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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Proposed Rules
On April 15, 2019 84 FR 15284, FMCSA granted SmartDrive a 5-year exemption from 49 CFR 393.60e1 on behalf of motor carriers to operate CMVs equipped with the SmartDrives Advanced Driver Assistance System ADAS camera system mounted in the approximate center of the windshield such that the bottom edge of the camera is not more than 8 inches below the upper edge of the swept area of the windshield wiper and outside the drivers sight lines to all mirrors, highway signs, signals, and view of the road ahead.
On November 25, 2019 84 FR 64952, FMCSA granted Navistar a 5-year exemption from 49 CFR 393.60e1 on behalf of motor carriers to operate CMVs equipped with Navistars ADAS
mounted in approximately the top center 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 drivers normal sight lines to the road ahead, highway signs and signals, and all mirrors.
On May 21, 2020 85 FR 31021, FMCSA granted Lytx, Inc. a 5-year exemption from 49 CFR 393.60e1 on behalf of motor carriers to operate CMVs equipped with Lytxs ADAS mounted in approximately the top center 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 drivers normal sight lines to the road ahead, highway signs and signals, and all mirrors.
On October 9, 2020 85 FR 64220, FMCSA granted Nauto, Inc. a 5-year exemption from 49 CFR 393.60e1 on behalf of motor carriers to operate CMVs equipped with Nautos multi-sensor device mounted in approximately the top center of the windshield and such that the bottom edge of the multi-sensor device housing is approximately 8
inches below the upper edge of the area swept by the windshield wipers, outside of the drivers normal sight lines to the road ahead, highway signs and signals, and all mirrors.
On October 28, 2020 85 FR 68409, FMCSA granted Samsara Networks, Inc.
a 5-year exemption from 49 CFR
393.60e1 on behalf of motor carriers to operate CMVs equipped with Samsaras AI Dash Cam device mounted in approximately the top center of the windshield and such that the bottom edge of the AI Dash Cam device is approximately 8 inches below the upper edge of the area swept by the windshield wipers, outside of the drivers normal sight lines to the road
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ahead, highway signs and signals, and all mirrors.
On November 24, 2020 85 FR 75106, FMCSA granted J.J. Keller & Associates, Inc. a 5-year exemption from 49 CFR
393.60e1 on behalf of motor carriers operating CMVs equipped with J. J.
Kellers ADAS camera mounted in approximately the top center 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 drivers normal sight lines to the road ahead, highway signs and signals.
On December 18, 2020 85 FR 82575, FMCSA granted Netradyne Inc. a 5-year exemption from 49 CFR 393.60e1 on behalf of motor carriers operating CMVs utilizing the Netradyne Driveri Dash Cam which is mounted near the top 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, and outside the drivers sight lines to the road and highway signs and signals.
B. Petition for Rulemaking On March 10, 2019, DTNA petitioned the Agency to initiate a rulemaking to amend 49 CFR 393.60, Parts and Accessories Necessary for Safe Operation, Glazing in Specified Openings. 1 DTNA sought a revision to 49 CFR 393.60eliiA to allow safety-enhancing technologies to be placed on the interior of the windshield within 8.5 inches below the upper edge of the area swept by the windshield wipers, which would make permanent the exemption the Agency granted DTNA in 2018. The petition also asked FMCSA to expand the definition of vehicle safety technology, found at 393.5, to include additional items of equipment that are intended to promote driver, occupant, and roadway safety.
These items included braking warning systems, braking assist systems, automatic emergency braking, driver camera system, attention assist warning, and traffic sign recognition.
VI. Discussion of Proposed Rulemaking FMCSA proposes to amend 393.60e to allow certain additional vehicle safety technologies to be mounted on the interior of the windshield of a CMV, within a defined portion of the swept area of the windshield. FMCSA is proposing to modify the definition of vehicle safety technology in 393.5 of the FMCSRs, to 1 The petition is available at https
www.fmcsa.dot.gov/regulations/petitions-0.

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add technologies that had been granted temporary exemptions from 393.60e since the 2016 final rule. Consistent with the terms and conditions outlined in the various temporary exemptions currently in effect, FMCSA proposes to require devices that must be mounted within the area swept by the windshield wipers to be located 1 not more than 216 mm 8.5 inches below the upper edge, and 2 not more than 175 mm 7
inches above the lower edge of the swept area. Additionally, and consistent with the existing regulation and the terms and conditions of the temporary exemptions, the devices would have to be located outside the drivers sight lines to the road and highway signs and signals.
Similar to the 2016 amendments to 393.60, this NPRM proposes to update the FMCSRs in response to the development and proliferation of devices that utilize new and innovative vehicle safety technologies that did not exist at the time the previous requirements were adopted. If finalized, this NPRM rule would add GPS to the list of vehicle safety technologies even though the GPS display does not require a clear forward-facing visual field through the windshield. As discussed in the Traditional Trucking Corporation temporary exemption, GPS devices cannot be mounted to the face of the CMVs control panel as that area is covered with controls and displays necessary for the operation of the CMV.
The GPS device can be located on top of the dash, which in many cases leaves the GPS in the same visual field as if the GPS were located on the windshield in the lower allowable area. Mounting the GPS lower on the dash would take the drivers eyes farther from the road. The size of GPS display units is approximately the same size as the currently allowed vehicle safety technologies in the drivers visual field.
These devices/technologies have been proven to improve safety and vehicle operations.
The first temporary exemption from 393.60e1 was granted in March 2009, and FMCSA has over 12 years of real-world experience overseeing motor carriers operating CMVs using devices mounted on the interior of the windshield and marginally within the area swept by the windshield wipers.
FMCSA is unaware of any crashes during that time attributed to the location of such devices.
To assist in development of the proposed regulatory revisions, the Agency specifically requests responses to the following questions:
1. Does the definition of vehicle safety technology need to be expanded further
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