Parts and Accessories Necessary for Safe Operation; Authorized Windshield Area for the Installation of Vehicle Safety Technology

CourtFederal Motor Carrier Safety Administration
Record Number2022-03996
Published date07 March 2022
Federal Register, Volume 87 Issue 44 (Monday, March 7, 2022)
[Federal Register Volume 87, Number 44 (Monday, March 7, 2022)]
                [Rules and Regulations]
                [Pages 12596-12604]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2022-03996]
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                DEPARTMENT OF TRANSPORTATION
                Federal Motor Carrier Safety Administration
                49 CFR Part 393
                [Docket No. FMCSA-2021-0037]
                RIN 2126-AC42
                Parts and Accessories Necessary for Safe Operation; Authorized
                Windshield Area for the Installation of Vehicle Safety Technology
                AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
                of Transportation (DOT).
                ACTION: Final rule.
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                SUMMARY: FMCSA amends the Federal Motor Carrier Safety Regulations
                (FMCSRs) to increase the area on the interior of commercial motor
                vehicle (CMV) windshields where certain vehicle safety technology
                devices may be mounted. In addition, FMCSA adds items to the definition
                of vehicle safety technology. This final rule responds to a rulemaking
                petition from Daimler Trucks North America (DTNA).
                DATES: Effective May 6, 2022.
                FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside
                Operations Division, Office of Policy, Federal Motor Carrier Safety
                Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001;
                (202) 366-0676; [email protected]. If you have questions on viewing or
                submitting material to the docket, call Dockets Operations at (202)
                366-9826.
                SUPPLEMENTARY INFORMATION: FMCSA organizes this final rule as follows:
                I. Availability of Rulemaking Documents
                II. Executive Summary
                 A. Purpose and Summary of the Regulatory Action
                 B. Costs and Benefits
                III. Abbreviations
                IV. Legal Basis
                V. Discussion of Proposed Rulemaking
                VI. Changes From the NPRM
                VII. Section-by-Section Analysis
                VII. Regulatory Analyses
                 A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563
                (Improving Regulation and Regulatory Review), and DOT Regulatory
                Policies and Procedures
                 B. Congressional Review Act
                 C. Regulatory Flexibility Act (Small Entities)
                 D. Assistance for Small Entities
                 E. Unfunded Mandates Reform Act of 1995
                 F. Paperwork Reduction Act (Collection of Information)
                 G. E.O. 13132 (Federalism)
                 H. Privacy
                 I. E.O. 13175 (Indian Tribal Governments)
                 J. National Environmental Policy Act of 1969
                I. Availability of Rulemaking Documents
                 To view any documents mentioned as being available in the docket,
                go to https://www.regulations.gov/docket/FMCSA-2021-0037/document and
                choose the document to review. To view comments, click this final rule,
                then click ``Browse Comments.'' If you do not have access to the
                internet, you may view the docket online by visiting Dockets Operations
                at U.S. Department of Transportation, Room W12-140, 1200 New Jersey
                Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., 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
                Dockets Operations.
                II. Executive Summary
                A. Purpose and Summary of the Regulatory Action
                 Section 393.60(e)(1)(i) of the FMCSRs prohibits obstruction of the
                driver's field of view by devices mounted at the top 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 must be outside the
                driver's sight lines to the road and highway signs and signals.
                 Section 393.60(e)(1)(i) does not apply to vehicle safety
                technologies, as defined in Sec. 393.5, that include ``a fleet-related
                incident management system, performance or behavior management system,
                speed management system, forward collision warning or mitigation
                system, active cruise control system, and transponder.'' Section
                393.60(e)(1)(ii) 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 (3) outside the driver's sight lines to the road and
                highway signs and signals.
                 The Agency modifies Sec. 393.60(e)(1)(ii) to increase from 100 mm
                (4 inches) to 216 mm (8.5 inches) the distance below the upper edge of
                the area swept by the windshield wipers within which vehicle safety
                technologies may be mounted. The Agency also amends Sec. 393.5 by
                revising the definition of vehicle safety technology to add
                technologies that had been granted temporary exemptions from Sec.
                393.60(e). The amendments do not impose new or more stringent
                requirements, but simply codify the temporary exemptions granted
                pursuant to 49 CFR part 381 that allow the use of the devices/
                technologies in locations that would previously have been a violation
                of Sec. 393.60(e)(1). More importantly, the amendments do not mandate
                the use of any devices/technologies, but simply permit their voluntary
                use while mounted in a location that maximizes their effectiveness
                without impairing operational safety.
                B. Costs and Benefits
                 The Agency expects that the final rule will generate cost savings
                for both industry and the Federal Government by reducing the overall
                time burden associated with the exemption request and approval process
                associated with 49 U.S.C. 31315(b) and the implementing regulations
                under 49 CFR part 381. The Agency estimates this final rule will result
                in total annualized cost savings of $10,903 at 3 percent and 7 percent
                discount rates, respectively.
                III. Abbreviations
                ANPRM Advance Notice of Proposed Rulemaking
                BLS U.S. Bureau of Labor Statistics
                CE Categorical Exclusion
                CIB Crash Imminent Braking
                CMV Commercial Motor Vehicle
                DOT Department of Transportation
                DBS Dynamic Brake Support
                DTNA Daimler Trucks North America
                ECEC Employer Costs for Employee Compensation
                ELD Electronic Logging Devices
                E.O. Executive Order
                FAST Act Fixing America's Surface Transportation Act
                FMCSA Federal Motor Carrier Safety Administration
                FMCSRs Federal Motor Carrier Safety Regulations
                [[Page 12597]]
                FR Federal Register
                GS General Schedule
                GPS Global Positioning System
                NEPA National Environmental Policy Act of 1969
                NPRM Notice of Proposed Rulemaking
                OMB Office of Management and Budget
                PIA Privacy Impact Assessment
                PII Personally Identifiable Information
                Secretary Secretary of Transportation
                U.S.C. United States Code
                IV. Legal Basis for the Rulemaking
                 This final rule is based on the authority of the Motor Carrier Act,
                1935 (1935 Act), the Motor Carrier Safety Act of 1984 (1984 Act), and
                the Fixing America's Surface Transportation (FAST) Act.
