Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Proposed Rules 35449 

5Public Law 108–447, 118 Stat. 2809, 3268, 5 

U.S.C. 552a note (Dec. 8, 2004). 

responsibilities among the various 

levels of government.’’ 

FMCSA has determined that this 

rulemaking 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 rulemaking does not 

have sufficient federalism implications 

to warrant the preparation of a 

Federalism Impact Statement. 

H. Privacy 

The Consolidated Appropriations Act, 

2005,5 requires the Agency to conduct a 

privacy impact assessment of a 

regulation that will affect the privacy of 

individuals. This rulemaking would not 

require the collection of personally 

identifiable information. 

I. E.O. 13175 (Indian Tribal 

Governments) 

This rulemaking 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 rulemaking for 

the purpose of 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, 

March 1, 2004), Appendix 2, paragraph 

6(b). This Categorical Exclusion (CE) 

covers minor revisions to regulations. 

The proposed requirements in this 

rulemaking are covered by this CE and 

the rulemaking does not have any effect 

on the quality of the environment. 

List of Subjects in 49 CFR 385 

Administrative practice and 

procedure, Highway safety, 

Incorporation by reference, Mexico, 

Motor carriers, Motor vehicle safety, 

Reporting and recordkeeping 

requirements. 

In consideration of the foregoing, 

FMCSA proposes to amend 49 CFR 

chapter III, part 385, as set forth below: 

PART 385—SAFETY FITNESS 

PROCEDURES 

■ 1. The authority citation for part 385 

continues to read as follows: 

Authority: 49 U.S.C. 113, 504, 521(b), 

5105(d), 5109, 5113, 13901–13905, 13908, 

31135, 31136, 31144, 31148, and 31502; Sec. 

113(a), Pub. L. 103–311; Sec. 408, Pub. L. 

104–88, 109 Stat. 803, 958; Sec. 350 of Pub. 

L. 107–87, 115 Stat. 833, 864; and 49 CFR 

1.87. 

■ 2. Revise § 385.4(b)(1) to read as 

follows: 

§ 385.4 Matter incorporated by reference. 

* * * * * 

(b) * * * 

(1) ‘‘North American Standard Out-ofService Criteria and Level VI Inspection 

Procedures and Out-of-Service Criteria 

for Commercial Highway Vehicles 

Transporting Transuranics and Highway 

Route Controlled Quantities of 

Radioactive Materials as defined in 49 

CFR part 173.403,’’ April 1, 2021, 

incorporation by reference approved for 

§ 385.415(b). 

* * * * * 

Issued under authority delegated in 49 CFR 

1.87. 

Meera Joshi, 

Deputy Administrator. 

[FR Doc. 2021–14039 Filed 7–2–21; 8:45 am] 

BILLING CODE 4910–EX–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: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: FMCSA proposes to amend 

the Federal Motor Carrier Safety 

Regulations (FMCSRs) to increase the 

area within which certain vehicle safety 

technology devices may be mounted on 

the interior of the commercial motor 

vehicle (CMV) windshields. In addition, 

FMCSA proposes to add items to the 

definition of vehicle safety technology. 

This NPRM responds to a rulemaking 

petition from Daimler Trucks North 

America (DTNA). 

DATES: Comments must be received on 

or before August 5, 2021. 

ADDRESSES: You may submit comments 

identified by Docket Number FMCSA2021–0037 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

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

FMCSA-2021-0037/document. Follow 

the online instructions for submitting 

comments. 

• Mail: Dockets Operations, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: Dockets 

Operations, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, West Building, Ground 

Floor, Room W12–140, 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. 

• Fax: (202) 493–2251. 

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 NPRM as 

follows: 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

B. Viewing Comments and Documents 

C. Privacy Act 

II. Executive Summary 

A. Purpose and Summary of the Regulatory 

Action 

B. Costs and Benefits 

III. Abbreviations 

IV. Legal Basis 

V. Background 

A. Temporary Exemptions 

B. Petition To Initiate Rulemaking 

VI. Discussion of Proposed Rulemaking 

VII. Section-By-Section Analysis 

VIII. 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. Waiver of Advance Notice of Proposed 

Rulemaking 

D. Regulatory Flexibility Act (Small 

Entities) 

E. Assistance for Small Entities 

F. Unfunded Mandates Reform Act of 1995 


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G. Paperwork Reduction Act (Collection of 

Information) 

H. E.O. 13132 (Federalism) 

I. Privacy 

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

K. National Environmental Policy Act of 

1969 

I. Public Participation and Request For 

Comments 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

NPRM (FMCSA–2021–0037), indicate 

the specific section of this document to 

which your comment applies, and 

provide a reason for each suggestion or 

recommendation. You may submit your 

comments and material online or by fax, 

mail, or hand delivery, but please use 

only one of these means. FMCSA 

recommends that you include your 

name and a mailing address, an email 

address, or a phone number in the body 

of your document so FMCSA can 

contact you if there are questions 

regarding your submission. 

