[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Notices]
[Pages 64220-64222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22361]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0106]


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

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

ACTION: Notice of final disposition.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
announces its decision to grant the Nauto, Inc. (Nauto) application for 
a limited 5-year exemption to allow its multi-sensor device to be 
mounted lower in the windshield on commercial motor vehicles (CMV) than 
is currently permitted. The Agency has determined that lower placement 
of the multi-sensor device would not have an adverse impact on safety 
and that adherence to the terms and conditions of the exemption would 
likely achieve a level of safety equivalent to, or greater than, the 
level of safety provided by the regulation.

DATES: This exemption is applicable October 9, 2020 and ending October 
9, 2025.

FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] R. Cestero, Vehicle 
and Roadside Operations Division, Office of Carrier, Driver, and 
Vehicle Safety, MC-PSV, (202) 366-5541, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
    Docket: For access to the docket to read background documents or 
comments submitted to notice requesting public comments on the 
exemption application, go to www.regulations.gov at any time or visit 
Room W12-140 on the ground level of the West Building, 1200 New Jersey 
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday 
through Friday, except Federal holidays. To be sure someone is there to 
help you, please call (202) 366-9317 or (202) 366-9826 before visiting 
Docket Operations. The online Federal document management system is 
available 24 hours each day, 365 days each year. The docket number is 
listed at the beginning of this notice.

SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
Regulations (FMCSRs).

[[Page 64221]]

FMCSA must publish a notice of each exemption request in the Federal 
Register (49 CFR 381.315(a)). The Agency must provide the public an 
opportunity to inspect the information relevant to the application, 
including any safety analyses that have been conducted. The Agency must 
also provide an opportunity for public comment on the request.
    The Agency reviews safety analyses and public comments submitted, 
and determines whether granting the exemption would likely achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reasons for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted. The notice must also specify the effective period (up to 5 
years) and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

Nauto's Application for Exemption

    Nauto applied for an exemption from 49 CFR 393.60(e)(1) to allow 
its multi-sensor device to be mounted lower in the windshield than is 
currently permitted by the Agency's regulations to allow optimal 
functionality of the multi-sensor device. A copy of the application is 
included in the docket referenced at the beginning of this notice.
    Section 393.60(e)(1)(i) of the FMCSRs prohibits obstruction of the 
driver's field of view by devices mounted at the top of the windshield. 
Antennas and similar devices must not be mounted more than 152 mm (6 
inches) below the upper edge of the windshield, and must be outside the 
driver's sight lines to the road and highway signs and signals. 
However, Sec.  393.60(e)(1)(i) does not apply to vehicle safety 
technologies, as defined in Sec.  393.5, that include ``a fleet-related 
incident management system, performance or behavior management system, 
speed management system, forward collision warning or mitigation 
system, active cruise control system, and transponder.'' Section 
393.60(e)(1)(ii) requires devices with vehicle safety technologies to 
be mounted (1) not more than 100 mm (4 inches) below the upper edge of 
the area swept by the windshield wipers, or (2) not more than 175 mm (7 
inches) above the lower edge of the area swept by the windshield 
wipers, and (3) outside the driver's sight lines to the road and 
highway signs and signals.
    In its application, Nauto states that its technology uses a real-
time, AI-powered Driver Behavior Learning Platform that utilizes a 
sophisticated road- and driver-facing, multi-sensor device equipped 
with interior and exterior image sensors on the windshield that 
continuously analyze driving activities. Nauto states that the interior 
image sensors identify and analyze driver actions and objects to detect 
distracted, drowsy, and risky driving, while the exterior image sensors 
detect threats such as vehicles ahead. In addition to the visual risks 
detected through AI on the image sensors, Nauto fuses all sensor data, 
including vehicle speed, location, and telemetry data, to build a 
complete, real-time risk assessment and predict risky events in 
context. Nauto states that its technology helps predict, prevent and 
reduce distracted/risky driving, alerts drivers in real time, and 
allows for on-demand coaching of drivers. The technology also allows 
for the monitoring of fleets and drivers, which assists companies in 
identifying safety problems that can inform safety programs and 
policies.
    Nauto states that its technology ``cannot function properly unless 
the device is mounted on a windshield at a location that allows the 
multiple sensors to have sufficient viewing angles to both the driver 
and exterior environment surrounding the vehicle and to ensure 
visibility of sensors to the roadway ahead the sensor placement must be 
within the area swept by the windshield wipers.'' While the FMCSRs 
permit vehicle safety technologies to be placed within the swept area 
of the windshield under specified conditions, Nauto states that in some 
vehicles, its multi-sensor device must be placed lower than permitted 
by the regulation. Specifically, Nauto notes that its device is:

