................................................................... 10,282 5,227 7,651 

Total .................................................................................................................................. 102,817 72,214 87,705 

Annualized ............................................................................................................................... ............................ 10,282 10,282 

Table 4 provides the total 10-year 

time horizon cost savings stream based 

on the yearly undiscounted cost savings 

of $10,903 (rounded to the nearest 

whole dollar) for both industry and the 

Federal government. 

TABLE 4—TOTAL COST SAVINGS FOR INDUSTRY AND THE FEDERAL GOVERNMENT 11

Year 

Total 

undiscounted 

costs savings 

Total discounted 

7 Percent 3 Percent 

2022 ......................................................................................................................................... $10,903 $10,189 $10,585 

2023 ......................................................................................................................................... 10,903 9,523 10,277 

2024 ......................................................................................................................................... 10,903 8,900 9,977 

2025 ......................................................................................................................................... 10,903 8,318 9,687 

2026 ......................................................................................................................................... 10,903 7,773 9,405 

2027 ......................................................................................................................................... 10,903 7,265 9,131 

2028 ......................................................................................................................................... 10,903 6,790 8,865 

2029 ......................................................................................................................................... 10,903 6,345 8,607 

2030 ......................................................................................................................................... 10,903 5,930 8,356 

2031 ......................................................................................................................................... 10,903 5,542 8,113 

Total .................................................................................................................................. 109,026 76,575 93,001 

Annualized ............................................................................................................................... ............................ 10,903 10,903 

Benefits 

The Agency was unable to identify 

literature that quantified the benefits of 

increasing the allowable windshield 

area for the mounting of vehicle safety 

technologies. In the absence of such 

analyses, the Agency did not quantify 

benefits associated with the final rule, 

though it believes that the rule has the 

potential to improve the safety of CMV 

operations.12 13 The Agency also finds 

that CMVs outfitted with vehicle safety 

technologies under current exemptions 

do not present an increased safety risk 

compared to other CMVs. 

Discussion of Alternatives 

When preparing this final rule, 

FMCSA considered two alternatives. In 

this section, we examine how the cost 

of the proposal would change with each 

alternative. 

Alternative 1 

No Action. 

Applying a ‘‘no action’’ alternative, 

FMCSA would accept the status quo 

and not change the current exemption 

approval requirements. This alternative 

currently limits the windshield area in 

which new safety technologies can be 

mounted to not more than 100 mm (4 

inches) below the upper edge of the area 

swept by the windshield wipers or not 

more than 175 mm (7 inches) above the 

lower edge of the area swept by the 

windshield wipers. This alternative 

does not favor innovation and 

technological growth, nor does it reduce 

the overall burden to industry of 

applying for, and to the Federal 

Government of reviewing, exemptions. 

This alternative would maintain the 

approximately $10,903 (annualized, 7 

percent discount rate) in annual costs 

associated with the overall exemption 

request and approval process. 

Alternative 2 

Preferred Alternative—Revise 49 CFR 

393.60 to expand the windshield area 

where vehicle safety technologies could 

be installed on CMVs and revise 49 CFR 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Rules and Regulations 12603 

14A ‘‘major rule’’ means any rule that OMB finds 

has resulted in or is likely to result in (a) an annual 

effect on the economy of $100 million or more; a 

major increase in costs or prices for consumers, 

individual industries, Federal agencies, State 

agencies, local government agencies, or geographic 

regions; or significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the ability of United 

States-based enterprises to compete with foreignbased enterprises in domestic and export markets 

(5 U.S.C. 804(2)). 

15Public Law 104–121, 110 Stat. 857, (Mar. 29, 

1996). 

16Public Law 104–121, 110 Stat. 857, (Mar. 29, 

1996). 

17Public Law 108–447, 118 Stat. 2809, 3268, note 

following 5 U.S.C. 552a (Dec. 4, 2014). 

393.5 to broaden the definition of 

vehicle safety technology. 

Applying this preferred alternative, 

FMCSA would increase the allowable 

windshield area for installation of 

vehicle safety technologies. This would 

lead to an estimated $10,705 in annual 

cost savings without any estimated cost 

increase or reduction in benefits, as this 

analysis shows. 

B. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801–808), OIRA 

designated this rule as not a ‘‘major 

rule,’’ as defined by 5 U.S.C. 804(2).14

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.), as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996,15 requires Federal 

agencies to consider the effects of the 

regulatory action on small business and 

other small entities and to minimize any 

significant economic impact. The term 

‘‘small entities’’ comprises small 

businesses and not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000 (5 U.S.C. 

601(6)). Accordingly, DOT policy 

requires an analysis of the impact of all 

regulations on small entities, and 

mandates that agencies strive to lessen 

any adverse effects on these businesses. 

The Agency expects that this final 

rule will not have a significant 

economic impact on small entities. The 

final rule will result in cost savings to 

industry and the Federal government. 