To submit your comment online, go to 

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

FMCSA-2021-0037/document, click on 

this NPRM, click ‘‘Comment,’’ and type 

your comment into the text box on the 

following screen. 

If you submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the facility, 

please enclose a stamped, self-addressed 

postcard or envelope. 

FMCSA will consider all comments 

and material received during the 

comment period. 

Confidential Business Information (CBI) 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(5 U.S.C. 552), CBI is exempt from 

public disclosure. If your comments 

responsive to the NPRM contain 

commercial or financial information 

that is customarily treated as private, 

that you actually treat as private, and 

that is relevant or responsive to the 

NPRM, it is important that you clearly 

designate the submitted comments as 

CBI. Please mark each page of your 

submission that constitutes CBI as 

‘‘PROPIN’’ to indicate it contains 

proprietary information. FMCSA will 

treat such marked submissions as 

confidential under the Freedom of 

Information Act, and they will not be 

placed in the public docket of the 

NPRM. Submissions containing CBI 

should be sent to Mr. Brian Dahlin, 

Chief, Regulatory Analysis Division, 

Office of Policy, Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001. Any comments FMCSA receives 

not specifically designated as CBI will 

be placed in the public docket for this 

rulemaking. 

B. Viewing Comments and Documents 

To view 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 NPRM, and click 

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

access to the internet, you may view the 

docket online by visiting Dockets 

Operations in Room W12–140 on the 

ground floor of the DOT West Building, 

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. 

C. Privacy Act 

DOT solicits comments from the 

public to better inform its rulemaking 

process, in accordance with 5 U.S.C. 

553(c). 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—Federal Docket Management 

System (FDMS)), which can be reviewed 

at www.transportation.gov/privacy. 

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. 

Specifically, the Agency proposes to 

modify § 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 other parameters would 

remain unchanged. The Agency believes 

the potential economic impact of these 

changes is negligible. The proposed 

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 if a final rule 

is adopted consistent with this NPRM, 

it would 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 and the implementing 

regulations under 49 CFR part 381. The 

Agency estimates this NPRM would 

result in total annualized cost savings of 

$12,184 and $10,705 at 3 percent and 7 

percent discount rates, respectively. 

III. Abbreviations 

ADAS Advanced Driver Assistance System 

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 

FASTAct Fixing America’s Surface 

Transportation Act 

FMCSA Federal Motor Carrier Safety 

Administration 

FMCSRs Federal Motor Carrier Safety 

Regulations 

FR Federal Register 

GS General Schedule 

GPS Global Positioning System 


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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 NPRM 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 NPRM 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 

proposes to amend 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 

NPRM does not involve the physical 

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

This NPRM 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. Background 

The fundamental purpose of 49 CFR 

part 393, ‘‘Parts and Accessories 

Necessary for Safe Operation,’’ is to 

ensure that no employer shall operate a 

CMV, or cause or permit it to be 

operated, unless it is equipped in 

accordance with the requirements and 

specifications of this part. However, 

nothing contained in part 393 shall be 

construed to prohibit the use of 

additional equipment and accessories, 

not inconsistent with or prohibited by 

part 393, provided such equipment and 

accessories do not decrease the safety of 

operation of the CMVs on which they 

are used (§ 393.3). 

Section 5301 of the FAST Act 

directed the Agency to amend the 

FMCSRs to allow devices to be mounted 

on the windshield that utilize ‘‘vehicle 

safety technology,’’ as defined in the 

Act. In addition, section 5301 stated that 

all windshield-mounted devices/ 

technologies with a limited 2-year 

exemption in effect on the date of 

enactment were considered to meet the 

safety standard required for the initial 

exemption, i.e., achieving a level of 

safety equivalent to, or greater than, the 

level that would be achieved absent the 

exemption. On September 23, 2016, 

FMCSA published a final rule titled 

‘‘Parts and Accessories Necessary for 

Safe Operation; Windshield-Mounted 

Technologies,’’ (81 FR 65568), which 

amended the FMCSRs to allow the 

voluntary mounting of certain devices 

on the interior of the windshields of 

CMVs, including placement within the 

area that is swept by the windshield 

wipers (49 CFR 393.60(e)(1)). 

