Parts and Accessories Necessary for Safe Operation; Vision Systems North America, Inc. Application for an Exemption, 2486-2489 [2020-00556]
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2486
Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Notices
data. For non-CDL holders, the Agency
reviews the driving records from the
State Driver’s Licensing Agency. These
factors provide an adequate basis for
predicting each driver’s ability to
continue to safely operate a CMV in
interstate commerce. Therefore, FMCSA
concludes that extending the exemption
for each of these drivers for a period of
2 years is likely to achieve a level of
safety equal to that existing without the
exemption.
In accordance with 49 U.S.C. 31136(e)
and 31315(b), the following groups of
drivers received renewed exemptions in
the month of January and are discussed
below. As of January 6, 2020, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following six individuals
have satisfied the renewal conditions for
obtaining an exemption from the
hearing requirement in the FMCSRs for
interstate CMV drivers:
Steven P. Andrews (FL)
John Brown (MN)
Jerry Doose (MN)
Andrew Hippler (ID)
Donald Howton, Jr. (NC)
Jonathan Ramos (NE)
The drivers were included in docket
number FMCSA–2015–0329, FMCSA–
2015–0326, and FMCSA–2017–0058.
Their exemptions are applicable as of
January 6, 2020, and will expire on
January 6, 2022.
In accordance with 49 U.S.C. 31136(e)
and 31315(b), the following groups of
drivers received renewed exemptions in
the month of January and are discussed
below. As of January 6, 2020, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following five individuals
have satisfied the renewal conditions for
obtaining an exemption from the
hearing requirement in the FMCSRs for
interstate CMV drivers:
Matthew Burgoyne (ID)
Mark Cole (MD)
Joshua Gelona (OK)
Reginald Holmes (AZ)
Eduardo Pedregal (TX)
The drivers were included in docket
number FMCSA–2012–0332 and
FMCSA–2016–0003. Their exemptions
are applicable as of January 8, 2020, and
will expire on January 8, 2022.
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V. Conditions and Requirements
The exemptions are extended subject
to the following conditions: (1) Each
driver must report any crashes or
accidents as defined in § 390.5; and (2)
report all citations and convictions for
disqualifying offenses under 49 CFR 383
and 49 CFR 391 to FMCSA; and (3) each
driver prohibited from operating a
motorcoach or bus with passengers in
interstate commerce. The driver must
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also have a copy of the exemption when
driving, for presentation to a duly
authorized Federal, State, or local
enforcement official. In addition, the
exemption does not exempt the
individual from meeting the applicable
CDL testing requirements. Each
exemption will be valid for 2 years
unless rescinded earlier by FMCSA. The
exemption will be rescinded if: (1) The
person fails 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).
VI. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
VII. Conclusion
Based upon its evaluation of the 11
exemption applications, FMCSA renews
the exemptions of the aforementioned
drivers from the hearing requirement in
§ 391.41 (b)(11). In accordance with 49
U.S.C. 31136(e) and 31315(b), each
exemption will be valid for two years
unless revoked earlier by FMCSA.
Issued on: January 10, 2020.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020–00554 Filed 1–14–20; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0159]
Parts and Accessories Necessary for
Safe Operation; Vision Systems North
America, Inc. Application for an
Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
The Federal Motor Carrier
Safety Administration (FMCSA)
announces its decision to grant Vision
Systems North America, Inc.’s (VSNA)
application for a limited 5-year
exemption to allow motor carriers to
operate commercial motor vehicles
(CMVs) with the company’s SmartVision high definition camera
monitoring system (Smart-Vision)
installed as an alternative to the two
rear-vision mirrors required by the
SUMMARY:
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Federal Motor Carrier Safety
Regulations (FMCSRs). The Agency has
determined that granting the exemption
to allow use of the Smart-Vision system
in lieu of mirrors would likely achieve
a level of safety equivalent to or greater
than the level of safety provided by the
regulation.
DATES: This exemption is effective
January 15, 2020 and ending January 15,
2025.
FOR FURTHER INFORMATION CONTACT: Mr.
Jose Cestero, Vehicle and Roadside
Operations Division, Office of Carrier,
Driver, and Vehicle Safety, MC-PSV,
Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001; (202) 366–5541; jose.cestero@
dot.gov.
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 online 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 FMCSRs.
FMCSA must publish a notice of each
exemption request in the Federal
Register (49 CFR 381.315(a)). The
Agency must provide the public an
opportunity to inspect the information
relevant to the application, including
any safety analyses that have been
conducted. The Agency must also
provide an opportunity for public
comment on the request.
