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15284 Federal Register / Vol. 84, No.

72 / Monday, April 15, 2019 / Notices

any safety analyses that have been regulation. Furthermore, according to under this exemption, the driver must
conducted. The Agency must also Navistar, Mr. Douay is familiar with the be accompanied by a holder of a U.S.
provide an opportunity for public operation of CMVs worldwide. Navistar CDL who is familiar with the routes
comment on the request. requests that the exemption cover the traveled; (5) Navistar must notify
The Agency reviews the safety maximum allowable duration of 5 years. FMCSA in writing within 5 business
analyses and the public comments, and days of any accident, as defined in 49
determines whether granting the IV. Method To Ensure an Equivalent or
CFR 390.5, involving this driver; and (6)
exemption would likely achieve a level Greater Level of Safety Navistar must notify FMCSA in writing
of safety equivalent to, or greater than, FMCSA has previously determined if this driver is convicted of a
the level that would be achieved by the that the process for obtaining a German disqualifying offense under § 383.51 or
current regulation (49 CFR 381.305). commercial license is comparable to, or § 391.15 of the FMCSRs.
The decision of the Agency must be as effective as, the requirements of part In accordance with 49 U.S.C. 31315
published in the Federal Register (49 383, and adequately assesses the and 31136(e), the exemption will be
CFR 381.315(b)) with the reason for the driver’s ability to operate CMVs in the valid for 5 years unless revoked earlier
grant or denial, and, if granted, the U.S. Since 2012, FMCSA has granted by the FMCSA. The exemption will be
specific person or class of persons Daimler drivers similar exemptions revoked if: (1) Mr. Douay fails to comply
receiving the exemption, and the [May 25, 2012 (77 FR 31422); July 22, with the terms and conditions of the
regulatory provision or provisions from 2014 (79 FR 42626); March 27, 2015 (80 exemption; (2) the exemption results in
which exemption is granted. The notice FR 16511); October 5, 2015 (80 FR a lower level of safety than was
must also specify the effective period of 60220); July 12, 2016 (81 FR 45217); maintained before it was granted; or (3)
the exemption (up to 5 years), and July 25, 2016 (81 FR 48496); August 17, continuation of the exemption would be
explain the terms and conditions of the 2017 (82 FR 39151)]. inconsistent with the goals and
exemption. The exemption may be objectives of 49 U.S.C. 31315 and 31136.
renewed (49 CFR 381.300(b)). V. Public Comments
On December 18, 2018, FMCSA VIII. Preemption
Request for Exemption published notice of this application and In accordance with 49 U.S.C.
Navistar has applied for an exemption requested public comments (83 FR 31315(d), as implemented by 49 CFR
for Jerome Douay from 49 CFR 383.23, 64930). One comment was submitted. 381.600, during the period this
which prescribes licensing requirements Mr. Michael Millard wrote, in part, ‘‘If exemption is in effect, no State shall
for drivers operating CMVs in interstate the FMCSA approves the application to enforce any law or regulation applicable
or intrastate commerce. Mr. Douay is allow the German engineer to operate in to interstate or intrastate commerce that
unable to obtain a CDL in any of the the US utilizing the European CDL then conflicts with or is inconsistent with
U.S. States due to his lack of residency the FMCSA should set provisions in the this exemption with respect to a firm or
in the United States. A copy of the exemption outlining the driver must person operating under the exemption.
application is in Docket No. FMCSA– possess a valid medical certificate per Issued on: April 8, 2019.
2018–0347. Part 391, be tested for controlled Raymond P. Martinez,
The exemption would allow Mr. substance and alcohol per Part 382 and
Douay to operate CMVs in interstate or Administrator.
fully understand Parts 392 through [FR Doc. 2019–07434 Filed 4–12–19; 8:45 am]
intrastate commerce to support Navistar 397.’’
field tests designed to meet future BILLING CODE 4910–EX–P
vehicle safety and environmental VI. FMCSA Decision
requirements and to promote Based upon the merits of this
technological advancements in vehicle DEPARTMENT OF TRANSPORTATION
application, including Mr. Douay’s
safety systems and emissions extensive driving experience and safety Federal Motor Carrier Safety
reductions. Mr. Douay needs to drive record, FMCSA has concluded that the Administration
Navistar vehicles on public roads to exemption would likely achieve a level
better understand ‘‘real world’’ of safety that is equivalent to or greater [Docket No. FMCSA–2018–0321]
environments in the U.S. market. than the level that would be achieved
According to Navistar, Mr. Douay will Parts and Accessories Necessary for
absent such exemption, in accordance
typically drive for no more than 6 hours Safe Operation; SmartDrive Systems,
with § 381.305(a).
per day for 2 consecutive days, 50 Inc.
percent of the test driving will be on VII. Terms and Conditions for the
Exemption AGENCY: Federal Motor Carrier Safety
two-lane State highways, and 50 percent Administration (FMCSA), DOT.
will be on Interstate highways. The FMCSA grants Navistar and Jerome ACTION: Notice of final disposition.
driving will consist of no more than 250 Douay an exemption from the CDL
miles per day, for a total of 500 miles requirement in 49 CFR 383.23 to allow SUMMARY: The Federal Motor Carrier
during a two-day period on a quarterly Mr. Douay to drive CMVs in this Safety Administration (FMCSA)
basis. He will in all cases be country without a State-issued CDL, announces its decision to grant
accompanied by a holder of a U.S. CDL subject to the following terms and SmartDrive System, Inc.’s (SmartDrive)
who is familiar with the routes to be conditions: (1) The driver and carrier application for a limited 5-year
traveled. must comply with all other applicable exemption from 49 CFR 393.60(e)(1) to
Mr. Douay holds a valid German provisions of the FMCSRs (49 CFR parts allow an Advanced Driver Assistance
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commercial license, and as explained by 350–399); (2) the driver must be in Systems (ADAS) camera to be mounted
Navistar in its exemption request, the possession of the exemption document lower in the windshield than is
requirements for that license ensure and a valid German commercial license; currently permitted. The Agency has
that, operating under the exemption, he (3) the driver must be employed by and determined that the placement of the
would likely achieve a level of safety operate the CMV within the scope of his SmartDrive ADAS camera lower in the
equivalent to, or greater than, the level duties for Navistar or its partner MAN; windshield area would not have an
that would be achieved by the current (4) at all times while operating a CMV adverse impact on safety, and that