A. Temporary Exemptions 

Since the Agency amended § 393.60 

in 2016, FMCSA has granted a number 

of temporary exemptions for the 

placement of safety technologies and 

devices that require a clear forwardfacing visual field for proper operation. 

These devices either need to be 

mounted within the swept area of the 

windshield, or should be mounted on 

the windshield so that the driver does 

not have to take his/her eyes off the road 

to look at the device, such as Global 

Positioning System (GPS) displays. 

On August 3, 2017 (82 FR 36182), 

FMCSA granted Hino Motors a 5-year 

exemption from 49 CFR 393.60(e)(1) on 

behalf of motor carriers to operate CMVs 

manufactured by Hino equipped with 

Automated Emergency Braking/Lane 

Departure Warning system cameras 

mounted in the approximate center of 

the windshield such that the bottom 

edge of the camera is not more than 7 

inches below the upper edge of the 

windshield and outside the driver’s 

sight lines to all mirrors, highway signs, 

signals, and view of the road ahead. 

On January 31, 2018 (83 FR 4543), 

FMCSA granted DTNA a 5-year 

exemption from 49 CFR 393.60(e)(1) on 

behalf of CMVs manufactured by DTNA 

equipped with the Attention Assist and 

Lane Departure Warning system camera 

mounted in the approximate center of 

the windshield such that the bottom 

edge of the camera is not more than 8.5 

inches below the top of the area swept 

by the windshield wipers and outside 

the driver’s sight lines to all mirrors, 

highway signs, signals, and view of the 

road ahead. 

On August 22, 2018 (83 FR 42552), 

FMCSA granted Traditional Trucking 

Corporation a 5-year exemption from 49 

CFR 393.60(e)(1) on behalf of motor 

carriers to operate CMVs equipped with 

GPS devices 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. 


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1The petition is available at https://

www.fmcsa.dot.gov/regulations/petitions-0. 

On April 15, 2019 (84 FR 15284), 

FMCSA granted SmartDrive a 5-year 

exemption from 49 CFR 393.60(e)(1) on 

behalf of motor carriers to operate CMVs 

equipped with the SmartDrive’s 

Advanced Driver Assistance System 

(ADAS) camera system mounted in the 

approximate center of the windshield 

such that the bottom edge of the camera 

is not more than 8 inches below the 

upper edge of the swept area of the 

windshield wiper and outside the 

driver’s sight lines to all mirrors, 

highway signs, signals, and view of the 

road ahead. 

On November 25, 2019 (84 FR 64952), 

FMCSA granted Navistar a 5-year 

exemption from 49 CFR 393.60(e)(1) on 

behalf of motor carriers to operate CMVs 

equipped with Navistar’s ADAS 

mounted in approximately the top 

center of the windshield and such that 

the bottom edge of the camera housing 

is approximately 8 inches below the 

upper edge of the windshield, outside of 

the driver’s normal sight lines to the 

road ahead, highway signs and signals, 

and all mirrors. 

On May 21, 2020 (85 FR 31021), 

FMCSA granted Lytx, Inc. a 5-year 

exemption from 49 CFR 393.60(e)(1) on 

behalf of motor carriers to operate CMVs 

equipped with Lytx’s ADAS mounted in 

approximately the top center of the 

windshield and such that the bottom 

edge of the camera housing is 

approximately 8 inches below the upper 

edge of the area swept by the 

windshield wipers, outside of the 

driver’s normal sight lines to the road 

ahead, highway signs and signals, and 

all mirrors. 

On October 9, 2020 (85 FR 64220), 

FMCSA granted Nauto, Inc. a 5-year 

exemption from 49 CFR 393.60(e)(1) on 

behalf of motor carriers to operate CMVs 

equipped with Nauto’s multi-sensor 

device mounted in approximately the 

top center of the windshield and such 

that the bottom edge of the multi-sensor 

device housing is approximately 8 

inches below the upper edge of the area 

swept by the windshield wipers, outside 

of the driver’s normal sight lines to the 

road ahead, highway signs and signals, 

and all mirrors. 