The Agency reviews safety analyses
and public comments submitted, and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level that would be achieved by the
current regulation (49 CFR 381.305).
The decision of the Agency must be
published in the Federal Register (49
CFR 381.315(b)) with the reasons for
denying or granting the application and,
if granted, the name of the person or
class of persons receiving the
exemption, and the regulatory provision
from which the exemption is granted.
The notice must also specify the
effective period and explain the terms
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and conditions of the exemption. The
exemption may be renewed (49 CFR
381.300(b)).
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VSNA Application for Exemption
VSNA applied for an exemption from
49 CFR 393.80(a) to allow its SmartVision system to be installed as an
alternative to the two rear-vision mirrors
required on CMVs. A copy of the
application is included in the docket
referenced at the beginning of this
notice.
Section 393.80(a) of the FMCSRs
requires that each bus, truck, and trucktractor be equipped with two rear-vision
mirrors, one at each side. The mirrors
must be positioned to reflect to the
driver a view of the highway to the rear
and the area along both sides of the
CMV. Section 393.80(a) cross-references
NTHSA’s standards for mirrors on
motor vehicles (49 CFR 571.111, Federal
Motor Vehicle Safety Standard [FMVSS]
No. 111). Paragraph S7.1 of FMVSS No.
111 provides requirements for mirrors
on multipurpose passenger vehicles and
trucks with a gross vehicle weight rating
(GVWR) greater than 4,536 kg and less
than 11,340 kg and each bus, other than
a school bus, with a GVWR of more than
4,536 kg. Paragraph S8.1 provides
requirements for mirrors on
multipurpose passenger vehicles and
trucks with a GVWR of 11,340 kg or
more.
The Smart-Vision system consists of
multiple digital cameras firmly mounted
high on the exterior of the vehicle,
enclosed in an aerodynamic package
that provides both environmental
protection for the cameras and a
mounting location for optimal visibility.
Each camera has proprietary video
processing software that presents a
clear, high-definition image to the driver
by means of a monitor firmly mounted
to each A-pillar of the CMV, i.e., the
structural member between the
windshield and door of the cab. VSNA
explains that attaching the monitors to
the A-pillars avoids the creation of
incremental blind spots while
eliminating the blind spots associated
with conventional mirrors. VSNA states
that its Smart-Vision system meets or
exceeds the visibility requirements
provided in FMVSS No. 111 based on
the following factors:
• Increased field of view (FOV) when
compared to conventional mirrors—The
Smart-Vision system enables the driver
to see (1) vehicles and pedestrians in the
‘‘No-Zone,’’ (2) multiple lanes of traffic
and overtaking vehicles that are entering
the commercial vehicle ‘‘No-Zone,’’ (3)
tire fires, and (4) loose straps, ropes, or
chains when transporting open cargo.
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• Increased Image Quality—The
Smart-Vision system provides enhanced
vision in inclement weather, higher
visibility in low light conditions, and
filters out dawn and dusk sunlight glare,
improving driver visibility.
• Fail-safe design—The Smart-Vision
system elements have a fail-safe design
due to the independent video
processing of multiple camera images,
additionally supported by software
diagnostics to ensure that ‘‘real time
images’’ are displayed and that any
unlikely partial failure is clearly
identified.
• Reduced Driver Fatigue—The
Smart-Vision system results in less
lateral head and eye movement by the
driver due to the monitor location on
the A-pillar, and VSNA believes that
this may result in lower levels of driver
fatigue after extended driving times.
The exemption would apply to all
CMV operators driving vehicles with the
Smart-Vision system. VSNA believes
that mounting the system as described
would maintain a level of safety that is
equivalent to, or greater than, the level
of safety achieved without the
exemption.
Request for Comments
FMCSA published a notice of the
application in the Federal Register on
September 26, 2019, and asked for
public comment (84 FR 50878). The
Agency received 5 comments from: The
American Bus Association (ABA); the
Commercial Vehicle Safety Alliance
(CVSA); and 3 individuals.
ABA supports granting the
application to allow use of the SmartVision system as an alternative to the
two rear-view mirrors required by the
FMCSRs. ABA stated:
Camera-based visibility systems or CBVSs,
like the Smart-Vision technology, are vehicle
technology advancements ABA believes
should be deployed to improve safety of
CMV operations. Such systems are currently
being installed and tested by equipment
manufacturers in limited capacity; however,
to ascertain real-world viability, equipment
manufacturers need to deploy these systems
for use in actual commercial operations. As
with FMCSA’s decision to grant an
exemption to Stoneridge, Inc. for use of its
MirrorEye Camera Monitor System (see
Docket No. FMCSA–2018–0141, published
February 21, 2019), we believe the
deployment of VSNA’s system in place of
mirrors will achieve a level of safety
equivalent to or greater than the level of
safety provided by the regulation.