                 The 1935 Act, as amended, provides that ``[t]he Secretary of
                Transportation may prescribe requirements for--(1) qualifications and
                maximum hours of service of employees of, and safety of operation and
                equipment of, a motor carrier; and (2) qualifications and maximum
                hours-of-service of employees of, and standards of equipment of, a
                motor private carrier, when needed to promote safety of operation.''
                (49 U.S.C. 31502(b)).
                 The 1984 Act provides concurrent authority to regulate drivers,
                motor carriers, and vehicle equipment. It requires the Secretary to
                ``prescribe regulations on commercial motor vehicle safety. The
                regulations shall prescribe minimum safety standards for commercial
                motor vehicles. At a minimum, the regulations shall ensure that--(1)
                commercial motor vehicles are maintained, equipped, loaded, and
                operated safely; (2) the responsibilities imposed on operators of
                commercial motor vehicles do not impair their ability to operate the
                vehicles safely; (3) the physical condition of operators of commercial
                motor vehicles is adequate to enable them to operate vehicles safely .
                . . ; (4) the operation of commercial motor vehicles does not have a
                deleterious effect on the physical condition of the operators; and (5)
                an operator of a commercial motor vehicle is not coerced by a motor
                carrier, shipper, receiver, or transportation intermediary to operate a
                commercial motor vehicle in violation of a regulation promulgated under
                this section, or chapter 51 or chapter 313 of this title.'' (49 U.S.C.
                31136(a)).
                 Section 5301 of the FAST Act directs FMCSA to exempt voluntary
                mounting of a vehicle safety technology on a windshield if that
                technology is likely to achieve a level of safety that is equivalent to
                or greater than the level of safety that would be achieved without the
                exemption (Pub. L. 114-94, 129 Stat. 1312, 1543, Dec. 4, 2015). Section
                5301(c) also specifies that any regulatory exemption for windshield-
                mounted technologies in effect on the date of enactment of the FAST Act
                ``shall be considered likely to achieve a level of safety that is
                equivalent to or greater than the level of safety that would be
                achieved absent an exemption. . . .''
                 This final rule is based in part on the 1935 Act, which allows the
                Agency to regulate the ``safety of operation and equipment'' of a motor
                carrier and the ``standards of equipment'' of a motor private carrier.
                The requirements of 49 U.S.C. 31136(a)(1), (2), and (4) of the 1984 Act
                are also applicable to this rulemaking action. The Agency amends 49 CFR
                part 393 to allow certain safety equipment to be mounted within the
                area of the windshield swept by the windshield wipers. The Agency
                believes that these changes will be welcomed by motor carriers and
                drivers alike and that coercion to violate these revised provisions,
                which is prohibited by Sec. 31136(a)(5), will not be an issue. The
                final rule does not involve the physical condition of drivers under
                Sec. 31136(a)(3).
                 This final rule rests in part on the intent of Congress expressed
                in section 5301 of the FAST Act to exempt safety equipment mounted
                within the swept area of windshields, provided such devices do not
                degrade operational safety.
                 FMCSA must consider the ``costs and benefits'' of any proposal
                before promulgating regulations (49 U.S.C. 31136(c)(2)(A), 31502(d)).
                V. Discussion of Proposed Rulemaking
                A. Proposed Rulemaking
                 On July 6, 2021, FMCSA published in the Federal Register a Notice
                of Proposed Rulemaking (NPRM) (Docket No. FMCSA-2021-0037, 86 FR 35449)
                titled ``Parts and Accessories Necessary for Safe Operation; Authorized
                Windshield Area for the Installation of Vehicle Safety Technology.''
                The NPRM proposed to modify 49 CFR 393.60(e) to allow certain vehicle
                safety technologies to be mounted on the interior of the windshield of
                a CMV, within a defined portion of the swept area of the windshield.
                The NPRM also proposed to modify the definition of vehicle safety
                technology in 49 CFR 393.5 to add technologies that had been granted
                temporary exemptions from Sec. 393.60(e) since the 2016 final rule.
                B. Comments and Responses
                1. Responses to Questions Posed in NPRM
                 The comment period closed on August 5, 2021. The following 17
                parties submitted comments: American Trucking Associations (ATA); Car
                Couriers Inc.; Daimler Trucks North America LLC (DTNA); EROAD;
                Fastfreight Express; Lidar Coalition; Lytx, Inc.; Motor & Equipment
                Manufacturers Association (MEMA); Netradyne, Inc.; Omnitracs, LLC and
                SmartDrive Systems; Owner-Operator Independent Drivers Association
                (OOIDA); Samsara Inc.; Truck and Engine Manufacturers Association
                (EMA); United Motorcoach Association (UMA); ZF North America; and two
                private citizens.
                 To assist in development of the proposed regulatory revisions, the
                Agency requested responses to two specific questions.
                 Question 1: Does the definition of vehicle safety technology need
                to be expanded further to address other potential technologies and/or
                multifunction devices such as electronic logging devices that
                incorporate technologies such as Global Positioning Systems (GPS) that
                either require placement in the approximate middle of the CMV
                windshield or would benefit driver safety by not diverting the CMV
                driver's eyes from the road and would be subject to the positioning
                requirements of Sec. 393.60(e)(1)?
                 Responses: Most commenters supported the proposed definition of
                vehicle safety technology from the NPRM. Some commenters added that the
                proposed definition does not need to be expanded further and should be
                finalized as written.
                 Some commenters stated that the proposed definition of vehicle
                safety technology provides adequate flexibility by not restricting the
                definition to the listed safety technology examples. DTNA requested
                FMCSA clarify that the list of technologies in the definition is not
                exclusive. DTNA stated that this clarification could be made by
                revising the definition of vehicle safety technology to read, in part,
                ``Examples of vehicle safety technology systems and devices include,
                but are not limited to . . .'' and ``Vehicle safety technology includes
                but is not limited to. . . .'' DTNA stated that this change to the
                definition would clarify that the list is not all-encompassing, allow
                for multi-function devices, and prevent the need for exemption requests
                in the future for emerging technologies, while still ensuring that the
                covered technologies would be limited to those that have an impact on
                and promote vehicle safety.