On October 28, 2020 (85 FR 68409), 

FMCSA granted Samsara Networks, Inc. 

a 5-year exemption from 49 CFR 

393.60(e)(1) on behalf of motor carriers 

to operate CMVs equipped with 

Samsara’s AI Dash Cam device mounted 

in approximately the top center of the 

windshield and such that the bottom 

edge of the AI Dash Cam device is 

approximately 8 inches below the upper 

edge of the area swept by the 

windshield wipers, outside of the 

driver’s normal sight lines to the road 

ahead, highway signs and signals, and 

all mirrors. 

On November 24, 2020 (85 FR 75106), 

FMCSA granted J.J. Keller & Associates, 

Inc. a 5-year exemption from 49 CFR 

393.60(e)(1) on behalf of motor carriers 

operating CMVs equipped with J. J. 

Keller’s ADAS camera mounted in 

approximately the top center of the 

windshield and such that the bottom 

edge of the camera housing is 

approximately 8 inches below the upper 

edge of the area swept by the 

windshield wipers, outside of the 

driver’s normal sight lines to the road 

ahead, highway signs and signals. 

On December 18, 2020 (85 FR 82575), 

FMCSA granted Netradyne Inc. a 5-year 

exemption from 49 CFR 393.60(e)(1) on 

behalf of motor carriers operating CMV’s 

utilizing the Netradyne Driveri® Dash 

Cam which is mounted near the top 

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, and outside the driver’s sight 

lines to the road and highway signs and 

signals. 

B. Petition for Rulemaking 

On March 10, 2019, DTNA petitioned 

the Agency to initiate a rulemaking to 

amend 49 CFR 393.60, ‘‘Parts and 

Accessories Necessary for Safe 

Operation, Glazing in Specified 

Openings.’’ 1 DTNA sought a revision to 

49 CFR 393.60(e)(l)(ii)(A) to allow 

safety-enhancing technologies to be 

placed on the interior of the windshield 

within 8.5 inches below the upper edge 

of the area swept by the windshield 

wipers, which would make permanent 

the exemption the Agency granted 

DTNA in 2018. The petition also asked 

FMCSA to expand the definition of 

vehicle safety technology, found at 

§ 393.5, to include additional items of 

equipment that are intended to promote 

driver, occupant, and roadway safety. 

These items included braking warning 

systems, braking assist systems, 

automatic emergency braking, driver 

camera system, attention assist warning, 

and traffic sign recognition. 

VI. Discussion of Proposed Rulemaking 

FMCSA proposes to amend 

§ 393.60(e) to allow certain additional 

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. FMCSA is proposing to 

modify the definition of vehicle safety 

technology in § 393.5 of the FMCSRs, to 

add technologies that had been granted 

temporary exemptions from § 393.60(e) 

since the 2016 final rule. Consistent 

with the terms and conditions outlined 

in the various temporary exemptions 

currently in effect, FMCSA proposes to 

require devices that must be mounted 

within the area swept by the windshield 

wipers to be located (1) not more than 

216 mm (8.5 inches) below the upper 

edge, and (2) not more than 175 mm (7 

inches) above the lower edge of the 

swept area. Additionally, and consistent 

with the existing regulation and the 

terms and conditions of the temporary 

exemptions, the devices would have to 

be located outside the driver’s sight 

lines to the road and highway signs and 

signals. 

Similar to the 2016 amendments to 

§ 393.60, this NPRM proposes to update 

the FMCSRs in response to the 

development and proliferation of 

devices that utilize new and innovative 

vehicle safety technologies that did not 

exist at the time the previous 

requirements were adopted. If finalized, 

this NPRM rule would add GPS to the 

list of vehicle safety technologies even 

though the GPS display does not require 

a clear forward-facing visual field 

through the windshield. As discussed in 

the Traditional Trucking Corporation 

temporary exemption, GPS devices 

cannot be mounted to the ‘‘face’’ of the 

CMVs control panel as that area is 

covered with controls and displays 

necessary for the operation of the CMV. 

The GPS device can be located on top 

of the dash, which in many cases leaves 

the GPS in the same visual field as if the 

GPS were located on the windshield in 

the lower allowable area. Mounting the 

GPS lower on the dash would take the 

driver’s eyes farther from the road. The 

size of GPS display units is 

approximately the same size as the 

currently allowed vehicle safety 

technologies in the driver’s visual field. 

