[Federal Register Volume 85, Number 209 (Wednesday, October 28, 2020)]
[Notices]
[Pages 68409-68411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23894]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0112]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Samsara Networks Inc.

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

ACTION: Notice of final disposition.

-----------------------------------------------------------------------

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
announces its decision to grant the Samsara Networks, Inc. (Samsara) 
application for a limited 5-year exemption to allow its AI Dash Cam 
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 AI Dash Cam 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 effective October 28, 2020 and ending October 
28, 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

[[Page 68410]]

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

Samsara's Application for Exemption

    Samsara applied for an exemption from 49 CFR 393.60(e)(1) to allow 
its AI Dash Cam device to be mounted lower in the windshield than is 
currently permitted by the Agency's regulations to utilize a mounting 
location that allows optimal functionality of the AI Dash Cam 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, Samsara states:

    The Samsara AI Dash Cam analyzes the road and driver behavior in 
real time to detect and alert drivers to road signs, collisions, 
near-misses, distracted driving events and high-risk driving 
behavior, improving overall road and driver safety. This product is 
an integral part of Samsara's comprehensive safety platform for 
vehicle fleets. The device housing is approximately 4.2 inches wide 
(108 mm) by 2.4 inches tall (61 mm) and will be mounted in the 
approximate center of the windshield with the bottom edge of the 
device housing approximately 8 inches (204 mm) below the upper edge 
of the area swept by the windshield wipers. The device is mounted 
outside of the driver's and passenger's normal sight lines to the 
road ahead, signs, signals, and mirrors. This location will allow 
for the optimal functionality of the advanced safety systems 
supported by the device while not obstructing the driver's or 
passenger's normal sightline views.

    Samsara notes that as a result of driver and passenger pilot tests 
conducted internally and with customers, it has determined that there 
is no noticeable obstruction of normal sight lines to the road ahead, 
highway signs, signals or any mirrors from installation of the AI Dash 
Cam within approximately 8 inches below the upper edge of the area 
swept by the windshield wipers. Instead, Samsara contends that use of 
the AI Dash Cam enhances safety because of its ability to analyze road 
and driver behavior in real time to detect and alert drivers to road 
signs, collisions, near-misses, distracted driving events and high-risk 
driving behavior.
    The exemption would apply to all CMVs equipped with Samsara AI Dash 
Cam device mounted on the windshield. Samsara states that ``Without the 
exemption, Samsara customers may not be able to install their Samsara 
AI Dash Cams in an optimal location on the windshield to maximize the 
effectiveness of the safety features of the Samsara technology.'' 
Samsara 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 13, 2020, and asked for public comment (85 FR 20564).
    The Agency received no comments on the exemption application.

FMCSA Decision

    FMCSA has evaluated the Samsara exemption application. Samsara's AI 
Dash Cam device is mounted approximately 8 inches below the top of the 
area swept by the windshield wipers. The device needs to be mounted in 
this location to ensure optimal functionality of the advanced safety 
systems supported by the device. The Agency believes that granting the 
temporary exemption to allow placement of the AI Dash Cam 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 AI Dash Cam 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 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 28, 2020 and ending October 28, 2025. During the 
temporary exemption period, motor carriers will be allowed to operate 
CMVs equipped with Samsara's AI Dash Cam device in the approximate 
center of the top 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 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

[[Page 68411]]

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 Samsara'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. 2020-23894 Filed 10-27-20; 8:45 am]
BILLING CODE 4910-EX-P