Notice2021-24364
Parts and Accessories Necessary for Safe Operation; Application for an Exemption from ZF Group's Commercial Vehicle Control Systems Division
Primary source
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Published
November 8, 2021
Effective
November 8, 2021
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
The FMCSA announces its decision to grant the application of ZF Group's Commercial Vehicle Control Systems Division (ZF CVCS) for a limited five-year exemption to allow its advanced driver-assistance systems (ADAS) camera 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 ZF CVCS ADAS camera 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.
Full Text
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<title>Federal Register, Volume 86 Issue 213 (Monday, November 8, 2021)</title>
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[Federal Register Volume 86, Number 213 (Monday, November 8, 2021)]
[Notices]
[Pages 61829-61830]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24364]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0124]
Parts and Accessories Necessary for Safe Operation; Application
for an Exemption from ZF Group's Commercial Vehicle Control Systems
Division
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
ZF Group's Commercial Vehicle Control Systems Division (ZF CVCS) for a
limited five-year exemption to allow its advanced driver-assistance
systems (ADAS) camera 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 ZF CVCS ADAS camera 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 November 8, 2021 and ending November
9, 2026.
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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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)).
ZF CVCS's Application for Exemption
ZF CVCS applied for an exemption from 49 CFR 393.60(e)(1) to allow
its ADAS camera 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, ZF CVCS stated that the functionality of its
camera includes the ability to provide Collision Mitigation Systems,
Adaptative Cruise Control, Lane Departure Warning, Lane Keeping Assist,
VRU Collision Mitigation, High Beam Assist, and Traffic Sign
Recognition. ZF CVCS noted that it has virtually evaluated the impact
of camera housings using digital human modeling software, and also
installed a prototype camera housings in several commercial motor and
found no noticeable obstruction to the normal sight lines to the road
ahead, highway signs, signals, or any mirrors.
Currently, ZF CVCS offers two camera system models. The first model
has a housing that is approximately 142 mm (5.6 inches) tall by 138 mm
(5.4 inches) wide. The second model has a housing that is 110 mm (4.30
inches) tall by 118 mm (4.67 inches) wide. The selected camara system
will be mounted in the approximate center of the windshield with the
bottom edge of the technology 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 camera.
Without the proposed exemption, ZF CVCS stated that its clients
would 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 ZF CVCS' ADAS camera mounted on the windshield. ZF CVCS
believes that mounting the ADAS camera system as described will
maintain a level of safety that is equivalent to, or greater than, the
level of safety achieved without the exemption.
[[Page 61830]]
Comments
FMCSA published a notice of the application in the Federal Register
on August 12, 2021 and asked for public comment (86 FR 44467). The
Agency received no comments.
FMCSA Decision
FMCSA has evaluated the ZF CVCS exemption application. The ADAS
camera system housing for both models are approximately 4.30 and 5.6
inches tall and are mounted near the top of the center of the
windshield, with the bottom of the technology 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 desired functionality and
the relative size of the device 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 section 393.60(e)(1)(ii)(A).
The Agency believes that allowing placement of the ADAS camera
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 ADAS camera
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 ADAS
camera 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 ADAS camera
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 November 8, 2021 and ending November 9, 2026. During the
temporary exemption period, motor carriers are allowed to operate CMVs
equipped with ZF CVCS' ADAS camera 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 ZF CVCS' ADAS camera
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. 2021-24364 Filed 11-5-21; 8:45 am]
BILLING CODE 4910-EX-P
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</html>Indexed from Federal Register on November 8, 2021.
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