These devices/technologies have been 

proven to improve safety and vehicle 

operations. 

The first temporary exemption from 

§ 393.60(e)(1) was granted in March 

2009, and FMCSA has over 12 years of 

real-world experience overseeing motor 

carriers operating CMVs using devices 

mounted on the interior of the 

windshield and marginally within the 

area swept by the windshield wipers. 

FMCSA is unaware of any crashes 

during that time attributed to the 

location of such devices. 

To assist in development of the 

proposed regulatory revisions, the 

Agency specifically requests responses 

to the following questions: 

1. Does the definition of vehicle safety 

technology need to be expanded further 


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2See Exec. Order No. 13,859, section 1, 84 FR 

3967 

3https://www.fmcsa.dot.gov/regulations/ 

petitions-0. 

to address other potential technologies 

and/or multifunction devices such as 

electronic logging devices that 

incorporate technologies such as 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)? 

2. Would the proposed position of 

allowable vehicle safety technologies 

(not more than 8.5 inches below the 

upper and 7 inches above the lower 

edge of the swept area of the 

windshield) be sufficient for current and 

developing devices? 

VII. Section-by-Section Analysis 

This section-by-section analysis 

describes the proposed changes in 

numerical order. 

A. Section 393.5 Definitions 

The definition for vehicle safety 

technology would be 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 would be 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) would be 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 proposed 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. OIRA determined that 

this notice of proposed 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, OMB has not 

reviewed it under these Orders. 

Additionally, this NPRM supports 

Executive Order 13859 which states that 

‘‘the policy of the United States 

Government is to sustain and enhance 

the scientific, technological, and 

economic leadership position of the 

United States in AI [artificial 

intelligence].’’ 2 The deployment of AI 

holds the promise to improve efficiency, 

effectiveness, safety, fairness, welfare, 

transparency, and other economic and 

social goals, and America’s continued 

status as a global leader in AI 

development is important to preserving 

our economic and national security. The 

importance of developing and deploying 

AI requires a regulatory approach that 

fosters innovation and growth and 

engenders trust, while protecting core 

American values, through both 

regulatory and non-regulatory actions 

and reducing unnecessary barriers to the 

development and deployment of AI. To 

support innovation and growth in the 

technological sector of CMV safety, 

FMCSA is issuing this NPRM as a 

response to a rulemaking petition from 

DTNA.3

Baseline for the Analysis 

The mounting of devices on the 

interior of the windshield within the 

area swept by the windshield wipers 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 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 

(Pub. L. 114–94, 129 Stat. 1312, 1534– 

1535 Dec. 4, 2015) 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 fleetrelated 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 NPRM proposes revisions to 49 

CFR 393.60 to expand the area where 

vehicle safety technologies (e.g., lane 

departure warning systems, forward 

collision warning and mitigation 

systems utilizing automated emergency 

braking, enhanced driver performance 

and behavior management and coaching 

systems) could be installed on the 

interior of windshields of CMVs. The 

NPRM, if finalized consistent with the 

terms proposed, would generate cost 

savings for both industry and 

government and is anticipated to 

achieve a level of safety equivalent to, 

or greater than, the level that would be 

achieved by the current regulation. 

Table 1 provides a summary of the 

affected population, costs, cost savings, 

and benefits of this NPRM. 


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4https://www.bls.gov/oes/2019/may/oes_nat.htm 

(last accessed April 20, 2021). 

5We 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 2019 data, we divided the total 

compensation amount of $60.83 by the wage and 

salary amount of $42.33 to get the load factor of 

1.44 ($60.83 divided by $42.33). This data is found 

in table 9 of the ECEC Historical Listing. https://

www.bls.gov/web/ecec/ececqrtn.pdf. 

6https://www.opm.gov/policy-data-oversight/payleave/salaries-wages/salary-tables/pdf/2019/ 

DCB.pdf. 

TABLE 1—SUMMARY OF THE IMPACTS OF THIS NPRM 

Category Summary 

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

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

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

Industry Costs Savings ($, 7 percent discount rate) ................................ 10-year: $3,992. 

Annualized: $568. 

Federal Government Cost Savings ($, 7 percent discount rate) ............. 10-year: $71,196. 

Annualized: $10,136. 

Total Cost Savings ($, 7 percent discount rate) ...................................... 10-year: $75,189. 