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Federal Register / Vol. 84, No. 72 / Monday, April 15, 2019 / Notices 15285

adherence to the terms and conditions SmartDrive’s Application for SmartDrive has piloted the ADAS camera
of the exemption would likely achieve Exemption and functionality and found that all drivers
a level of safety equivalent to or greater and passengers agreed that there was no
SmartDrive applied for an exemption noticeable obstruction to the normal sight
than the level of safety provided by the from 49 CFR 393.60(e)(1) to allow an lines to the road ahead, highway signs,
regulation. ADAS camera to be mounted lower in signals or any mirrors.
DATES: This exemption is effective April the windshield than is currently The exemption would apply to all
15, 2019 and ending April 15, 2024. permitted. A copy of the application is CMV operators utilizing SmartDrive
FOR FURTHER INFORMATION CONTACT: Mr. included in the docket referenced at the ADAS camera systems. SmartDrive
Luke Loy, Vehicle and Roadside beginning of this notice. believes that the installation of the
Operations Division, Office of Carrier, Section 393.60(e)(1)(i) of the FMCSRs ADAS systems camera within 8 inches
Driver, and Vehicle Safety, MC–PSV, prohibits the obstruction of the driver’s below the upper edge of the area swept
(202) 366–0676, Federal Motor Carrier field of view by devices mounted on the by the windshield wipers will maintain
Safety Administration, 1200 New Jersey interior of the windshield. Antennas a level of safety that is equivalent to, or
Avenue SE, Washington, DC 20590– and similar devices must not be greater than, the level of safety achieved
0001. mounted more than 152 mm (6 inches) without the exemption.
below the upper edge of the windshield,
Docket: For access to the docket to Comments
and outside the driver’s sight lines to
read background documents or
the road and highway signs and signals. FMCSA published a notice of the
comments submitted to notice
Section 393.60(e)(1)(i) does not apply to application in the Federal Register on
requesting public comments on the
vehicle safety technologies, as defined November 27, 2018, and asked for
exemption application, go to
in 390.5, including ‘‘a fleet-related public comment (83 FR 60942). The
www.regulations.gov at any time or visit
incident management system, Agency received comments from the
Room W12–140 on the ground level of
performance or behavior management National Tank Truck Carriers, Inc.
the West Building, 1200 New Jersey
system, speed management system, (NTTC) and three individuals.
Avenue SE, Washington, DC, between 9
forward collision warning or mitigations NTTC supports granting the
a.m. and 5 p.m., ET, Monday through
system, active cruise control system, application to allow the use of the
Friday, except Federal holidays. The on-
and transponder.’’ Section SmartDrive ADAS system camera,
line Federal document management
393.60(e)(1)(ii) requires devices with stating that SmartDrive’ s application
system is available 24 hours each day,
safety technologies to be mounted (1) ‘‘falls within the spirit, if not the letter’’
365 days each year. The docket number
not more than 100 mm (4 inches) below of the mandate in Section 5301 of the
is listed at the beginning of this notice.
the upper edge of the area swept by the Fixing America’s Surface Transportation
SUPPLEMENTARY INFORMATION: windshield wipers; or (2) not more than (FAST) Act that directed FMCSA to
Background 175 mm (7 inches) above the lower edge amend the FMCSRs to permit certain
of the area swept by the windshield ‘‘vehicle safety technologies’’ to be
FMCSA has authority under 49 U.S.C. wipers; and (3) outside the driver’s sight mounted within the swept area of the
31136(e) and 31315 to grant exemptions lines to the road and highway signs and windshield wipers. NTTC stated that
