[Federal Register Volume 87, Number 13 (Thursday, January 20, 2022)]
[Notices]
[Pages 3163-3164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01020]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0119]


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

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 
Complete Innovations, Inc. (Complete Innovations) for a limited five-
year exemption to allow its Vision 2.0 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 
Complete Innovations Vision 2.0 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 January 20, 2022 and ending January 
20, 2027.

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)).

Complete Innovations' Application for Exemption

    Complete Innovations applied for an exemption from 49 CFR 
393.60(e)(1) to allow its Vision 2.0 device 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, Complete Innovations states that its Vision 2.0 
device includes the ability to alert drivers of road signs, distracted 
driving events, and high-risk driving behavior. Complete Innovations 
notes that it piloted the devices' functionality and found that there 
was no obstruction to the driver's normal sightlines to the road ahead, 
highway signs and signals, or any mirrors.
    The Vision 2.0 device is approximately 61 mm (2.4 inches) tall by 
108 mm (4.2 inches) wide, and will be mounted in the approximate center 
of the windshield with the bottom edge of the 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 Vision 2.0 device.
    Without the proposed exemption, Complete Innovations states that 
its clients will 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 Complete Innovations' Vision 2.0 device 
mounted on the windshield. Complete Innovations believes that mounting 
the Vision 2.0 device 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 26, 2021, and asked for public comment (86 FR 47714). The 
Agency received no comments.

FMCSA Decision

    FMCSA has evaluated the Complete Innovations exemption application. 
The Vision 2.0 device housing is approximately 2.4 inches tall and is 
mounted near the top of the center of the windshield, with the bottom 
of the housing located approximately 8 inches below the top of the area 
swept by the windshield wipers. The device needs to be mounted in this 
location for optimal functionality, which would not be achieved by 
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).

[[Page 3164]]

    The Agency believes that allowing placement of the Vision 2.0 
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 
information available, there is no indication that the Vision 2.0 
device 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 
Vision 2.0 device 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 Vision 2.0 
device 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 January 20, 2022 and ending January 20, 2027. During the 
temporary exemption period, motor carriers are allowed to operate CMVs 
equipped with Complete Innovations' Vision 2.0 device 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 Complete Innovations' 
Vision 2.0 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 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. 2022-01020 Filed 1-19-22; 8:45 am]
BILLING CODE 4910-EX-P