Annualized: $10,705. 

Benefits ..................................................................................................... This NPRM, if finalized, would provide a greater available area for the 

voluntary deployment of windshield-mounted safety technologies 

such as lane departure warning systems and automated emergency 

braking safety systems which have the potential to reduce fatalities, 

injuries, and property damages while maintaining a level of safety 

equivalent to, or greater than, the level that would be achieved by 

the current regulation. 

Cost, Cost Savings & Benefits 

This NPRM proposes 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 proposed 

rulemaking § 393.5 definitions would 

now also include braking warning 

systems, braking assist systems, 

automatic emergency braking, driver 

camera systems, 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. 

As a result of the proposed change, 

there would be new examples of vehicle 

safety technology devices and systems 

which would better accommodate the 

vehicle manufacturer advancements in 

the field of driver assistance 

technologies. The proposed change 

would have no cost. There would be 

benefits accrued through improved 

safety performance of CMVs via fatality, 

injury, and property damage prevention. 

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, and rollovers, which often 

occur when a vehicle leaves the road. 

Additionally, automatic Emergency 

Braking systems engage dynamic brake 

support or crash-imminent braking to 

potentially save lives and reduce 

moderate and less severe rear-end 

crashes. 

With regards to the existing § 393.60, 

(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 outside 

the driver’s sight lines to the road and 

to highway signs and signals, and: 

• Not more than 100 mm (4 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. 

Under the proposed change to 

§ 393.60, (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 

outside the driver’s sight lines to the 

road and to highway signs and signals, 

and: 

• Not more than 216 mm (8.5 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; and 

• Outside the driver’s sight lines to 

the road and highway signs and signals. 

This proposed change would expand 

the area available for mounting vehicle 

safety technologies on the interior of a 

windshield. The proposed change 

would have no cost but would result in 

an annualized cost savings from 

reduced exemption application and 

approval process. The cost savings are 

estimated to be $12,184 and $10,705 at 

3 percent and 7 percent discount rates. 

Wage Rates 

For this analysis, we calculated 

private sector wages using 2019 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 

median hourly wage for Standard 

Occupational Classification Code 11– 

2021—Marketing Managers which is 

$65.79.4

We added a load factor to the industry 

wages for Marketing Managers using 

December 2019 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.5 We 

multiply the median hourly wage by the 

load factor to get the full loaded wage 

of $94.74. 

We utilize Federal Government 

employee wage rates based on the Office 

of Personnel Management (OPM) 2019 

General Schedule (GS) pay for the DC– 

MD–VA–WV–PA locality for a GS–15 

grade.6 Using OPM data, we generate an 


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7https://www.opm.gov/policy-data-oversight/payleave/salaries-wages/salary-tables/pdf/2019/DCB_

h.pdf. 8https://www.govinfo.gov/content/pkg/BUDGET2021-OBJCLASS/pdf/BUDGET-2021-OBJCLASS.pdf. 9Loaded Hourly wage × Number of Hours × 

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

10 (Total Cost Savings in this table may not equal 

the sum total of yearly cost savings due to rounding 

in underlying calculations). 11The 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. 

12Loaded Hourly Wage × Number of Hours × 

Average number of exemptions x Personnel ($93.86 

× 12 × 3 × 3). 

hourly wage for a GS–15 Step 1 grade 

to be $66.05.7

OMB publishes an object class 

analysis of the budget of the U.S. 

Government.8 The object class provides 

the actual values that, in 2019, DOT 

spent $5,931 million in full-time 

permanent employee compensation and 

$2,497 million in civilian employee 

benefits. Based on this, FMCSA 

estimates a fringe benefit rate of 42.10 

percent (2,497/5,931) for FMCSA 

personnel or $27.81 ($66.05 × 42.10 

percent). The fully loaded hourly wage 

for a GS–15 Step 1 is $93.86 ($66.05 + 

$27.81). 

Costs 

Motor carriers, industry technological 

manufacturers, and drivers would not 

incur any new costs associated with this 

NPRM. Adopting and using windshieldmounted technologies is purely 

optional. Those who install and use 

windshield-mounted technologies 

would experience no added burdens or 

costs. 