from certain parts of the Federal Motor signals. ‘‘Windshield-mounted cameras provide
Carrier Safety Regulations (FMCSR). In its application, SmartDrive stated: well-documented safety benefits.
FMCSA must publish a notice of each SmartDrive is making this request so that FMCSA has granted applications for
exemption request in the Federal it becomes possible to introduce Advanced similar products before and has been
Register (49 CFR 381.315(a)). The Driver Assistance Systems (ADAS) to our directed to support this life-saving
Agency must provide the public an current vehicle safety platform. These new technology. SmartDrive has developed a
opportunity to inspect the information ADAS capabilities include forward collision product that does not fit within
relevant to the application, including warnings, short following distance warnings,
lane detection and departure warnings, and
FMCSA’s pre-approved location on the
any safety analyses that have been windshield but does allow the driver an
conducted. The Agency must also active monitoring with real-time driver
feedback. unobstructed view of the road, signs,
provide an opportunity for public This system operates like any other similar signals, and mirrors. There is clearly no
comment on the request. systems for which FMCSA has granted safety risk.’’
The Agency reviews safety analyses exemptions. ADAS requires that a camera be Two individuals also supported
and public comments submitted, and mounted to the upper center area of the granting the application. One stated that
determines whether granting the windshield in an area where the windshield ‘‘As long as the devices do not block the
exemption would likely achieve a level is swept by the windshield wipers to provide driver’s view, past (above) the outer
of safety equivalent to, or greater than, a clear view to the lane markings on the road edge of the hood, they should not be a
and other objects in front of the vehicle.
the level that would be achieved by the problem.’’ The other stated that ‘‘For
This exemption will accommodate the
current regulation (49 CFR 381.305). ADAS camera and housing which is an over 12 years SmartDrive has modeled
The decision of the Agency must be integral part of our next-generation a commitment to safety and a record of
published in the Federal Register (49 comprehensive vehicle safety system. The advancing technologies for the public
CFR 381.315(b)) with the reasons for camera housing is approximately 3.71 inches good. In designing one of the smallest
denying or granting the application and, wide by 5.2 inches tall and will be mounted center-mounted ADAS cameras on the
if granted, the name of the person or in the approximate center of the windshield market, SmartDrive follows on similar
class of persons receiving the with the bottom edge of the camera housing systems for which FMCSA has granted
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exemption, and the regulatory provision approximately 8 inches below the upper edge exemptions and achieves the accuracy
from which the exemption is granted. of the area swept by the windshield wipers.
The camera is mounted outside of the
needed for a sophisticated computer
The notice must also specify the driver[’]s and passenger’s normal sight lines vision camera along with the line of
effective period and explain the terms to the road ahead, signs, signals, and mirrors. sight versatility required in today’s
and conditions of the exemption. The The location will allow for the optimal commercial vehicle fleets.’’
exemption may be renewed (49 CFR functionality of the advanced safety systems One individual opposed the
381.300(b)). supported by the camera. application, citing concerns that drivers

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15286 Federal Register / Vol. 84, No. 72 / Monday, April 15, 2019 / Notices