. . . typically placed in the top of the center of the vehicle's 
windshield. When possible, the device is located just below the 
vehicle's headliner, outside of the driver's field of vision. 
Sometimes such a placement is not possible, and the device is placed 
on either side of the mirror, no more than four inches below the 
upper edge of the area swept by the windshield wipers. But in some 
vehicles, the device must be placed more than four inches below the 
upper edge of the area swept by the windshield wipers . . . The 
device's placement is never within the driver's sight lines to the 
road and to highway signs and signals, and would not impair a 
driver's ability to safely operate the vehicle. In the largest 
vehicles, the device may be placed up to eight inches below the 
upper edge of the area swept by the wipers, but in no event in a 
location that could impair a driver's ability to safely operate the 
vehicle.

    Without the proposed exemption, Nauto states that it will not be 
able to deploy its multi-sensor device in a manner that would provide 
the range of benefits achievable with the technology because for the 
device to fully function, placement must be, in some cases, outside of 
the mounting area allowed by the FMCSRs. The exemption would apply to 
all CMVs equipped with Nauto's multi-sensor device mounted on the 
windshield. Nauto believes that mounting the system as described will 
maintain a level of safety that is equivalent to, or greater than, the 
level of safety achieved without the exemption.

Comments

    FMCSA published a notice of the application in the Federal Register 
on April 2, 2020, and asked for public comment (85 FR 18632).
    The Agency received no comments on the exemption application.

FMCSA Decision

    FMCSA has evaluated the Nauto exemption application. In certain 
vehicles, the multi-sensor device must be located up to 8 inches below 
the top of the area swept by the windshield wipers. The device needs to 
be mounted in this location to ensure that the multiple sensors have 
sufficient viewing angles to both the driver and exterior environment 
surrounding the vehicle, and to ensure the clear visibility of the 
sensors to the roadway ahead. The Agency believes that granting the 
exemption to allow placement of the multi-sensor device lower than 
currently permitted by Agency regulations will likely provide a level 
of safety that is equivalent to, or greater than, the level of safety 
achieved without the exemption because (1) based on the technical 
information available, there is no indication that the multi-sensor 
device would obstruct drivers' views of the roadway, highway signs and 
surrounding traffic; (2) generally, trucks and buses have an elevated 
seating position that greatly improves the forward visual field of the 
driver, and any impairment of available sight lines would be minimal; 
and (3) the mounting location 8 inches below the upper edge of the 
windshield and out of the driver's normal sightline will be reasonable 
and enforceable at roadside. In addition, the Agency believes that the 
use of the multi-sensor device by fleets is likely to improve the 
overall level of safety to the motoring public.
    This action is consistent with previous Agency action permitting 
the placement of similarly-sized devices on

[[Page 64222]]

CMVs outside the driver's sight lines to the road and highway signs and 
signals. FMCSA is not aware of any evidence showing that the 
installation of other vehicle safety technologies mounted on the 
interior of the windshield has resulted in any degradation in safety.

Terms and Conditions for the Exemption

    The Agency hereby grants the exemption for a 5-year period, 
beginning October 9, 2020 and ending October 9, 2025. During the 
temporary exemption period, motor carriers will be allowed to operate 
CMVs equipped with Nauto's multi-sensor device in the approximate 
center of the top 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 and passenger's normal sight lines to the road ahead, highway 
signs and signals, and all mirrors. The exemption will be valid for 5 
years unless rescinded earlier by FMCSA. The exemption will be 
rescinded if: (1) Motor carriers and/or commercial motor vehicles fail 
to comply with the terms and conditions of the exemption; (2) the 
exemption has resulted in a lower level of safety than was maintained 
before it was granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 
31315(b).
    Interested parties possessing information that would demonstrate 
that motor carriers operating CMVs equipped with Nauto's multi-sensor 
device are not achieving the requisite statutory level of safety should 
immediately notify FMCSA. The Agency will evaluate any such information 
and, if safety is being compromised or if the continuation of the 
exemption is not consistent with 49 U.S.C. 31136(e) and 31315(b), will 
take immediate steps to revoke the exemption.

Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation applicable to interstate commerce that 
conflicts with or is inconsistent with this exemption with respect to a 
firm or person operating under the exemption. States may, but are not 
required to, adopt the same exemption with respect to operations in 
intrastate commerce.

James W. Deck,
Deputy Administrator.
[FR Doc. 2020-22361 Filed 10-8-20; 8:45 am]
BILLING CODE 4910-EX-P