In addition, ABA stated that when
compared to traditional mirrors, the
Smart-Vision system provides
additional visibility benefits including
(1) anti-glare, (2) improved visibility at
night and during adverse weather
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conditions, and (3) elimination of blind
spots by providing a broader field of
vision around the vehicle. ABA noted
that the improvements in driver
visibility can lead to enhanced
maneuverability in backing up or
turning a large vehicle. ABA also stated
that eliminating the side mirrors may
also provide fuel efficiency gains and
carbon emission reductions, and may
assist in reducing actions that lead to
increased driver fatigue such as head
and eye movements.
Further, ABA states that granting the
exemption will be consistent with both
(1) FMCSA’s decision to grant an
exemption to Stoneridge, Inc. for a
similar system, and (2) recent activities
by NHTSA relating to possible revisions
to FMVSS No. 111. Specifically, NHTSA
published a notice and request for
public comment on August 28, 2019 (84
FR 45209), on a proposed collection of
information relating to a multi-year
research effort to learn about drivers’
use of camera-based systems designed to
replace traditional outside rearview
mirrors. Initial research will focus on
light vehicles and be followed by
research examining camera-based
visibility systems on heavy trucks.
Additionally, NHTSA published an
advance notice of proposed rulemaking
on October 10, 2019 (84 FR 54533),
seeking public comment on permitting
camera-based rear visibility systems as
an alternative to inside and outside
rearview mirrors.
CVSA stated that while it recognizes
there may be potential safety benefits of
the proposed technology, it does not
have data to support or refute the
efficacy of camera monitor systems
technology. However, CVSA noted that
its associate member companies that
have some experience with camera
monitor systems reported that ‘‘drivers
responded favorably when testing the
technology and preferred them in place
of traditional side mirrors.’’ CVSA noted
that in 2018, roadside inspectors
conducted 2.41 million vehicle
inspections and issued only 2,497
violations of section 393.80 of the
FMCSRs for failing to equip a vehicle
with two rear vision mirrors—a
violation rate of just 0.06 percent.
Additionally, CVSA noted that
granting the exemption may have
impacts on roadside enforcement
personnel, as inspectors use the mirrors
for purposes beyond the intent of the
FMVSS and the FMCSRs. Specifically,
CVSA states that roadside inspectors
use the mirrors to see what is happening
inside the cab, and to identify when
CMV drivers are operating a vehicle in
an unsafe manner, such as illegally
using a handheld electronic device, or
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not wearing a safety belt. Additionally,
roadside inspectors frequently use
mirrors to visually communicate with
drivers during roadside inspections,
when at the side or rear of the
inspection vehicle. CVSA stated that it
is unclear whether the technology has a
proven safety benefit, and noted
concern that exemptions from safety
regulations have the potential to
undermine consistency and uniformity
in compliance enforcement, and
encouraged FMCSA to consider the
roadside enforcement and inspection
aspects of rear vision mirror usage in the
evaluation of the application.
Three individuals commented in
support of granting the temporary
exemption, and noted various
advantages of the Smart-Vision system
as compared to the rear vision mirrors
required by the FMCSRs including (1)
improved field-of-view around a CMV,
including reduction/elimination glare
and blind spots (2) increased visibility
when driving at night and during
inclement weather, and (3) reduced
driver fatigue.
FMCSA Decision
The FMCSA has evaluated the VSNA
exemption application, and the
comments received. For the reasons
discussed below, FMCSA believes that
granting the exemption to allow motor
carriers to operate CMVs with the
Smart-Vision system installed as an
alternative to the two rear-vision mirrors
required by the FMCSRs is likely to
achieve a level of safety equivalent to or
greater than the level of safety provided
by the regulation.
Use of the Smart-Vision system
provides CMV drivers with an enhanced
field of view when compared to the
required rear-vision mirrors because (1)
it eliminates the blind spots on both
sides of the vehicle created by the
required rear-vision mirrors, (2) the
multi-camera system expands the field
of view compared to the required rearvision mirrors by an estimated 25
percent, and (3) the system uses high
definition cameras and monitors that
include features such as color night
vision, low light sensitivity, and light
and glare reduction that together help
provide drivers with improved vision in
the field of view when compared to
traditional rear-vision mirrors.