                 Lidar Coalition proposed revising the first sentence of the
                definition of vehicle safety technology to read as follows:
                 Vehicle safety technology includes systems, components, and
                items of
                [[Page 12598]]
                equipment used to assist in managing any aspect of the dynamic
                driving task (as defined in SAE J3016), or improve the safety of
                drivers, occupants, and other road users (such as pedestrians or
                cyclists).
                Lidar Coalition stated that this revision would focus the definition on
                Advanced Driver Assistance System technology and broaden the potential
                beneficiaries of such technology to include all road users.
                 ATA agreed with the proposed definition and stated that FMCSA
                should continue to update the definition of vehicle safety technology
                in the future after evaluating new devices with sound data
                demonstrating safety performance at and above the current standard.
                 Some commenters expressed general support for adding GPS and
                Electronic Logging Device (ELD) systems to the definition of vehicle
                safety technology, stating that these devices enhance safety. A few
                commenters supported the addition of GPS devices to the definition of
                vehicle safety technology so those devices can be positioned closer to
                the driver's line of sight and the drivers do not need to look away
                from the road to view them. Some commenters stated that ELDs do not
                need to be mounted on windshields for the operation of the device and
                that such placement would cause an unnecessary distraction. A few
                commenters stated that GPS and ELD systems may be integrated with other
                devices listed in the definition of vehicle safety technology that
                could be placed on the windshield and therefore needed to be included
                in the definition.
                 The Lidar Coalition supported inclusion of lidar in the proposed
                definition, stating that such systems will provide multiple safety
                benefits when mounted on the interior of windshields.
                 MEMA stated that the windshield space should be prioritized for
                safety systems that require a clear and clean windshield to operate,
                such as a forward-looking camera, and not systems that can function
                from other positions, such as a GPS unit.
                 OOIDA expressed concern that the proposed definition of vehicle
                safety technology includes some technologies that are proven to
                increase the likelihood of crashes or need more research to determine
                their effect on vehicle safety, such as speed management systems,
                automatic emergency braking (AEB) systems, and equipment being deployed
                on autonomous vehicles. OOIDA stated that FMCSA should not mandate use
                of these technologies.
                 UMA commented that some States may have adopted laws that would
                conflict with the proposed definition of vehicle safety technology and
                provided an example of a California law that would be in conflict with
                the proposed definition. The California law cited by UMA states that a
                GPS device ``may be mounted in a seven-inch square in the lower corner
                of the windshield farthest removed from the driver or in a five-inch
                square in the lower corner of the windshield nearest to the driver''
                and a video event recorder ``may be mounted in a seven-inch square in
                the lower corner of the windshield farthest removed from the driver, in
                a five-inch square in the lower corner of the windshield nearest to the
                driver and outside of an airbag deployment zone, or in a five-inch
                square mounted to the center uppermost portion of the interior of the
                windshield.'' UMA requested that FMCSA ensure regulations integrate
                with such State laws or address the preemptive intention of the final
                rule.
                 FMCSA response: This final rule adopts the changes proposed in the
                NPRM. It is consistent with the following previously issued Agency
                actions permitting the placement of vehicle safety technology 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 (Apr.
                6, 2021), Netradyne, Inc. 85 FR 82575 (Dec 18, 2020), J.J. Keller &
                Associates, Inc. 85 FR 75106 (Nov. 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), Navistar Inc. 84 FR 64952 (Nov. 25,
                2019), SmartDrive System, Inc. 84 FR 15284 (Apr. 15, 2019), Daimler
                Trucks North America LLC 83 FR 4543 (Jan. 31, 2018), and Hino Motors
                Manufacturing U.S.A. 82 FR 36182 (Aug. 3, 2017). All of the temporary
                exemptions were granted for devices that meet the definition of vehicle
                safety technologies except for the GPS device identified in the
                Traditional Trucking Corp. exemption (83 FR 42552, Aug. 22, 2018). The
                Agency also acknowledges that many devices such as ELDs may include GPS
                technology. Under the final rule, any device that incorporates GPS is
                included in the definition of vehicle safety technology.
                 When issuing the previous exemptions, the Agency asked interested
                parties to provide FMCSA with any information demonstrating that motor
                carriers operating CMVs equipped with vehicle safety technologies are
                not achieving the requisite statutory level of safety. FMCSA has not
                received any information to that effect.
                 As noted in the NPRM, the proposed amendment would not require the
                use of any devices or technologies but would simply permit their
                voluntary use when mounted in a location that maximizes their
                effectiveness without impairing operational safety. 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.
                 Regarding OOIDA's concern about speed management and AEB systems,
                FMCSA sees no reason to remove ``speed management systems'' from the
                definition of vehicle safety technology. The definition has included
                ``speed management systems'' since it was originally added to 49 CFR
                393.5 (81 FR 65568, Sep. 23, 2016). In the absence of data to support
                OOIDA's claims that these technologies are proven to increase the
                likelihood of crashes or need more research to determine their effect
                on vehicle safety, FMCSA sees no reason to revisit those technologies
                inclusion in the definition. As to AEB, FMCSA notes that section 393.5
                continues to include ``forward collision warning or mitigation system''
                as one example of vehicle safety technology excepted from the
                windshield obstruction prohibition in section 393.60(e). While AEB was
                included in the definition proposed in the petition for rulemaking,
                section 23010 of the Infrastructure Investment and Jobs Act (Pub. L.
                117-56, Nov. 15, 2021) requires the National Highway Traffic Safety
                Administration (NHTSA) to complete a rulemaking on AEB and FMCSA to
                complete a companion rulemaking. AEB technology ultimately might or
                might not require placement within the swept area of the windshield
                wipers. Under the circumstances, the Agency has decided that it would
                be premature to address AEB in this final rule. Additionally, the NPRM
                did not propose, and this final rule does not require, installation of
                these technologies.
                 States that accept Motor Carrier Safety Assistance Program (MCSAP)
                funds from FMCSA must adopt laws or regulations compatible with the
                rules in 49 CFR parts 390-397 within 3 years of the effective date of a
                new rule (49 CFR 350.335(a)(2)) or risk the loss of such funds. That
                MCSAP requirement would apply to States that have regulations on the
                location of safety technologies in CMV windshields inconsistent with
                this final rule.