FMCSA expects the average costs to 

manufacturers of windshield-mounted 

equipment associated with avoiding the 

need for exemption applications will be 

reduced by $621 per year (annualized, 

7 percent discount rate). We calculate 

that 100 percent of small equipment 

manufacturers impacted by this final 

rule will have a cost savings less than 

1 percent of their annual revenue. No 

small governmental jurisdictions will be 

impacted by this final rule. 

Consequently, I certify that the final 

action will not have a significant 

economic impact on a substantial 

number of small entities. If you think 

that your business, organization, or 

governmental jurisdiction qualifies as a 

small entity and that this final rule 

would have a significant economic 

impact on it, please submit a comment 

to the docket at the address listed in the 

ADDRESSES section of this preamble. In 

your comment, explain why you think 

it qualifies and how and to what degree 

this final rule would economically affect 

it. 

D. Assistance for Small Entities 

In accordance with section 213(a) of 

the Small Business Regulatory 

Enforcement Fairness Act of 1996,16

FMCSA wants to assist small entities in 

understanding this final rule so they can 

better evaluate its effects on themselves 

and participate in the rulemaking 

initiative. If the final rule will affect 

your small business, organization, or 

governmental jurisdiction and you have 

questions concerning its provisions or 

options for compliance, please consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce or otherwise determine 

compliance with Federal regulations to 

the Small Business Administration’s 

Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of FMCSA, call 1–888–REG– 

FAIR (1–888–734–3247). DOT has a 

policy regarding the rights of small 

entities to regulatory enforcement 

fairness and an explicit policy against 

retaliation for exercising these rights. 

E. Unfunded Mandates Reform Act of 

1995 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. 

The Act addresses actions that may 

result in the expenditure by a State, 

local, or Tribal government, in the 

aggregate, or by the private sector of 

$170 million (which is the value 

equivalent of $100 million in 1995, 

adjusted for inflation to 2020 levels) or 

more in any 1 year. Because this final 

rule will not result in such an 

expenditure, a written statement is not 

required. However, FMCSA does 

discuss the costs and benefits of this 

final rule in the preamble. 

F. Paperwork Reduction Act 

This final rule contains no new 

information collection requirements 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3520). FMCSA 

notes that the burden associated with 

preparing an exemption request is not 

included in a currently approved 

information collection request (ICR), 

and the Agency is pursuing completion 

of that ICR outside of this rulemaking. 

G. E.O. 13132 (Federalism) 

A rule has implications for federalism 

under section 1(a) of E.O. 13132 if it has 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ FMCSA has 

determined that this rule would not 

have substantial direct costs on or for 

States, nor would it limit the 

policymaking discretion of States. 

Nothing in this document preempts any 

State law or regulation. Therefore, this 

rule does not have sufficient federalism 

implications to warrant the preparation 

of a Federalism Impact Statement. 

H. Privacy 

The Consolidated Appropriations Act, 

2005,17 requires the Agency to assess 

the privacy impact of a regulation that 

will affect the privacy of individuals. 

This final rule does not require the 

collection of personally identifiable 

information (PII). Because this final rule 

does not require the collection of PII, 

the Agency is not required to conduct a 

privacy impact assessment (PIA). 

Section 208 of the E-Government Act of 

2002 (44 U.S.C. 3501 note) requires 

Federal agencies to conduct a PIA for 

new or substantially changed 

technology that collects, maintains, or 

disseminates information in an 

identifiable form. No new or 

substantially changed technology will 

collect, maintain, or disseminate such 

information as a result of this rule. 

Accordingly, FMCSA has not conducted 

a PIA. 

In addition, the Agency submitted a 

Privacy Threshold Assessment to 

evaluate the risks and effects the 

rulemaking might have on collecting, 

storing, and sharing personally 

identifiable information. The DOT 

Privacy Office has determined that this 

rulemaking does not create privacy risk. 


khammond on DSKJM1Z7X2PROD with RULES
12604 Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Rules and Regulations 

I. E.O. 13175 (Indian Tribal 

Governments) 

This rule does not have Tribal 

implications under E.O. 13175, 

Consultation and Coordination with 

Indian Tribal Governments, because it 

does not have a substantial direct effect 

on one or more Indian Tribes, on the 

relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. 

J. National Environmental Policy Act of 

1969 

FMCSA analyzed this rule pursuant to 

the National Environmental Policy Act 

of 1969 (42 U.S.C. 4321 et seq.) and 

determined this action is categorically 

excluded from further analysis and 

documentation in an environmental 

assessment or environmental impact 

statement under FMCSA Order 5610.1 

(69 FR 9680), Appendix 2, paragraph 

6.bb. The Categorical Exclusion (CE) in 

paragraph 6.bb. addresses regulations 

concerning vehicle operation safety 

standards (e.g., regulations requiring: 

Certain motor carriers to use approved 

equipment which is required to be 

installed such as an ignition cut-off 

switch, or carried onboard, such as a fire 

extinguisher, and/or stricter blood 

alcohol concentration standards for 

drivers, etc.), equipment approval, and/ 

or equipment carriage requirements 

(e.g., fire extinguishers and flares). The 

requirements in this rule are covered by 

this CE and the final action does not 

have any effect on the quality of the 

environment. 