FMCSA notes that the Smart-Vision
system is currently being used in a
number of European countries as a legal
alternative to the traditional rear-vision
mirrors under the requirements of ISO
(International Organization for
Standardization) 16505:2019. That
standard provides minimum safety,
ergonomic, and performance
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requirements for camera monitor
systems to replace mandatory inside
and outside rearview mirrors for road
vehicles. The ISO standard addresses
camera monitor systems that will be
used in road vehicles to present the
required outside information of a
specific field of view inside the vehicle.
According to VSNA, there are
approximately 300 vehicles certified
with the Smart-Vision system to date.
FMCSA acknowledges CVSA’s
concerns regarding the inability of
roadside inspectors and law
enforcement officers to use rear-vision
mirrors for the other uses described in
its comments if the exemption is
granted to permit use of the SmartVision system in lieu of the mirrors.
However, use of the rear-vision mirrors
for purposes other than driver visibility
is beyond the scope of the FMCSR
requirements. FMCSA notes that
inspectors may still communicate with
drivers by means of hand signals/
gestures if the system is on, and the
driver will continue to see everything
that would have been in view with the
mirrors.
In its application, VSNA notes that
the Smart-Vision system is a fail-safe
operating system due to its independent
video processing of multiple camera
images. VSNA states:
In the unlikely event of an individual
camera failure, the other camera images
continue to be displayed. Proprietary
software ensures that real-time images are
continuously displayed without interruption.
In addition to the Smart-Vision multi-camera
redundant design, mounting the camera
housing high on the vehicle and providing
both a power-fold and breakaway feature
further reduce the potential damage that is
possible in normal operating environments.
The FMCSRs impose several
operational controls that will help
ensure that the Smart-Vision system is
functioning properly at all times.
Section 396.7 of the FMCSRs, ‘‘Unsafe
operations forbidden,’’ prohibits any
vehicle from being operated in such a
condition as to likely cause an accident
or breakdown of the vehicle. Section
392.7(a) requires each CMV driver to
satisfy himself/herself that a vehicle is
in safe condition before operating the
vehicle, which would include ensuring
that the rear-vision mirrors (or in this
case, the Smart-Vision system)—are in
good working order. Similarly, section
396.13(a) of the FMCSRs requires that,
before driving a vehicle, a driver must
be satisfied that the vehicle is in safe
operating condition. If the Smart-Vision
system (effectively functioning as the
rear vision mirrors) fails during
operation, the driver must complete a
driver vehicle inspection report at the
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completion of the work day as required
by section 396.11 of the FMCSRs, and
the motor carrier must ensure that the
defect is corrected.
Terms and Conditions for the
Exemption
The Agency hereby grants the
exemption for a 5-year period,
beginning January 15, 2020 and ending
January 15, 2025. During the temporary
exemption period, motor carriers
operating CMVs may utilize the VSNA
Smart-Vision system installed in lieu of
the two rear-vision mirrors required by
section 393.80 of the FMCSRs. FMCSA
emphasizes that this exemption is
limited to the VSNA Smart-Vision
system, and does not apply to any other
camera-based mirror replacement
system/technology. Section 396.7 of the
FMCSRs, ‘‘Unsafe operations
forbidden,’’ prohibits any vehicle from
being operated in such a condition as to
likely cause an accident or a breakdown
of the vehicle. If the camera or monitor
system fails during normal vehicle
operation on the highway, continued
operation of the vehicle shall be
forbidden until (1) the Smart-Vision
system can be repaired, or (2)
conventional rear-vision mirrors that are
compliant with section 393.80 are
installed on the vehicle.
The exemption will be valid for 5
years unless rescinded earlier by
FMCSA. The exemption will be
rescinded if: (1) Motor carriers and/or
CMVs fail to comply with the terms and
conditions of the exemption; (2) the
exemption has resulted in a lower level
of safety than was maintained before it
was granted; or (3) continuation of the
exemption would not be consistent with
the goals and objectives of 49 U.S.C.
31136(e) and 31315(b).
Interested parties possessing
information that would demonstrate
that motor carriers operating
commercial motor vehicles utilizing the
VSNA Smart-Vision system installed as
an alternative to the two rear-vision
mirrors required by section 393.80 of
the FMCSRs 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
In accordance with 49 U.S.C.