                 Question 2: Would the proposed position of allowable vehicle safety
                technologies (8.5 inches below the upper and 7 inches above the lower
                edge of the swept area of the
                [[Page 12599]]
                windshield) be sufficient for current and developing devices?
                 Responses: Most commenters supported the dimensions proposed in the
                NPRM as sufficient for current and developing devices. Some commenters
                stated that existing technologies have been placed within the
                dimensions proposed in the NPRM, under previous exemptions, without
                obstructing the driver's view or causing any adverse safety impacts.
                 A few commenters stated that devices placed within the dimensions
                proposed in the NPRM could obstruct the driver's view of pedestrians,
                cars, and buildings. Some argued that the NPRM fails to account for
                drivers of different heights and that taller drivers are more likely to
                have their view obstructed by safety devices in the proposed areas of
                the windshield. Fastfreight Express provided pictures showing how
                safety devices on the windshield obstructed the view of cars and
                buildings.
                 ATA stated that devices on the windshield could require more or
                less physical space on the windshield in the future depending on how
                technologies develop, but that these changes should not be incompatible
                with the proposal.
                 A few commenters stated that the proposed position of allowable
                vehicle safety technologies might not be sufficient for some vehicle
                types covered by the regulations, such as tractors with split
                windshields, refuse trucks, motorcoaches, over-the-road-buses, and
                school buses.
                 UMA questioned whether limiting the number of devices on the
                windshield is appropriate.
                 FMCSA response: FMCSA has granted temporary exemptions that allow
                safety technologies to be placed 8.5 inches below the upper and 7
                inches above the lower swept area of the windshield wipers, all without
                objection from commenters. FMCSA acknowledges the concerns expressed by
                several commenters that the sightlines of taller drivers could be
                obstructed by safety devices mounted high on the windshield. Drivers
                currently deal with a variety of visual obstructions from the seating
                position, including the cab's A pillars on each side of the windshield,
                the sun visor (when pulled down), and the external mirrors (which may
                be larger than the minimum size required by NHTSA). All of these
                obstructions are legal, and drivers adapt by moving their upper body
                and head to obtain a clear sightline to their surroundings. FMCSA has
                received no information that these obstructions or the safety devices
                placed in the swept area of windshields under previously granted
                temporary exemptions have created visual obstructions that cannot be
                addressed by the driver's routine movements of the head or upper body.
                Regarding the UMA comment on limiting the number of devices on the
                windshield, the Agency has not received information from previously
                granted temporary exemptions that a limitation on the number of devices
                is necessary and therefore declines to make that change in this final
                rule.
                VI. Changes From the NPRM
                 The Agency is making one change to this final rule from the NPRM.
                The Agency removes ``automatic emergency braking,'' from the definition
                for vehicle safety technology.
                VII. Section-by-Section Analysis
                 This section-by-section analysis describes the changes in numerical
                order.
                A. Section 393.5 Definitions
                 The definition for vehicle safety technology is 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 is revised by replacing ``100 mm (4 inches)'' with
                ``216 mm (8.5 inches)'' in paragraph (e)(1)(ii)(A). Additionally, a new
                paragraph (e)(1)(ii)(C) is added to read ``Outside the driver's sight
                lines to the road and highway signs and signals.''
                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 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 DOT's regulatory policies and procedures. The
                Office of Information and Regulatory Affairs (OIRA) determined that
                this rulemaking is not a significant regulatory action under section
                3(f) of E.O. 12866, as supplemented by E.O. 13563, and does not require
                an assessment of potential costs and benefits under section 6(a)(3) of
                that Order. Accordingly, the Office of Management and Budget (OMB) has
                not reviewed it under that E.O.
                 As stated previously under our discussion of public comments, we
                received 17 comments. Thirteen of these comments supported increasing
                the area within which certain vehicle safety technology devices may be
                mounted on the interior of the CMV windshields and the Agency proposal
                to add items to the definition of vehicle safety technology.
                 There are two differences in this regulatory analysis from the
                regulatory analysis in the NPRM that have a quantified monetary impact.
                The NPRM used the most up-to-date wage data then available to estimate
                cost savings to (1) motor carrier companies that would have to file
                fewer periodic exemption requests, and (2) the Federal Government by
                reducing the volume of exemption requests to be reviewed and processed.
                More up-to-date wage data are now available and utilized for this final
                rule. Other than these two modifications, there are no substantive
                changes to the requirements and calculations originally proposed in the
                NPRM.
                Baseline for the Analysis
                 The mounting of devices on the interior and within the swept area
                of the windshield is prohibited under 49 CFR 393.60(e), unless they are
                vehicle safety technologies. FMCSA has authority under 49 U.S.C.
                31315(b) to grant exemptions from certain parts of the FMCSRs. FMCSA
                must publish a notice of each exemption request in the Federal Register
                (49 CFR 381.315(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. FMCSA notes that the
                burden associated with preparing an exemption request is not included
                in a currently approved information collection request (ICR), and the
                Agency is pursuing completion of that ICR outside of this rulemaking.
                 As originally enacted, 49 U.S.C. 31315(b) allowed an exemption from
                a regulation (and a renewal) for no longer than 2 years from its
                approval date. Section 5206(a)(3) of the FAST Act amended section
                31315(b) 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 393.60(e)(1)(i) of the FMCSRs prohibits the obstruction of
                the driver's 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 driver's sight lines to the road and highway signs and signals.
                Section 393.60(e)(1)(i) does not apply to vehicle safety technologies,
                as defined in 49 CFR 390.5, including ``a fleet-
                [[Page 12600]]
                related 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 393.60(e)(1)(ii) 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 driver's sight
                lines to the road and highway signs and signals.
                 This final rule revises 49 CFR 393.60 to expand the area where
                vehicle safety technologies (e.g., lane departure warning systems,
                forward collision warning or mitigation systems, active cruise control
                systems, and transponders) may be installed on the interior of
                windshields of CMVs. The final rule will generate cost savings for both
                industry and government and will achieve a level of safety equivalent
                to, or greater than, the level achieved by the current regulation.
