[Federal Register Volume 86, Number 213 (Monday, November 8, 2021)]
[Notices]
[Pages 61829-61830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24364]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0124]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption from ZF Group's Commercial Vehicle Control Systems 
Division

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

ACTION: Notice of final disposition; grant of exemption.

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SUMMARY: The FMCSA announces its decision to grant the application of 
ZF Group's Commercial Vehicle Control Systems Division (ZF CVCS) 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 ZF CVCS 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 8, 2021 and ending November 
9, 2026.

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 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)).

ZF CVCS's Application for Exemption

    ZF CVCS applied for an exemption from 49 CFR 393.60(e)(1) to allow 
its ADAS camera to be mounted lower in the windshield than is currently 
permitted to optimize its functionality. A copy of the application is 
included in the docket referenced at the beginning of this notice.
    In its application, ZF CVCS stated that the functionality of its 
camera includes the ability to provide Collision Mitigation Systems, 
Adaptative Cruise Control, Lane Departure Warning, Lane Keeping Assist, 
VRU Collision Mitigation, High Beam Assist, and Traffic Sign 
Recognition. ZF CVCS noted that it has virtually evaluated the impact 
of camera housings using digital human modeling software, and also 
installed a prototype camera housings in several commercial motor and 
found no noticeable obstruction to the normal sight lines to the road 
ahead, highway signs, signals, or any mirrors.
    Currently, ZF CVCS offers two camera system models. The first model 
has a housing that is approximately 142 mm (5.6 inches) tall by 138 mm 
(5.4 inches) wide. The second model has a housing that is 110 mm (4.30 
inches) tall by 118 mm (4.67 inches) wide. The selected camara system 
will be mounted in the approximate center of the windshield with the 
bottom edge of the technology housing approximately 204 mm 
(approximately 8 inches) below the upper edge of the area swept by the 
windshield wipers. The device 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, ZF CVCS stated that its clients 
would not be able to install these devices in an optimal location to 
maximize their safety features. The exemption would apply to all CMVs 
equipped with ZF CVCS' ADAS camera mounted on the windshield. ZF CVCS 
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.

[[Page 61830]]

Comments

    FMCSA published a notice of the application in the Federal Register 
on August 12, 2021 and asked for public comment (86 FR 44467). The 
Agency received no comments.

FMCSA Decision

    FMCSA has evaluated the ZF CVCS exemption application. The ADAS 
camera system housing for both models are approximately 4.30 and 5.6 
inches tall and are mounted near the top of the center of the 
windshield, with the bottom of the technology 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 functionality and 
the relative size of the device 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 section 393.60(e)(1)(ii)(A).
    The Agency believes that allowing 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 does not extend more than 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: Bendix Commercial Vehicle Systems, LLC 86 FR 17877 (April 6, 
2021), Netradyne, Inc. 85 FR 82575 (Dec 18, 2020), J.J. Keller & 
Associates, Inc. 85 FR 75106 (November 24, 2020), Samsara Networks, 
Inc. 85 FR 68409 (Oct. 28, 2020), Nauto Inc. 85 FR 64220 (Oct. 9, 
2020), Lytx Inc. 85 FR 30121 (May 21, 2020), 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 8, 2021 and ending November 9, 2026. During the 
temporary exemption period, motor carriers are allowed to operate CMVs 
equipped with ZF CVCS' ADAS camera in the approximate center of the top 
of the windshield where the bottom edge of the technology 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 is 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 ZF CVCS' 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.

Meera Joshi,
Deputy Administrator.
[FR Doc. 2021-24364 Filed 11-5-21; 8:45 am]
BILLING CODE 4910-EX-P