31313(d), as implemented by 49 CFR
381.600, during the period this
exemption is in effect, no State shall
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enforce any law or regulation applicable
to interstate commerce that conflicts
with or is inconsistent with this
exemption with respect to a firm or
person operating under the exemption.
States may, but are not required to,
adopt the same exemption with respect
to operations in intrastate commerce.
Issued on: January 6, 2020.
Jim Mullen,
Acting Administrator.
[FR Doc. 2020–00556 Filed 1–14–20; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2019–0108]
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Notice of Application for Approval of
Discontinuance or Modification of a
Railroad Signal System
Under part 235 of title 49 of the Code
of Federal Regulations (CFR) and 49
U.S.C. 20502(a), this provides the public
notice that on December 23, 2019,
representatives of the Florida, Gulf &
Atlantic Railroad LLC (FGA) petitioned
the Federal Railroad Administration
(FRA) seeking approval to discontinue
or modify a signal system. FRA assigned
the petition Docket Number FRA–2019–
0108.
Applicant: Florida, Gulf & Atlantic
Railroad LLC, Mr. Thomas G. Healey,
Fletcher & Sippel LLC, 29 North Wacker
Drive, Suite 800, Chicago, IL 60606–
3208.
Specifically, FGA requests permission
to discontinue its existing centralized
traffic control system (TCS) on ‘‘the
Line’’, which is the only portion of the
FGA that has TCS installed. The Line
(148.7 miles) originates at the
connection with CSX Transportation
(CSXT) milepost (MP) SP 653.3 at
Baldwin, Florida, and terminates in
connections with FGA’s remaining rail
system MP SP 802.0 at Tallahassee,
Florida.
Upon discontinuance of the TCS,
operations will be governed by track
warrant control (TWC) which is
currently the system of operations on
the remainder of FGA’s rail system.
The stated reason for the
discontinuance is that TWC, in lieu of
TCS, will substantially reduce operating
costs, allow for investment in critical
capital projects, and not reduce the
overall safety of operations.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov and in person at
the U.S. Department of Transportation’s
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(DOT) Docket Operations Facility, 1200
New Jersey Ave. SE, W12–140,
Washington, DC 20590. The Docket
Operations Facility is open from 9 a.m.
to 5 p.m., Monday through Friday,
except Federal Holidays.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested parties desire
an opportunity for oral comment and a
public hearing, they should notify FRA,
in writing, before the end of the
comment period and specify the basis
for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Website: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Ave. SE, W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Ave. SE, Room W12–140, Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
Holidays.
Communications received by March
2, 2020 will be considered by FRA
before final action is taken. Comments
received after that date will be
considered if practicable.
Anyone can search the electronic
form of any written communications
and comments received into any of our
dockets by the name of the individual
submitting the comment (or signing the
document, if submitted on behalf of an
association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits
comments from the public to better
inform its processes. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
See also https://www.regulations.gov/
#!privacyNotice for the privacy notice of
regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2020–00502 Filed 1–14–20; 8:45 am]
BILLING CODE 4910–06–P
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2012–0096]
Petition for Waiver of Compliance
Under part 211 of title 49 Code of
Federal Regulations (CFR), this provides
the public notice that on December 30,
2019, DPS Electronics, Inc. (DPS)
petitioned the Federal Railroad
Administration (FRA) for a waiver of
compliance from certain provisions of
the Federal railroad safety regulations
contained at 49 CFR part 232. FRA
assigned the petition Docket Number
FRA–2012–0096.
DPS is a Montana-based corporation
that specializes in designing and
manufacturing train telemetry and test
equipment. DPS seeks to extend its
waiver of compliance from the
requirements put forth in 49 CFR
232.409(d), Inspection and Testing of
End-of-Train Devices, for several end-of
train (EOT) and head-of-train (HOT)
device models. DPS previously received
a waiver for EOT device models DPS
2020 and DPS 2020-He on March 20,
2013. On July 10, 2015, DPS received a
waiver for HOT device models DPS
3030 HTD–CM and DPS 3030 I–HTD.
Subsequently, on January 10, 2017, DPS
received a waiver for an additional EOT
device model DPS 2020-He2. These
previous waivers were tied to Ritron,
Inc.’s waiver (Docket Number FRA–
2009–0015) covering three models of
their DTX radios.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov and in person at
the U.S. Department of Transportation’s
(DOT) Docket Operations Facility, 1200
New Jersey Ave. SE, W12–140,
Washington, DC 20590. The Docket
Operations Facility is open from 9 a.m.