                 In table 1, we show a summary of the impacts of the final rule. As
                a result of the previously discussed changes between this regulatory
                analysis and the NPRM, the projected cost savings to industry and the
                Federal government have increased. The annualized and 10-year cost
                savings to industry, both discounted 7 percent, increased approximately
                9 percent from the NPRM estimates of $568 and $3,992 to $621 and
                $4,361, respectively. The annualized and 10-year cost savings to the
                Federal government, both discounted 7 percent, increased approximately
                1 percent, from the NPRM estimates of $10,137 and $71,197 to $10,282
                and $72,214, respectively. As a result, the aggregated annual and 10-
                year cost savings for both the private sector and the Federal
                government, discounted at 7 percent, increased approximately 2 percent,
                from $10,705 and $75,189 to $10,903 and $76,575, respectively.
                 Table 1--Summary of the Impacts of This Final Rule
                ------------------------------------------------------------------------
                 Category Summary
                ------------------------------------------------------------------------
                Applicability................ Revisions to 49 CFR 393.60 to expand the
                 area where vehicle safety technologies
                 may be installed on the interior
                 windshield of CMVs.
                Affected Population.......... Potentially, all CMVs, as defined in 49
                 CFR 390.5.
                Costs........................ There will be no costs to industry or the
                 Federal Government.
                Industry Costs Savings ($, 7 10-year: $4,361, Annualized: $621.
                 percent discount rate).
                Federal Government Cost 10-year: $72,214, Annualized: $10,282.
                 Savings ($, 7 percent
                 discount rate).
                Total Cost Savings ($, 7 10-year: $76,575, Annualized: $10,903.
                 percent discount rate).
                Benefits..................... This final rule will provide a greater
                 available area for the voluntary
                 deployment of windshield-mounted safety
                 technologies which have the potential to
                 reduce fatalities, injuries, and
                 property damages while maintaining a
                 level of safety equivalent to, or
                 greater than, the level achieved by the
                 current regulation.
                ------------------------------------------------------------------------
                Cost, Cost Savings, and Benefits
                 This final rule makes two changes to the Parts and Accessories
                Necessary for Safe Operation regulations in 49 CFR part 393, subpart A
                and subpart D.
                 Under the existing Sec. 393.5 Definitions, vehicle safety
                technology includes a fleet-related 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. Under the final
                rule, this definition will also include braking warning systems,
                braking assist systems, driver camera systems, attention assist
                warning, GPS, and traffic sign recognition. Vehicle safety technology
                includes systems and devices that contain cameras, lidar, radar,
                sensors, and/or video.
                 As a result, vehicle safety technologies will expand to cover new
                devices and systems and better accommodate the advanced driver
                assistance technologies. The change will have no cost. Benefits will
                accrue through improved safety performance of CMVs via prevention or
                reduction of fatalities, injuries, and property damage. For example,
                lane departure warning systems are anticipated to prevent accidents
                involving striking a car in an adjoining lane, which could either
                involve ``sideswiping'' a vehicle traveling in the same direction or
                hitting a vehicle traveling in the opposite direction. Section
                393.60(e)(1)(ii) notes that the prohibition on obstructions to the
                driver's field of view in paragraph (e)(1)(i) does not apply to vehicle
                safety technologies, as defined in Sec. 393.5, that are mounted on the
                interior of a windshield. The change to Sec. 393.60(e)(1)(ii) expands
                the area available for mounting vehicle safety technologies on the
                interior of a windshield. Devices with vehicle safety technologies may
                be mounted:
                 Not more than 216 mm (8.5 inches) below the upper edge of
                the area swept by the windshield wipers;
                 Not more than 175 mm (7 inches) 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 change will have no cost, but will result in an annualized cost
                savings from reduced application and exemption processing. The cost
                savings will be $10,903 at both 3 percent and 7 percent discount rates.
                [[Page 12601]]
                Wage Rates
                 For this analysis, we calculated private sector wages using 2020
                wage data from the U.S. Bureau of Labor Statistics (BLS) Occupational
                Employment Statistics for the Management of Companies and Enterprises
                (North American Industry Classification System 551100). We used a
                median hourly wage for Standard Occupational Classification Code 11-
                2021--Marketing Managers, which is $71.87.\1\
                ---------------------------------------------------------------------------
                 \1\ https://www.bls.gov/oes/current/naics4_551100.htm#11-0000
                (last accessed Sept. 1, 2021).
                ---------------------------------------------------------------------------
                 We added a load factor to the industry wages for Marketing Managers
                using December 2020 wage and total compensation data from the BLS
                Employer Costs for Employee Compensation (ECEC) survey, which accounts
                for employee benefits. This load factor represents the total benefits
                as a percentage of total salary.\2\ We multiplied the median hourly
                wage by the load factor to get the full loaded wage of $103.49.
                ---------------------------------------------------------------------------
                 \2\ We calculate the load factor for wages by dividing total
                compensation by wages and salaries. For this analysis, we used BLS'
                ECEC/Management, professional, and related occupations. Using
                December 2020 data, we divided the total compensation amount of
                $61.72 by the wage and salary amount of $42.95 to get the load
                factor of 1.44 ($61.72 divided by $42.95). This data is found in
                table 9 of the ECEC Historical Listing. Available at https://www.bls.gov/web/ecec/ececqrtn.pdf (accessed Sept. 2, 2021)
                ---------------------------------------------------------------------------
                 We utilized Federal Government employee wage rates based on the
                Office of Personnel Management (OPM) 2020 General Schedule (GS) pay for
                the DC-MD-VA-WV-PA locality for a GS-15 grade.\3\ Using OPM data, we
                generated an hourly wage for a GS-15 Step 1 grade as $68.38.\4\
                ---------------------------------------------------------------------------
                 \3\ https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2019/DCB.pdf.
                 \4\ https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2020/DCB.pdf.
                ---------------------------------------------------------------------------
                 OMB publishes an object class analysis of the budget of the U.S.
