Parts and Accessories Necessary for Safe Operation; Mobileye, Inc., Application for an Exemption |
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Topics: Mobileye
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T.F. Scott Darling III
Federal Motor Carrier Safety Administration
March 18, 2015
[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Notices]
[Pages 14222-14223]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06180]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0037]
Parts and Accessories Necessary for Safe Operation; Mobileye,
Inc., Application for an Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant Mobileye, Inc.'s (Mobileye) exemption
application to enable motor carriers to utilize its camera-based
collision avoidance systems (CAS) mounted within the swept area of the
windshield wipers. The Federal Motor Carrier Safety Regulations
(FMCSRs) currently require antennas, transponders, and similar devices
to be located outside the area swept by the windshield wipers. The
Mobileye CAS is able to warn drivers of potential hazards by detecting
other vehicles, pedestrians and cyclists on the road, and lane markings
and traffic signs. The Agency believes the use of the CAS promotes
improved safety performance and that the placement of the system in the
swept area of the windshield wipers will not obstruct drivers' view of
the roadway and potential hazards. The Agency has concluded that the
limited 2-year exemption will achieve a level of safety equivalent to
or greater than the level of safety provided by the rule restricting
the placement of devices in the windshield area.
DATES: This exemption is effective March 18, 2015 and ending March 20,
2017.
FOR FURTHER INFORMATION CONTACT: Mr. Mike Huntley, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-5370, 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 www.regulations.gov 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. The on-line Federal document
management system is available 24 hours each day, 365 days each 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. 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 and explain
the terms and conditions of the exemption. The exemption may be renewed
(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. 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.
FMCSA published a notice of the application in the Federal Register
on July 2, 2014, and asked for public comment (79 FR 37841).
Comments
In response to its notice requesting public comment, the Agency
received one comment from the American Trucking Associations (ATA). The
ATA stated that it ``strongly supports'' granting the exemption to
allow use of the Mobileye CAS in commercial motor vehicles. The ATA
noted that ``Safety technology companies have been working with many
ATA members to help reduce carrier crash involvement rates using their
technologies. As a result, many of our member companies have seen
significant decreases in the number of at-fault collisions and near
misses.''
FMCSA Decision
The FMCSA has evaluated the Mobileye exemption application. The
Agency believes that granting the temporary exemption to allow
placement of the Mobileye CAS system sensor in the upper or lower
portion of the windshield, within the swept area of the windshield
wipers, will 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 technical information available, there is no
indication that the CAS sensor would obstruct drivers' views of the
roadway, highway signs and surrounding traffic; (2) generally,
[[Page 14223]]
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 location within the
top or bottom four inches of the area swept by the windshield wiper and
out of the driver's normal sightline will be reasonable and enforceable
at roadside. In addition, the Agency believes that the use of the
Mobileye CAS by fleets is likely to improve the overall level of safety
to the motoring public.
This action is consistent with previous Agency actions permitting
the similar placement of video event recorders on CMVs, within the
swept area of the windshield wipers. FMCSA has granted temporary
exemptions to Greyhound Lines, Inc. and to DriveCam, Inc. regarding the
use of the video event recorders to increase safety through (1)
identification and remediation of risky driving behaviors such as
distracted driving and drowsiness, (2) enhanced monitoring of passenger
behavior on CMVs in passenger service, and (3) enhanced collision
review and analysis. Both of these exemptions have been renewed for two
additional 2-year periods, as FMCSA is not aware of any evidence
showing that the installation of the devices in the upper area of the
windshield has resulted in any degradation in safety. The Agency has
not received any feedback from interested parties suggesting that use
of safety devices/technology in the windshield area have had an adverse
impact on safety.
This action is also consistent with previous Agency actions
permitting the similar placement of lane departure warning system
sensors on CMVs, within the swept area of the windshield wipers. FMCSA
initially granted temporary exemptions to Con-way Freight, TK Holdings,
Inc., and Iteris, Inc. regarding the use of lane departure warning
systems to increase safety by alerting drivers who unintentionally
drift out of their lane of travel. The Agency renewed the exemptions
for an additional 2-year period, and while the original exemptions
granted relief to motor carriers using only the Takata and Iteris lane
departure warning systems, the Agency determined--given that it has not
been made aware of any reduction in the level of safety associated with
the use of those systems--that it was appropriate to extend the scope
of the exemption to encompass motor carriers using any lane departure
warning system, provided that such sensors (1) are the same size or
smaller than the Takata and Iteris (now Bendix) sensors, and (2)
mounted in the windshield in accordance with the provisions of the
original exemption.
FMCSA continues to believe that the potential safety gains from the
use of video event recorders and lane departure waning systems to
improve driver behavior and performance will improve the overall level
of safety to the motoring public. The Agency believes the same is true
regarding the use of the Mobileye CAS.
Terms and Conditions for the Exemption
The Agency hereby grants the exemption for a two-year period,
beginning March 18, 2015 and ending March 20, 2017. During the
temporary exemption period, motor carriers using the Mobileye CAS must
ensure that the sensor is mounted not more than 100 mm (4 inches) below
the upper edge, or above the lower edge, of the area swept by the
windshield wipers, and outside the driver's sight lines to the road and
highway signs and signals. The exemption will be valid for two 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 using the Mobileye CAS 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 the 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
During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with or is inconsistent
with this exemption with respect to a person operating under the
exemption.
Issued on: March 12, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015-06180 Filed 3-17-15; 8:45 am]
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