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 

Section VI. of this 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—not more 

than 216 mm (8.5 inches) below the 

upper edge of the area swept by the 

windshield wipers, and not more than 

175 mm (7 inches) above the lower edge 

of the area swept– 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 NPRM, if 

finalized consistent with the terms 

proposed, would generate cost savings 

to (1) motor carrier companies that file 

fewer periodic 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 this takes about 2 hours of company 

time. Manufacturers, on average, apply 

for 3 exemptions per year. Table 3 

provides the 10-year time horizon cost 

savings stream based on the yearly 

undiscounted $568 (rounded to the 

nearest whole dollar) cost savings to 

industry if this NPRM would be 

finalized in 2022.9

TABLE 3—TOTAL AND ANNUALIZED COST SAVINGS TO INDUSTRY 10

Year 

Total 

undiscounted 

costs savings 

Total discounted 

7 percent 3 percent 

2022 ............................................................................................................................................. $568 $531 $552 

2023 ............................................................................................................................................. 568 496 536 

2024 ............................................................................................................................................. 568 464 520 

2025 ............................................................................................................................................. 568 434 505 

2026 ............................................................................................................................................. 568 405 490 

2027 ............................................................................................................................................. 568 379 476 

2028 ............................................................................................................................................. 568 354 462 

2029 ............................................................................................................................................. 568 331 449 

2030 ............................................................................................................................................. 568 309 436 

2031 ............................................................................................................................................. 568 289 423 

Total ...................................................................................................................................... 5,684 3,992 5,519 

Annualized ............................................................................................................................ ........................ 568 647 

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.11 We estimate the total 

time from initial exemption receipt to 

final approval to be 12 hours. Table 4 

provides the 10-year time horizon cost 

savings stream based on the yearly 

undiscounted $10,137 (rounded to the 

nearest whole dollar) cost savings to the 

Federal Government if this NPRM 

would be finalized in 2022.12

TABLE 4—TOTAL AND ANNUALIZED COST SAVINGS TO THE FEDERAL GOVERNMENT 13

Year 

Total 

undiscounted 

costs savings 

Total discounted 

7 percent 3 percent 

2022 ............................................................................................................................................. $10,137 $9,474 $9,842 

2023 ............................................................................................................................................. 10,137 8,854 9,555 

2024 ............................................................................................................................................. 10,137 8,275 9,277 

2025 ............................................................................................................................................. 10,137 7,733 9,006 

2026 ............................................................................................................................................. 10,137 7,227 8,744 


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13 (Total Cost Savings in this table may not equal 

the sum total of yearly cost savings due to rounding 

in underlying calculations). 14 (Total Cost Savings in this table may not equal 

the sum total of yearly cost savings due to rounding 

in underlying calculations). 15https://rosap.ntl.bts.gov/view/dot/4. 

16https://rosap.ntl.bts.gov/view/dot/10. 17A ‘‘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; (b) 

a major increase in costs or prices for consumers, 

individual industries, Federal agencies, State 

agencies, local government agencies, or geographic 

regions; or (c) 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)). 

TABLE 4—TOTAL AND ANNUALIZED COST SAVINGS TO THE FEDERAL GOVERNMENT 13—Continued 

Year 

Total 

undiscounted 

costs savings 

Total discounted 

7 percent 3 percent 

2027 ............................................................................................................................................. 10,137 6,755 8,489 

2028 ............................................................................................................................................. 10,137 6,313 8,242 

2029 ............................................................................................................................................. 10,137 5,900 8,002 

2030 ............................................................................................................................................. 10,137 5,514 7,769 

2031 ............................................................................................................................................. 10,137 5,153 7,543 

Total ...................................................................................................................................... 101,368 71,197 98,416 

Annualized ............................................................................................................................ ........................ 10,137 11,537 

Table 5 provides the total 10-year 

time horizon cost savings stream based 

on the yearly undiscounted cost savings 

of $10,705 (rounded to the nearest 

whole dollar) for both industry and the 

Federal Government. 

