[Federal Register Volume 85, Number 99 (Thursday, May 21, 2020)]
[Notices]
[Pages 31021-31022]
[FR Doc No: 2020-10971]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0244]

Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Lytx 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 Lytx Inc. (Lytx) application for a
limited five-year exemption to allow its advanced driver-assistance
systems (ADAS) 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 would not have an adverse
impact on safety and that adherence to the terms and conditions of the
exemption would achieve a level of safety equivalent to, or greater
than, the level of safety provided by the regulation.

DATES: This exemption is effective May 21, 2020 and ending May 18,
2025.

FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] R. Cestero, Vehicle
and Roadside Operations Division, Office of Carrier, Driver, and
Vehicle Safety, MC-PSV,<PHONE_NUMBER>, 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. 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)).

Lytx's Application for Exemption

    Lytx applied for an exemption from 49 CFR 393.60(e)(1) to allow its
ADAS to be mounted lower in the windshield than is currently permitted
by the Agency's regulations in order to utilize a mounting location
that allows optimal functionality of the camera system. 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.  390.5, 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, Lytx states that it has expanded the
functionality of its camera systems to include ADAS capabilities
through its ``Machine Vision & Artificial Intelligence'' (MV+AI)
platform. These capabilities now include the ability to provide forward
collision warnings, following distance warnings, and lane departure
warnings along with detection of stop signs and use of cell phones,
seat belts, food and drink, smoking, etc. Lytx states that the proposed
exemption will increase safety by providing these ADAS features on its
clients' CMVs. Lytx notes that it piloted the devices' functionality,
and found that there was no noticeable obstruction to the driver's
normal sightlines to the road ahead, highway signs and, signals, or any
mirrors.
    The camera housing is approximately 127 mm (5 inches) wide by 108
mm (4.2 inches) tall, and will be mounted in the approximate center of
the top of the windshield such that the bottom edge of the camera
housing is approximately 204 mm (8 inches) below the upper edge of 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.
This location will allow for proper installation (including connectors
and cables) for optimal functionality of the advanced safety systems
supported by the camera.
    Without the proposed exemption, Lytx 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 of
the technology, and (2) could be fined for violating current
regulations. The exemption would apply to all CMVs equipped with Lytx's
ADAS mounted on the windshield. Lytx 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 December 3, 2019, and asked for public comment (84 FR 66271).
    The Agency received three comments, from the American Trucking
Associations, the National Waste & Recycling Association, and the
International Foodservice Distributors Association. Each organization
supported the Lytx exemption application, and noted that granting it
would (1) allow for increased use of the ADAS technologies in CMVs, (2)
improve safety, and (3) be consistent with previous FMCSA actions
granting exemptions for similarly-sized devices.

FMCSA Decision

    FMCSA has evaluated the Lytx exemption application. The ADAS camera
system housing is approximately 4.2 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 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 lower than currently permitted by Agency
regulations will 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 ADAS would obstruct drivers' views of the roadway,
highway signs and signals 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 use of ADAS by fleets is likely to improve the
overall level of safety for 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 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 May 21, 2020 and ending May 18, 2025. During the temporary
exemption period, motor carriers will be allowed to operate CMVs
equipped with Lytx's ADAS 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 windshield, 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 Lytx's ADAS 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 A. Mullen,
Acting Administrator.
[FR Doc. 2020-10971 Filed 5-20-20; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: November 30, 2009 (Volume 74, Number 228)]
[Notices]
[Page 62632-62634]
[DOCID:fr30no09-110]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-2001-9258; FMCSA-
2002-12844; FMCSA-2003-15892; FMCSA-2005-21711]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
22

individuals. FMCSA has statutory authority to exempt individuals from
the vision requirement if the exemptions granted will not compromise
safety. The Agency has concluded that granting these exemption renewals
will provide a level of safety that is equivalent to, or greater than,
the level of safety maintained without the exemptions for these
commercial motor vehicle (CMV) drivers.

DATES: This decision is effective November 30, 2009. Comments must be
received on or before December 30, 2009.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-1999-5578; FMCSA-1999-5748;
FMCSA-2001-9258; FMCSA-2002-12844; FMCSA-2003-15892; FMCSA-2005-21711,
using any of the following methods.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this Notice. Note that DOT posts all comments received without
change to http://www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or 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., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19476). This information is
also available at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 22 individuals who have requested a renewal
of their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 22 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Thomas E. Adams
Terry J. Aldridge
Lennie D. Baker, Jr.
Jerry D. Bridges
William J. Corder
Gary R. Gutschow
Richard J. Hanna
James J. Hewitt
Albert E. Malley
Eugene P. Martin
David L. Menken
Rodney M. Mimbs
Walter F. Moniowczak
William G. Mote
James R. Murphy
Chris A. Ritenour
Ronald L. Roy
Thomas D. Walden
Thomas E. Walsh
Kevin P. Weinhold
Charles M. Wilkins
Thomas A. Wise

    These exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the standard in 49 CFR 391.41(b)(10), and
(b) by a medical examiner who attests that the individual is otherwise
physically qualified under 49 CFR 391.41; (2) that each individual
provides a copy of the ophthalmologist's or optometrist's report to the
medical examiner at the time of the annual medical examination; and (3)
that each individual provides a copy of the annual medical
certification to the employer for retention in the driver's
qualification file and retain a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) The person fails 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.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 22 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (64 FR 27027; 64 FR 51568; 66 FR 63289; 68 FR 64944; 70 FR
67776; 72 FR 64273; 64 FR 40404; 64 FR 66962; 66 FR 17743; 66 FR 33990;
68 FR 35772; 70 FR 33937; 67 FR 68719; 68 FR 2629; 70 FR 61165; 68 FR
52811; 68 FR 61860; 70 FR 48797; 70 FR 61493) Each of these 22
applicants has requested renewal of the exemption and has submitted
evidence showing that the vision in the better eye continues to meet
the standard specified at 49 CFR 391.41(b)(10) and that the vision
impairment is stable. In addition, a review of each record of safety
while driving with the respective vision deficiencies over the past two
years indicates each applicant continues to meet the vision exemption
standards. These factors provide an adequate basis for predicting each
driver's ability to continue to drive safely in interstate commerce.
Therefore, FMCSA concludes that extending the exemption for each
renewal applicant for a period of two years is likely to achieve a
level

of safety equal to that existing without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by December 30, 2009.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 22 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was based on the merits of each
case and only after careful consideration of the comments received to
its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all of these drivers, are not
currently achieving the statutory level of safety should immediately
notify FMCSA.
    The Agency will evaluate any adverse evidence submitted and, if
safety is being compromised or if continuation of the exemption would
not be consistent with the goals and objectives of 49 U.S.C. 31136(e)
and 31315, FMCSA will take immediate steps to revoke the exemption of a
driver.

    Issued on: November 16, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-28439 Filed 11-27-09; 8:45 am]

BILLING CODE 4910-EX-P