need ‘‘the entire usable portion of the beginning April 15, 2019 and ending DEPARTMENT OF TRANSPORTATION
windshield in order to have [an] April 15, 2024. During the temporary
unbroken view of the constantly exemption period, motor carriers will be Pipeline and Hazardous Materials
changing emergencies happening in any allowed to operate CMVs equipped with Safety Administration
direction.’’ the SmartDrive ADAS camera system
Hazardous Materials: Notice of Actions
FMCSA Decision mounted in the approximate center of
on Special Permits
the windshield such that the bottom
FMCSA has evaluated the SmartDrive
edge of the camera is not more than 8 AGENCY: Pipeline and Hazardous
exemption application. The ADAS
camera system housing is approximately inches below the upper edge of the Materials Safety Administration
3.7 inches wide by 5.2 inches tall and swept area of the windshield wiper and (PHMSA), DOT.
will be mounted in the approximate outside the driver’s sight lines to all ACTION: Notice of actions on special
center of the windshield. The bottom of mirrors, highway signs, signals, and permit applications.
the camera housing needs to be view of the road ahead. The exemption
mounted approximately 8 inches below will be valid for 5 years unless SUMMARY: In accordance with the
the top of the swept area of the rescinded earlier by FMCSA. The procedures governing the application
windshield wipers to obtain the optimal exemption will be rescinded if: (1) for, and the processing of, special
functionality of the advanced safety Motor carriers and/or commercial motor permits from the Department of
systems supported by the camera. vehicles fail to comply with the terms Transportation’s Hazardous Material
The Agency believes that granting the and conditions of the exemption; (2) the Regulations, notice is hereby given that
temporary exemption to allow the exemption has resulted in a lower level the Office of Hazardous Materials Safety
placement of the ADAS camera system of safety than was maintained before it has received the application described
lower than currently permitted by the herein.
was granted; or (3) continuation of the
Agency’s regulations will likely provide exemption would not be consistent with DATES: Comments must be received on
a level of safety that is equivalent to, or the goals and objectives of 49 U.S.C. or before May 15, 2019.
greater than, the level of safety achieved
31136(e) and 31315(b). ADDRESSES: Record Center, Pipeline and
without the exemption because (1)
based on the technical information Interested parties possessing Hazardous Materials Safety
available, there is no indication that the information that would demonstrate Administration U.S. Department of
ADAS camera system would obstruct that motor carriers operating CMVs Transportation Washington, DC 20590.
drivers’ views of the roadway, highway equipped with the SmartDrive ADAS Comments should refer to the
signs and surrounding traffic; (2) camera system are not achieving the application number and be submitted in
generally, trucks and buses have an requisite statutory level of safety should triplicate. If confirmation of receipt of
elevated seating position that greatly immediately notify FMCSA. The comments is desired, include a self-
improves the forward visual field of the Agency will evaluate any such addressed stamped postcard showing
driver, and any impairment of available the special permit number.
information and, if safety is being
sight lines would be minimal; and (3) compromised or if the continuation of FOR FURTHER INFORMATION CONTACT:
the mounting location of the bottom the exemption is not consistent with 49 Ryan Paquet, Director, Office of
edge of the camera housing U.S.C. 31136(e) and 31315(b), will take Hazardous Materials Approvals and
approximately 8 inches below the top of immediate steps to revoke the Permits Division, Pipeline and
the area swept by the windshield wipers Hazardous Materials Safety
exemption.
and out of the driver’s normal sightline Administration, U.S. Department of
will be reasonable and enforceable at Preemption Transportation, East Building, PHH–30,
roadside. In addition, the Agency 1200 New Jersey Avenue Southeast,
believes that the use of SmartDrive In accordance with 49 U.S.C. Washington, DC 20590–0001, (202) 366–
ADAS system cameras by fleets is likely 31313(d), as implemented by 49 CFR 4535.
to improve the overall level of safety to 381.600, during the period this SUPPLEMENTARY INFORMATION: Copies of
the motoring public. exemption is in effect, no State shall the applications are available for
This action is consistent with enforce any law or regulation applicable inspection in the Records Center, East
previous Agency action permitting the to interstate commerce that conflicts Building, PHH–30, 1200 New Jersey
placement of similarly-sized devices on with or is inconsistent with this Avenue Southeast, Washington, DC or at
CMVs outside the driver’s sight lines to exemption with respect to a firm or http://regulations.gov.
the road and highway signs and signals. person operating under the exemption. This notice of receipt of applications
FMCSA is not aware of any evidence States may, but are not required to, for special permit is published in
showing that the installation of other adopt the same exemption with respect accordance with part 107 of the Federal
vehicle safety technologies mounted on to operations in intrastate commerce. hazardous materials transportation law
the interior of the windshield has
Issued on: April 8, 2019. (49 U.S.C. 5117(b); 49 CFR 1.53(b)).
resulted in any degradation in safety.
Raymond P. Martinez, Issued in Washington, DC, on April 3,
Terms and Conditions for the 2019.
Exemption Administrator.
[FR Doc. 2019–07435 Filed 4–12–19; 8:45 am]
Donald P. Burger,
The Agency hereby grants the Chief, General Approvals and Permits
BILLING CODE 4910–EX–P
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exemption for a 5-year period, Branch.

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