List of Subjects in 49 CFR Part 393 

Highway safety, Motor carriers, Motor 

vehicle safety. 

Accordingly, FMCSA amends 49 CFR 

chapter III, part 393 as follows: 

PART 393—PARTS AND 

ACCESSORIES NECESSARY FOR 

SAFE OPERATION 

■ 1. The authority citation for part 393 

continues to read as follows: 

Authority: 49 U.S.C. 31136, 31151, and 

31502; sec. 1041(b) of Pub. L. 102–240, 105 

Stat. 1914, 1993 (1991); sec. 5301 and 5524 

of Pub. L. 114–94, 129 Stat. 1312, 1543, 1560; 

and 49 CFR 1.87. 

■ 2. Amend § 393.5 by revising the 

definition of ‘‘Vehicle safety 

technology’’ to read as follows: 

§ 393.5 Definitions. 

* * * * * 

Vehicle safety technology. Vehicle 

safety technology includes systems and 

items of equipment to promote driver, 

occupant, and roadway safety. Examples 

of vehicle safety technology systems and 

devices include 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, transponder, 

braking warning system, braking assist 

system, driver camera system, attention 

assist warning, Global Positioning 

Systems, and traffic sign recognition. 

Vehicle safety technology includes 

systems and devices that contain 

cameras, lidar, radar, sensors, and/or 

video. 

* * * * * 

■ 3. Amend § 393.60 by revising 

paragraph (e)(1)(ii) to read as follows: 

§ 393.60 Glazing in specified openings. 

* * * * * 

(e) * * * 

(1) * * * 

(ii) Paragraph (e)(1)(i) of this section 

does not apply to vehicle safety 

technologies, as defined in § 393.5, that 

are mounted on the interior of a 

windshield. Devices with vehicle safety 

technologies must be mounted: 

(A) Not more than 216 mm (8.5 

inches) below the upper edge of the area 

swept by the windshield wipers; 

(B) Not more than 175 mm (7 inches) 

above the lower edge of the area swept 

by the windshield wipers; and 

(C) Outside the driver’s sight lines to 

the road and highway signs and signals. 

* * * * * 

Issued under the authority of 

delegation in 49 CFR 1.87. 

Robin Hutcheson, 

Acting Administrator. 

[FR Doc. 2022–03996 Filed 3–4–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 220225–0061] 

RIN 0648–BL18 

Pacific Halibut Fisheries; Catch 

Sharing Plan; 2022 Annual 

Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: The Assistant Administrator 

for Fisheries, National Oceanic and 

Atmospheric Administration, on behalf 

of the International Pacific Halibut 

Commission (IPHC), publishes as 

regulations the 2022 annual 

management measures governing the 

Pacific halibut fishery that have been 

recommended by the IPHC and accepted 

by the Secretary of State. These 

measures are intended to enhance the 

conservation of Pacific halibut and 

further the goals and objectives of the 

Pacific Fishery Management Council 

and the North Pacific Fishery 

Management Council. 

DATES: The IPHC’s 2022 annual 

management measures are effective 

February 18, 2022. The 2022 

management measures are effective 

until superseded. 

ADDRESSES: Additional requests for 

information regarding this action may 

be obtained by contacting the 

International Pacific Halibut 

Commission, 2320 W Commodore Way, 

Suite 300, Seattle, WA 98199–1287; or 

Sustainable Fisheries Division, NMFS 

Alaska Region, P.O. Box 21668, Juneau, 

AK 99802; or Sustainable Fisheries 

Division, NMFS West Coast Region, 

1201 NE Lloyd Blvd., Suite 1100, 

Portland, OR 97232. This final rule also 

is accessible via the internet at the 

Federal eRulemaking Portal at http://

www.regulations.gov, identified by 

docket number NOAA–NMFS–2022– 

0020. 

FOR FURTHER INFORMATION CONTACT: For 

waters off Alaska, Doug Duncan, 907– 

586–7425; or, for waters off the U.S. 

West Coast, Kathryn Blair, 503–231– 

6858. 

SUPPLEMENTARY INFORMATION: 

Background 

The IPHC has recommended 

regulations that would govern the 

Pacific halibut fishery in 2022, pursuant 

to the Convention between Canada and 

the United States for the Preservation of 

the Halibut Fishery of the North Pacific 

Ocean and Bering Sea (Convention), 

signed at Ottawa, Ontario, on March 2, 

1953, as amended by a Protocol 

Amending the Convention (signed at 

Washington, DC, on March 29, 1979). 

As provided by the Northern Pacific 

Halibut Act of 1982 (Halibut Act), the 

Secretary of State, with the concurrence 

of the Secretary of Commerce, may 

accept or reject, on behalf of the United 

States, regulations recommended by the 

IPHC in accordance with the 

Convention. 16 U.S.C. 773b. The 

Secretary of State, with the concurrence 

of the Secretary of Commerce, accepted 


khammond on DSKJM1Z7X2PROD with RULES