[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]
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