TABLE 5—TOTAL COST SAVINGS FOR INDUSTRY & THE FEDERAL GOVERNMENT 14

Year 

Total 

undiscounted 

costs savings 

Total discounted 

7 percent 3 percent 

2022 ............................................................................................................................................. $10,705 $10,005 $10,393 

2023 ............................................................................................................................................. 10,705 9,350 10,091 

2024 ............................................................................................................................................. 10,705 8,739 9,797 

2025 ............................................................................................................................................. 10,705 8,167 9,511 

2026 ............................................................................................................................................. 10,705 7,633 9,234 

2027 ............................................................................................................................................. 10,705 7,133 8,965 

2028 ............................................................................................................................................. 10,705 6,667 8,704 

2029 ............................................................................................................................................. 10,705 6,231 8,451 

2030 ............................................................................................................................................. 10,705 5,823 8,205 

2031 ............................................................................................................................................. 10,705 5,442 7,966 

Total ...................................................................................................................................... 107,053 75,189 103,934 

Annualized ............................................................................................................................ ........................ 10,705 12,184 

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 NPRM, 

though it believes that the rule has the 

potential to improve the safety of CMV 

operations.15 16 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 NPRM, FMCSA 

considered two alternatives. In this 

section, we examine how the cost of the 

proposal would change with each 

alternative. 

Alternative 1: 

No Action. 

Using this 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 $10,705 

(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 

393.5 to broaden the definition of 

vehicle safety technology. 

Using this 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), the Office of 

Information and Regulatory Affairs 

designated this rule as not a ‘‘major 

rule,’’ as defined by 5 U.S.C. 804(2).17

C. Advance Notice of Proposed 

Rulemaking 

Under 49 U.S.C. 31136(g), FMCSA is 

required to publish an advance notice of 

proposed rulemaking (ANPRM) or 

proceed with a negotiated rulemaking, if 

a proposed rule is likely to lead to the 

promulgation of a major rule. As this 


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18Public Law 104–121, 110 Stat. 857, (Mar. 29, 

1996). 

19Public Law 104–121, 110 Stat. 857, (Mar. 29, 

1996). 

20Public Law 108–447, 118 Stat. 2809, 3268, note 

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

proposed rule is not likely to result in 

the promulgation of a major rule, the 

Agency is not required to issue an 

ANPRM or to proceed with a negotiated 

rulemaking. 

D. 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 1996,18 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 NPRM, 

if finalized consistent with the proposed 

terms, would not have a significant 

economic impact on small entities. We 

expect a final rule consistent with the 

NPRM to 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 would 

be reduced by $568 per year 

(annualized, 7 percent discount rate). 

We calculate that 100 percent of small 

equipment manufacturers impacted by 

this NPRM would have a cost savings 

less than 1 percent of their annual 

revenue. No small governmental 

jurisdictions would be impacted by this 

NPRM. 

Consequently, I certify that the 

proposed action would 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 NPRM 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 NPRM would economically affect it. 

E. Assistance for Small Entities 

In accordance with section 213(a) of 

the Small Business Regulatory 

Enforcement Fairness Act of 1996,19

FMCSA wants to assist small entities in 

understanding this NPRM so they can 

better evaluate its effects on themselves 

and participate in the rulemaking 

initiative. If the NPRM would 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. 

F. 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 NPRM 

would not result in such an 

expenditure, a written statement is not 

required. However, FMCSA does 

discuss the costs and benefits of this 

NPRM in the preamble. 

G. Paperwork Reduction Act 

This NPRM 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 is pursuing completion of that ICR 

outside of this rulemaking. 

H. 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. 

I. Privacy 

The Consolidated Appropriations Act, 

2005,20 requires the Agency to assess 

the privacy impact of a regulation that 

will affect the privacy of individuals. 

This NPRM would not require the 

collection of personally identifiable 

information (PII). Because this NPRM 

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 would 

collect, maintain, or disseminate 

information as a result of this rule. 

Accordingly, FMCSA has not conducted 

a PIA. 

The Agency will complete a Privacy 

Threshold Assessment (PTA) to evaluate 

the risks and effects the NPRM might 

have on collecting, storing, and sharing 

personally identifiable information. The 

DOT Privacy Office has determined that 

this rulemaking does not create privacy 

risk. 

J. 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. 


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35458 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Proposed Rules 

K. National Environmental Policy Act of 

1969 

FMCSA analyzed this NPRM for the 

purpose of the National Environmental 

Policy Act of 1969 (NEPA) (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 proposed requirements in this 

rule are covered by this CE and the 

NPRM 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 proposes to 

amend 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, automatic emergency braking, 

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) Prohibition on obstructions to the 

driver’s field of view—(1) Devices 

mounted on the interior of the 

windshield. 

* * * * * 

(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 

Meera Joshi, 

Deputy Administrator. 

[FR Doc. 2021–14040 Filed 7–2–21; 8:45 am] 

BILLING CODE 4910–EX–P 


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