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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Proposed Rules to address other potential technologies and/or multifunction devices such as electronic logging devices that incorporate technologies such as GPS
that either require placement in the approximate middle of the CMV
windshield or would benefit driver safety by not diverting the CMV drivers eyes from the road and would be subject to the positioning requirements of 393.60e1?
2. Would the proposed position of allowable vehicle safety technologies not more than 8.5 inches below the upper and 7 inches above the lower edge of the swept area of the windshield be sufficient for current and developing devices?
VII. Section-by-Section Analysis This section-by-section analysis describes the proposed changes in numerical order.
A. Section 393.5 Definitions The definition for vehicle safety technology would be revised by adding more examples of vehicle safety technologies to those listed in the definition.
B. Section 393.60 Glazing in Specified Openings This section would be revised by replacing 100 mm 4 inches with 216 mm 8.5 inches in paragraph e1iiA. Additionally, a new paragraph e1iiC would be added to read Outside the drivers sight lines to the road and highway signs and signals.

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VIII. Regulatory Analyses A. Executive Order E.O. 12866
Regulatory Planning and Review, E.O.
13563 Improving Regulation and Regulatory Review, and DOT
Regulatory Policies and Procedures FMCSA has considered the impact of this notice of proposed rulemaking under E.O. 12866 58 FR 51735, Oct. 4, 1993, Regulatory Planning and Review, E.O. 13563 76 FR 3821, Jan. 21, 2011, Improving Regulation and Regulatory Review, and DOTs regulatory policies and procedures. OIRA determined that this notice of proposed rulemaking is not a significant regulatory action under section 3f of E.O. 12866, as supplemented by E.O. 13563, and does not require an assessment of potential costs and benefits under section 6a3

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of that Order. Accordingly, OMB has not reviewed it under these Orders.
Additionally, this NPRM supports Executive Order 13859 which states that the policy of the United States Government is to sustain and enhance the scientific, technological, and economic leadership position of the United States in AI artificial intelligence. 2 The deployment of AI
holds the promise to improve efficiency, effectiveness, safety, fairness, welfare, transparency, and other economic and social goals, and Americas continued status as a global leader in AI
development is important to preserving our economic and national security. The importance of developing and deploying AI requires a regulatory approach that fosters innovation and growth and engenders trust, while protecting core American values, through both regulatory and non-regulatory actions and reducing unnecessary barriers to the development and deployment of AI. To support innovation and growth in the technological sector of CMV safety, FMCSA is issuing this NPRM as a response to a rulemaking petition from DTNA.3
Baseline for the Analysis The mounting of devices on the interior of the windshield within the area swept by the windshield wipers is prohibited under 49 CFR 393.60e, unless they are vehicle safety technologies. FMCSA has authority under 49 U.S.C. 31315b to grant exemptions from certain parts of the FMCSRs. FMCSA must publish a notice of each exemption request in the Federal Register 49 CFR 381.315a.
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. FMCSA notes that the burden associated with preparing an exemption request is not included in a currently approved information collection request ICR, and is pursuing completion of that ICR
outside of this rulemaking.
2 See Exec. Order No. 13,859, section 1, 84 FR
3967
3 https www.fmcsa.dot.gov/regulations/
petitions-0.

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As originally enacted, 49 U.S.C.
31315b allowed an exemption from a regulation and a renewal for no longer than 2 years from its approval date.
Section 5206a3 of the FAST Act Pub. L. 11494, 129 Stat. 1312, 1534
1535 Dec. 4, 2015 amended section 31315b to allow an exemption to be granted for no longer than 5 years and to be renewed, upon request, for subsequent periods no longer than 5
years. 49 CFR 381.300 b Section 393.60e1i of the FMCSRs prohibits the obstruction of the drivers field of view by devices mounted on the interior 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 outside the drivers sight lines to the road and highway signs and signals.
Section 393.60e1i does not apply to vehicle safety technologies, as defined in 49 CFR 390.5, including a fleetrelated incident management system, performance or behavior management system, speed management system, lane departure warning system, forward collision warning or mitigation system, active cruise control system, and transponder. Section 393.60e1ii 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 outside the drivers sight lines to the road and highway signs and signals.
This NPRM proposes revisions to 49
CFR 393.60 to expand the area where vehicle safety technologies e.g., lane departure warning systems, forward collision warning and mitigation systems utilizing automated emergency braking, enhanced driver performance and behavior management and coaching systems could be installed on the interior of windshields of CMVs. The NPRM, if finalized consistent with the terms proposed, would generate cost savings for both industry and government and is anticipated to achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation.
Table 1 provides a summary of the affected population, costs, cost savings, and benefits of this NPRM.

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