Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Mobileye, Inc.

Larry W. Minor
Federal Motor Carrier Safety Administration
July 2, 2014

[Federal Register Volume 79, Number 127 (Wednesday, July 2, 2014)]
[Notices]
[Pages 37841-37842]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15577]



[[Page 37841]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0386]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Mobileye, Inc.

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
requests public comment on an application for exemption from Mobileye, 
Inc. (Mobileye) to allow interstate motor carrier to install Mobileye's 
camera-based collision avoidance system (CAS) system at either the 
bottom or top of the windshield, within the swept area of the 
windshield wipers. FMCSA's current regulations require that antennae, 
transponders, and similar devices to be located not more than 6 inches 
below the upper edge of the windshield, outside the area swept by the 
windshield wipers, and outside the driver's sight lines to the road and 
highway signs and signals. Mobileye intends to install these devices as 
part of a CAS development program in up to several hundred thousand 
commercial motor vehicles. Mobileye believes this mounting position 
will maintain a level of safety that is equivalent to or greater than 
the level of safety achieved without the exemption.

DATES: Comments must be received on or before August 1, 2014.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2014-0037 by any of the following 
methods:
     Web site: http://www.regulations.gov. Follow the 
instructions for submitting comments on the Federal electronic docket 
site. Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington, 
DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. 
e.t., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number for this notice. For detailed instructions on submitting 
comments and additional information on the exemption process, see the 
``Public Participation'' heading below. Note that all comments received 
will be posted without change to http://www.regulations.gov, including 
any personal information provided. Please see the ``Privacy Act'' 
heading for further information.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov or to Room W12-140, 
DOT Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19476) or you may visit http://www.regulations.gov.
    Public participation: The http://www.regulations.gov Web site is 
generally available 24 hours each day, 365 days each year. You can get 
electronic submission and retrieval help and guidelines under the 
``help'' section of the http://www.regulations.gov Web site and also at 
the DOT's http://docketsinfo.dot.gov Web site. If you want to be 
notified you that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Brian J. Routhier, Vehicle and 
Roadside Operations Division, Office of Carrier, Driver, and Vehicle 
Safety, MC-PSV, (202) 366-1225, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century 
(TEA-21) [Pub. L. 105-178, June 9, 1998, 112 Stat. 107, 401] amended 49 
U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from 
the FMCSRs. On August 20, 2004, FMCSA published a final rule 
implementing section 4007 (69 FR 51589). Under this rule, FMCSA must 
publish a notice of each exemption request in the Federal Register (49 
CFR 381.315(a)). The Agency must provide the public with 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 the safety analyses and the public comments 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 compliance with the current regulation (49 CFR 381.305). 
The decision of the Agency must be published in the Federal Register 
(49 CFR 381.315(b)). If the Agency denies the request, it must state 
the reason for doing so. If the decision is to grant the exemption, the 
notice must specify the person or class of persons receiving the 
exemption and the regulatory provision or provisions from which an 
exemption is granted. The notice must also specify the effective period 
of the exemption (up to 2 years) and explain the terms and conditions 
of the exemption. The exemption may be renewed [49 CFR 381.315(c) and 
49 CFR 381.300(b)].

Mobileye's Application for Exemption

    Mobileye applied for an exemption from 49 CFR 393.60(e)(1) to allow 
the installation of a CAS system on several thousand commercial motor 
vehicles. A copy of the application is included in the docket 
referenced at the beginning of this notice.
    Section 393.60(e)(1) of the FMCSRs prohibits the obstruction of the 
driver's field of view by devices mounted at the top of the windshield. 
Antennas, transponders and similar devices must not be mounted more 
than 152 mm (6 inches) below the upper edge of the windshield. These 
devices must be located outside the area swept by the windshield wipers 
and outside the driver's sight lines to the road and highway signs and 
signals. In its application, Mobileye stated:

    Mobileye is making this request because we are coordinating 
device development and installation of a camera based collision 
avoidance system in up to several hundred thousand commercial motor 
vehicles. The camera based sensor equipment to be installed is going 
to be located at either the bottom or top of the windshield, but 
will be in the swept area of the windshield wipers because the 
safety equipment must have a clear forward facing view of the road.
    This system is the same technology that Mobileye provides to 
carmakers such as Ford, GM, Honda and many others. These companies 
have deployed over two million vehicles with this technology. 
Collision avoidance systems, in particular those that have the main 
features of Mobileye, have been noted by NHTSA, NTSB and FMCSA as 
key safety equipment in both cars and trucks.

[[Page 37842]]

Recently, the NTSB cited this type of collision avoidance system as 
part of its top ten ``most wanted'' advocacy priorities. FMCSA 
itself has recommended Forward Collision Warning and Lane Departure 
Warning, just two of Mobileye features. Mobileye seeks exemption for 
the aftermarket (field retrofitable) version of this technology.
    With the exemption, Mobileye will be able to install the camera 
based collision avoidance system in a location which will offer the 
best opportunity to optimize the data and evaluate the benefits of 
such a system as well as maximize safety benefits.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests 
public comment from all interested persons on Mobileye's application 
for an exemption from 49 CFR 393.60(e)(1). All comments received before 
the close of business on the comment closing date indicated at the 
beginning of this notice will be considered and will be available for 
examination in the docket at the location listed under the ADDRESSES 
section of this notice. Comments received after the comment closing 
date will be filed in the public docket and will be considered to the 
extent practicable. In addition to late comments, FMCSA will also 
continue to file, in the public docket, relevant information that 
becomes available after the comment closing date. Interested persons 
should continue to examine the public docket for new material.

    Dated: June 25, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-15577 Filed 7-1-14; 8:45 am]
BILLING CODE 4910-EX-P