[Federal Register Volume 85, Number 227 (Tuesday, November 24, 2020)]
[Notices]
[Pages 75106-75107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25889]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0169]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption from J.J. Keller & Associates, 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 application of J. J. Keller & 
Associates, Inc. (J. J. Keller) for a limited five-year exemption to 
allow its Advanced Driver Assistance Systems (ADAS) camera 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 ADAS camera 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 November 24, 2020 and will end 
November 24, 2025.

FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside 
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-0676, 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 a day, 365 days a 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). 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)).

J. J. Keller's Application for Exemption

    J. J. Keller applied for an exemption from 49 CFR 393.60(e)(1) to 
allow its ADAS cameras to be mounted lower in the windshield than is 
currently permitted by the Agency's regulations to optimize the 
functionality of the camera system. A copy of the application is 
included in the docket referenced at the beginning of this notice.
    In its application, J. J. Keller states that the functionality of 
its camera now includes the ability to provide following distance 
warnings, lane departure warnings, monitoring of posted speed limit and 
stop sign abidance, detection of driver drowsiness, and use of cell 
phones and seat belts and that these features will increase safety. J. 
J. Keller notes that it piloted the devices' functionality, and found 
that there was no significant obstruction to the driver's normal 
sightlines to the road ahead, highway signs and signals, or any 
mirrors.
    The camera housing is approximately 91.5 mm (3.6 inches) tall by 
123.5 mm (4.86 inches) wide, and will be mounted in the approximate 
center of the windshield with the bottom edge of the camera housing 
approximately 8 inches below the upper edge of the area swept by the 
windshield wipers. The camera will be mounted outside the driver's 
normal sight lines to the road ahead, signs, signals and mirrors. This 
location will allow for optimal functionality of the safety features 
supported by the camera.
    Without the proposed exemption, J. J. Keller states that its 
clients (1) will not be able to install these devices in an optimal 
location on the windshield to maximize the effectiveness of the ADAS 
safety features, and (2) could be fined for violating current 
regulations. The exemption would apply to all CMVs equipped with J. J. 
Keller's ADAS camera mounted on the windshield. J. J. Keller believes 
that mounting the ADAS camera 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 August 13, 2020 and asked for public comment (85 FR 49416). The 
Agency received comments from the National Private Truck Council 
(NPTC), Wisconsin Motor Carriers Association (WMCA), and 72 
individuals. The (NPTC) supported the exemption application, noting 
that the J. J. Keller ADAS camera is designed to provide such features 
as: Following distance warnings; lane departure warnings; monitoring of 
posted speed limits; compliance with stop signs; and detection of 
driver drowsiness, use of cell phones, seat belts, and food and drink 
while in the cab. NPTC stated that these features promote beneficial 
safety practices and are of interest to NPTC

[[Page 75107]]

member companies. The Wisconsin Council of Safety Supervisors, a 
subdivision of the WMCA, composed of safety and personnel supervisors 
from regulated for-hire and private motor carriers, unanimously voted 
at its most recent meeting to support the J. J. Keller petition, citing 
the safety benefits and referencing similar FMCSA exemptions granted to 
other ADAS camera technology suppliers. Seventy-two individuals 
provided comments on the J. J. Keller application, with some arguing 
that the driver-facing portion of the ADAS camera could present a 
distraction to the driver. Some commenters also expressed concern that 
the camera could create a visual blind spot that may obstruct the 
driver's view of traffic and traffic signs and signals in certain 
driving situations.

FMCSA Decision

    FMCSA has evaluated the J. J. Keller exemption application. The 
ADAS camera system housing is approximately 3.6 inches tall, and is 
mounted near the top of the center of the windshield, with the bottom 
of the camera housing located approximately 8 inches below the top of 
the area swept by the windshield wipers. The camera needs to be mounted 
in this location for optimal functionality of the ADAS system. The 
desired optimal functionality and the relative size of the camera 
system precludes mounting it (1) higher in the windshield, and (2) 
within 4 inches from the top of the area swept by the windshield wipers 
to comply with Sec.  393.60(e)(1)(ii)(A).
    The Agency believes that granting the temporary exemption to allow 
placement of the ADAS camera 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 information available, there is no indication 
that the ADAS camera would obstruct drivers' views of the roadway, 
highway signs and signals, 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 
where the bottom of the ADAS camera housing will not exceed 8 inches 
below the upper edge of the area swept by the windshield wipers outside 
the driver's and passenger's normal sight lines to the road ahead, 
highway signs and signals, and all mirrors, will be reasonable and 
enforceable at roadside. In addition, the Agency believes the use of 
the ADAS camera by fleets is likely to improve the overall level of 
safety for the motoring public.
    This action is consistent with the following previously issued 
Agency actions permitting the placement of similarly-sized devices on 
CMVs outside the driver's sight lines to the road, and highway signs 
and signals: 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), 
and Navistar Inc. 84 FR 64952 (Nov. 25, 2019). 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.

Terms and Conditions for the Exemption

    The Agency hereby grants the exemption for a 5-year period, 
beginning November 24, 2020 and ending November 24, 2025. During the 
temporary exemption period, motor carriers will be allowed to operate 
CMVs equipped with J. J. Keller's ADAS camera in the approximate center 
of the top 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 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 J. J. Keller's ADAS 
camera 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 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. 2020-25889 Filed 11-23-20; 8:45 am]
BILLING CODE 4910-EX-P