                Government.\5\ The object class shows that, in 2020, DOT spent $6,602
                million in full-time permanent employee compensation and $2,590 million
                in civilian employee benefits. Based on this, FMCSA estimated a fringe
                benefit rate of 39.23 percent (2,590/6,602) for FMCSA personnel or
                $26.82 ($68.38 x 39.23 percent). The fully loaded hourly wage for a GS-
                15 Step 1 is $95.20 ($68.38 + $26.82).
                ---------------------------------------------------------------------------
                 \5\ https://www.govinfo.gov/content/pkg/BUDGET-2022-OBJCLASS/pdf/BUDGET-2022-OBJCLASS.pdf.
                ---------------------------------------------------------------------------
                Costs
                 Motor carriers, industry technological manufacturers, and drivers
                will not incur any new costs associated with this final rule. Adopting
                and using windshield-mounted technologies is purely optional. Those who
                install and use windshield-mounted technologies will experience no
                added burdens or costs as a result of this rule.
                 In CMVs, drivers sit in an elevated position that greatly improves
                the forward visual field. When FMCSA previously granted exemptions, it
                found that doing so would likely achieve a level of safety equivalent
                to, or greater than, the level of safety achieved without the
                exemption. As described in the NPRM, since issuing the first temporary
                exemption from Sec. 393.60(e)(1) in 2009, FMCSA is unaware of any
                crashes that have been attributed to the location of such devices.
                 The expanded location is expected to keep pace with technological
                advances and further aid in meeting the statutory requirements of the
                FAST Act. The expanded area is outside the driver's line of sight to
                the road, highway signs, and signals.
                Cost Savings
                 We anticipate that this final rule will generate cost savings to
                (1) motor carrier companies that file fewer exemption requests, and (2)
                the Federal government by reducing the volume of exemption requests to
                be reviewed and processed.
                 Several manufacturers of windshield-mounted technologies have
                requested exemptions from FMCSA. We estimate that completing each
                exemption request takes about 2 hours of company time. FMCSA, on
                average, receives three exemption applications that are impacted by
                this rule per year. Table 2 provides the 10-year time horizon cost
                savings stream based on the yearly undiscounted $621 (rounded to the
                nearest whole dollar) cost savings to industry.\6\
                ---------------------------------------------------------------------------
                 \6\ Loaded Hourly wage x Number of Hours x Average number of
                exemptions ($94.74 x 2 x 3).
                 Table 2--Total and Annualized Cost Savings to Industry \7\
                ----------------------------------------------------------------------------------------------------------------
                 Total Total discounted
                 Year undiscounted -------------------------------
                 costs savings 7 Percent 3 Percent
                ----------------------------------------------------------------------------------------------------------------
                2022.......................................................... $621 $580 $603
                2023.......................................................... 621 542 585
                2024.......................................................... 621 507 568
                2025.......................................................... 621 474 552
                2026.......................................................... 621 443 536
                2027.......................................................... 621 414 520
                2028.......................................................... 621 387 505
                2029.......................................................... 621 361 490
                2030.......................................................... 621 338 476
                2031.......................................................... 621 316 462
                 -------------------------------------------------
                 Total..................................................... 6,210 4,361 5,297
                ----------------------------------------------------------------------------------------------------------------
                Annualized.................................................... ................ 621 621
                ----------------------------------------------------------------------------------------------------------------
                 Federal government employees who possess the technical knowledge
                required to review windshield exemption applications are senior
                engineers and attorneys at the GS-15 grade. A final approval letter for
                an exemption is granted by the Associate Administrator at the Senior
                Executive Service level.\8\ We estimate the total time from initial
                exemption receipt to final approval to be 12 non-consecutive hours.
                Table 3 provides the 10-year time horizon cost savings stream based on
                the yearly undiscounted $10,282
                [[Page 12602]]
                (rounded to the nearest whole dollar) cost savings to the Federal
                government.\9\
                ---------------------------------------------------------------------------
                 \7\ (Total Cost Savings in this table may not equal the sum
                total of yearly cost savings due to rounding in underlying
                calculations).
                 \8\ The Agency is assuming that an Associate Administrator at
                the Senior Executive Service level is equivalent to a GS-15 grade
                for the purpose of this analysis.
                 \9\ Loaded Hourly Wage x Number of Hours x Average number of
                exemptions x Personnel ($95.20 x 12 x 3 x 3).
                 Table 3--Total and Annualized Cost Savings to the Federal Government \10\
                ----------------------------------------------------------------------------------------------------------------
                 Total Total discounted
                 Year undiscounted -------------------------------
                 costs savings 7 Percent 3 Percent
                ----------------------------------------------------------------------------------------------------------------
                2022.......................................................... $10,282 $9,609 $9,982
                2023.......................................................... 10,282 8,980 9,691
                2024.......................................................... 10,282 8,393 9,409
                2025.......................................................... 10,282 7,844 9,135
                2026.......................................................... 10,282 7,331 8,869
                2027.......................................................... 10,282 6,851 8,611
                2028.......................................................... 10,282 6,403 8,360
                2029.......................................................... 10,282 5,984 8,116
                2030.......................................................... 10,282 5,593 7,880
                2031.......................................................... 10,282 5,227 7,651
                 -------------------------------------------------
                 Total..................................................... 102,817 72,214 87,705
                ----------------------------------------------------------------------------------------------------------------
                Annualized.................................................... ................ 10,282 10,282
                ----------------------------------------------------------------------------------------------------------------
                 Table 4 provides the total 10-year time horizon cost savings stream
                based on the yearly undiscounted cost savings of $10,903 (rounded to
                the nearest whole dollar) for both industry and the Federal government.
                ---------------------------------------------------------------------------
                 \10\ (Total Cost Savings in this table may not equal the sum
                total of yearly cost savings due to rounding in underlying
                calculations).
                 Table 4--Total Cost Savings for Industry and the Federal Government \11\
                ----------------------------------------------------------------------------------------------------------------
                 Total Total discounted
                 Year undiscounted -------------------------------
                 costs savings 7 Percent 3 Percent
                ----------------------------------------------------------------------------------------------------------------
                2022.......................................................... $10,903 $10,189 $10,585
                2023.......................................................... 10,903 9,523 10,277
                2024.......................................................... 10,903 8,900 9,977
                2025.......................................................... 10,903 8,318 9,687
                2026.......................................................... 10,903 7,773 9,405
                2027.......................................................... 10,903 7,265 9,131
                2028.......................................................... 10,903 6,790 8,865
                2029.......................................................... 10,903 6,345 8,607
                2030.......................................................... 10,903 5,930 8,356
                2031.......................................................... 10,903 5,542 8,113
                 -------------------------------------------------
                 Total..................................................... 109,026 76,575 93,001
                ----------------------------------------------------------------------------------------------------------------
                Annualized.................................................... ................ 10,903 10,903
                ----------------------------------------------------------------------------------------------------------------
                Benefits
                 The Agency was unable to identify literature that quantified the
                benefits of increasing the allowable windshield area for the mounting
                of vehicle safety technologies. In the absence of such analyses, the
                Agency did not quantify benefits associated with the final rule, though
                it believes that the rule has the potential to improve the safety of
                CMV operations.12 13 The Agency also finds that CMVs
                outfitted with vehicle safety technologies under current exemptions do
                not present an increased safety risk compared to other CMVs.
                ---------------------------------------------------------------------------
                 \11\ (Total Cost Savings in this table may not equal the sum
                total of yearly cost savings due to rounding in underlying
                calculations).
                 \12\ https://rosap.ntl.bts.gov/view/dot/4.
                 \13\ https://rosap.ntl.bts.gov/view/dot/10.
                ---------------------------------------------------------------------------
                Discussion of Alternatives
                 When preparing this final rule, FMCSA considered two alternatives.
                In this section, we examine how the cost of the proposal would change
                with each alternative.
                Alternative 1
                 No Action.
                 Applying a ``no action'' alternative, FMCSA would accept the status
                quo and not change the current exemption approval requirements. This
                alternative currently limits the windshield area in which new safety
                technologies can be mounted to not more than 100 mm (4 inches) below
                the upper edge of the area swept by the windshield wipers or not more
                than 175 mm (7 inches) above the lower edge of the area swept by the
                windshield wipers. This alternative does not favor innovation and
                technological growth, nor does it reduce the overall burden to industry
                of applying for, and to the Federal Government of reviewing,
                exemptions. This alternative would maintain the approximately $10,903
                (annualized, 7 percent discount rate) in annual costs associated with
                the overall exemption request and approval process.
                Alternative 2
                 Preferred Alternative--Revise 49 CFR 393.60 to expand the
                windshield area where vehicle safety technologies could be installed on
                CMVs and revise 49 CFR
                [[Page 12603]]
                393.5 to broaden the definition of vehicle safety technology.
                 Applying this preferred alternative, FMCSA would increase the
                allowable windshield area for installation of vehicle safety
                technologies. This would lead to an estimated $10,705 in annual cost
                savings without any estimated cost increase or reduction in benefits,
                as this analysis shows.
                B. Congressional Review Act
                 Pursuant to the Congressional Review Act (5 U.S.C. 801-808), OIRA
                designated this rule as not a ``major rule,'' as defined by 5 U.S.C.
                804(2).\14\
                ---------------------------------------------------------------------------
                 \14\ A ``major rule'' means any rule that OMB finds has resulted
                in or is likely to result in (a) an annual effect on the economy of
                $100 million or more; a major increase in costs or prices for
                consumers, individual industries, Federal agencies, State agencies,
                local government agencies, or geographic regions; or significant
                adverse effects on competition, employment, investment,
                productivity, innovation, or on the ability of United States-based
                enterprises to compete with foreign-based enterprises in domestic
                and export markets (5 U.S.C. 804(2)).
                ---------------------------------------------------------------------------
                C. Regulatory Flexibility Act
                 The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
                by the Small Business Regulatory Enforcement Fairness Act of 1996,\15\
                requires Federal agencies to consider the effects of the regulatory
                action on small business and other small entities and to minimize any
                significant economic impact. The term ``small entities'' comprises
                small businesses and not-for-profit organizations that are
                independently owned and operated and are not dominant in their fields,
                and governmental jurisdictions with populations of less than 50,000 (5
                U.S.C. 601(6)). Accordingly, DOT policy requires an analysis of the
                impact of all regulations on small entities, and mandates that agencies
                strive to lessen any adverse effects on these businesses.
                ---------------------------------------------------------------------------
                 \15\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
                ---------------------------------------------------------------------------
                 The Agency expects that this final rule will not have a significant
                economic impact on small entities. The final rule will result in cost
                savings to industry and the Federal government.
                 FMCSA expects the average costs to manufacturers of windshield-
                mounted equipment associated with avoiding the need for exemption
                applications will be reduced by $621 per year (annualized, 7 percent
                discount rate). We calculate that 100 percent of small equipment
                manufacturers impacted by this final rule will have a cost savings less
                than 1 percent of their annual revenue. No small governmental
                jurisdictions will be impacted by this final rule.
                 Consequently, I certify that the final action will not have a
                significant economic impact on a substantial number of small entities.
                If you think that your business, organization, or governmental
                jurisdiction qualifies as a small entity and that this final rule would
                have a significant economic impact on it, please submit a comment to
                the docket at the address listed in the ADDRESSES section of this
                preamble. In your comment, explain why you think it qualifies and how
                and to what degree this final rule would economically affect it.
                D. Assistance for Small Entities
                 In accordance with section 213(a) of the Small Business Regulatory
                Enforcement Fairness Act of 1996,\16\ FMCSA wants to assist small
                entities in understanding this final rule so they can better evaluate
                its effects on themselves and participate in the rulemaking initiative.
                If the final rule will affect your small business, organization, or
                governmental jurisdiction and you have questions concerning its
                provisions or options for compliance, please consult the person listed
                under FOR FURTHER INFORMATION CONTACT.
                ---------------------------------------------------------------------------
                 \16\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
                ---------------------------------------------------------------------------
                 Small businesses may send comments on the actions of Federal
                employees who enforce or otherwise determine compliance with Federal
                regulations to the Small Business Administration's Small Business and
                Agriculture Regulatory Enforcement Ombudsman and the Regional Small
                Business Regulatory Fairness Boards. The Ombudsman evaluates these
                actions annually and rates each agency's responsiveness to small
                business. If you wish to comment on actions by employees of FMCSA, call
                1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights
                of small entities to regulatory enforcement fairness and an explicit
                policy against retaliation for exercising these rights.
                E. Unfunded Mandates Reform Act of 1995
                 The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
                requires Federal agencies to assess the effects of their discretionary
                regulatory actions. The Act addresses actions that may result in the
                expenditure by a State, local, or Tribal government, in the aggregate,
                or by the private sector of $170 million (which is the value equivalent
                of $100 million in 1995, adjusted for inflation to 2020 levels) or more
                in any 1 year. Because this final rule will not result in such an
                expenditure, a written statement is not required. However, FMCSA does
                discuss the costs and benefits of this final rule in the preamble.
                F. Paperwork Reduction Act
                 This final rule contains no new information collection requirements
                under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). FMCSA
                notes that the burden associated with preparing an exemption request is
                not included in a currently approved information collection request
                (ICR), and the Agency is pursuing completion of that ICR outside of
                this rulemaking.
                G. E.O. 13132 (Federalism)
                 A rule has implications for federalism under section 1(a) of E.O.
                13132 if it has ``substantial direct effects on the States, on the
                relationship between the national government and the States, or on the
                distribution of power and responsibilities among the various levels of
                government.'' FMCSA has determined that this rule would not have
                substantial direct costs on or for States, nor would it limit the
                policymaking discretion of States. Nothing in this document preempts
                any State law or regulation. Therefore, this rule does not have
                sufficient federalism implications to warrant the preparation of a
                Federalism Impact Statement.
                H. Privacy
                 The Consolidated Appropriations Act, 2005,\17\ requires the Agency
                to assess the privacy impact of a regulation that will affect the
                privacy of individuals. This final rule does not require the collection
                of personally identifiable information (PII). Because this final rule
                does not require the collection of PII, the Agency is not required to
                conduct a privacy impact assessment (PIA). Section 208 of the E-
                Government Act of 2002 (44 U.S.C. 3501 note) requires Federal agencies
                to conduct a PIA for new or substantially changed technology that
                collects, maintains, or disseminates information in an identifiable
                form. No new or substantially changed technology will collect,
                maintain, or disseminate such information as a result of this rule.
                Accordingly, FMCSA has not conducted a PIA.
                ---------------------------------------------------------------------------
                 \17\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5
                U.S.C. 552a (Dec. 4, 2014).
                ---------------------------------------------------------------------------
                 In addition, the Agency submitted a Privacy Threshold Assessment to
                evaluate the risks and effects the rulemaking might have on collecting,
                storing, and sharing personally identifiable information. The DOT
                Privacy Office has determined that this rulemaking does not create
                privacy risk.
                [[Page 12604]]
                I. E.O. 13175 (Indian Tribal Governments)
                 This rule does not have Tribal implications under E.O. 13175,
                Consultation and Coordination with Indian Tribal Governments, because
                it does not have a substantial direct effect on one or more Indian
                Tribes, on the relationship between the Federal Government and Indian
                Tribes, or on the distribution of power and responsibilities between
                the Federal Government and Indian Tribes.
                J. National Environmental Policy Act of 1969
                 FMCSA analyzed this rule pursuant to the National Environmental
                Policy Act of 1969 (42 U.S.C. 4321 et seq.) and determined this action
                is categorically excluded from further analysis and documentation in an
                environmental assessment or environmental impact statement under FMCSA
                Order 5610.1 (69 FR 9680), Appendix 2, paragraph 6.bb. The Categorical
                Exclusion (CE) in paragraph 6.bb. addresses regulations concerning
                vehicle operation safety standards (e.g., regulations requiring:
                Certain motor carriers to use approved equipment which is required to
                be installed such as an ignition cut-off switch, or carried onboard,
                such as a fire extinguisher, and/or stricter blood alcohol
                concentration standards for drivers, etc.), equipment approval, and/or
                equipment carriage requirements (e.g., fire extinguishers and flares).
                The requirements in this rule are covered by this CE and the final
                action does not have any effect on the quality of the environment.
                List of Subjects in 49 CFR Part 393
                 Highway safety, Motor carriers, Motor vehicle safety.
                 Accordingly, FMCSA amends 49 CFR chapter III, part 393 as follows:
                PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION
                0
                1. The authority citation for part 393 continues to read as follows:
                 Authority: 49 U.S.C. 31136, 31151, and 31502; sec. 1041(b) of
                Pub. L. 102-240, 105 Stat. 1914, 1993 (1991); sec. 5301 and 5524 of
                Pub. L. 114-94, 129 Stat. 1312, 1543, 1560; and 49 CFR 1.87.
                0
                2. Amend Sec. 393.5 by revising the definition of ``Vehicle safety
                technology'' to read as follows:
                Sec. 393.5 Definitions.
                * * * * *
                 Vehicle safety technology. Vehicle safety technology includes
                systems and items of equipment to promote driver, occupant, and roadway
                safety. Examples of vehicle safety technology systems and devices
                include a fleet-related 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, transponder, braking warning system, braking
                assist system, driver camera system, attention assist warning, Global
                Positioning Systems, and traffic sign recognition. Vehicle safety
                technology includes systems and devices that contain cameras, lidar,
                radar, sensors, and/or video.
                * * * * *
                0
                3. Amend Sec. 393.60 by revising paragraph (e)(1)(ii) to read as
                follows:
                Sec. 393.60 Glazing in specified openings.
                * * * * *
                 (e) * * *
                 (1) * * *
                 (ii) Paragraph (e)(1)(i) of this section does not apply to vehicle
                safety technologies, as defined in Sec. 393.5, that are mounted on the
                interior of a windshield. Devices with vehicle safety technologies must
                be mounted:
                 (A) Not more than 216 mm (8.5 inches) below the upper edge of the
                area swept by the windshield wipers;
                 (B) Not more than 175 mm (7 inches) above the lower edge of the
                area swept by the windshield wipers; and
                 (C) Outside the driver's sight lines to the road and highway signs
                and signals.
                * * * * *
                 Issued under the authority of delegation in 49 CFR 1.87.
                Robin Hutcheson,
                Acting Administrator.
                [FR Doc. 2022-03996 Filed 3-4-22; 8:45 am]
                BILLING CODE 4910-EX-P
                

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