to 5 p.m., Monday through Friday,
except Federal Holidays.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested parties desire
an opportunity for oral comment and a
public hearing, they should notify FRA,
in writing, before the end of the
comment period and specify the basis
for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
E:\FR\FM\15JAN1.SGM
15JAN1
Agencies
[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Notices]
[Pages 2486-2489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00556]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0159]
Parts and Accessories Necessary for Safe Operation; Vision
Systems North America, 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 Vision Systems North America, Inc.'s
(VSNA) application for a limited 5-year exemption to allow motor
carriers to operate commercial motor vehicles (CMVs) with the company's
Smart-Vision high definition camera monitoring system (Smart-Vision)
installed as an alternative to the two rear-vision mirrors required by
the Federal Motor Carrier Safety Regulations (FMCSRs). The Agency has
determined that granting the exemption to allow use of the Smart-Vision
system in lieu of mirrors would likely achieve a level of safety
equivalent to or greater than the level of safety provided by the
regulation.
DATES: This exemption is effective January 15, 2020 and ending January
15, 2025.
FOR FURTHER INFORMATION CONTACT: Mr. Jose Cestero, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, Federal Motor Carrier Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001; (202) 366-5541;
[email protected].
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 FMCSRs. FMCSA must publish a
notice of each exemption request in the Federal Register (49 CFR
381.315(a)). The Agency must provide the public an opportunity to
inspect the information relevant to the application, including any
safety analyses that have been conducted. The Agency must also provide
an opportunity for public comment on the request.
The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms
[[Page 2487]]
and conditions of the exemption. The exemption may be renewed (49 CFR
381.300(b)).
VSNA Application for Exemption
VSNA applied for an exemption from 49 CFR 393.80(a) to allow its
Smart-Vision system to be installed as an alternative to the two rear-
vision mirrors required on CMVs. A copy of the application is included
in the docket referenced at the beginning of this notice.
Section 393.80(a) of the FMCSRs requires that each bus, truck, and
truck-tractor be equipped with two rear-vision mirrors, one at each
side. The mirrors must be positioned to reflect to the driver a view of
the highway to the rear and the area along both sides of the CMV.
Section 393.80(a) cross-references NTHSA's standards for mirrors on
motor vehicles (49 CFR 571.111, Federal Motor Vehicle Safety Standard
[FMVSS] No. 111). Paragraph S7.1 of FMVSS No. 111 provides requirements
for mirrors on multipurpose passenger vehicles and trucks with a gross
vehicle weight rating (GVWR) greater than 4,536 kg and less than 11,340
kg and each bus, other than a school bus, with a GVWR of more than
4,536 kg. Paragraph S8.1 provides requirements for mirrors on
multipurpose passenger vehicles and trucks with a GVWR of 11,340 kg or
more.
The Smart-Vision system consists of multiple digital cameras firmly
mounted high on the exterior of the vehicle, enclosed in an aerodynamic
package that provides both environmental protection for the cameras and
a mounting location for optimal visibility. Each camera has proprietary
video processing software that presents a clear, high-definition image
to the driver by means of a monitor firmly mounted to each A-pillar of
the CMV, i.e., the structural member between the windshield and door of
the cab. VSNA explains that attaching the monitors to the A-pillars
avoids the creation of incremental blind spots while eliminating the
blind spots associated with conventional mirrors. VSNA states that its
Smart-Vision system meets or exceeds the visibility requirements
provided in FMVSS No. 111 based on the following factors:
Increased field of view (FOV) when compared to
conventional mirrors--The Smart-Vision system enables the driver to see
(1) vehicles and pedestrians in the ``No-Zone,'' (2) multiple lanes of
traffic and overtaking vehicles that are entering the commercial
vehicle ``No-Zone,'' (3) tire fires, and (4) loose straps, ropes, or
chains when transporting open cargo.
Increased Image Quality--The Smart-Vision system provides
enhanced vision in inclement weather, higher visibility in low light
conditions, and filters out dawn and dusk sunlight glare, improving
driver visibility.
Fail-safe design--The Smart-Vision system elements have a
fail-safe design due to the independent video processing of multiple
camera images, additionally supported by software diagnostics to ensure
that ``real time images'' are displayed and that any unlikely partial
failure is clearly identified.
Reduced Driver Fatigue--The Smart-Vision system results in
less lateral head and eye movement by the driver due to the monitor
location on the A-pillar, and VSNA believes that this may result in
lower levels of driver fatigue after extended driving times.
The exemption would apply to all CMV operators driving vehicles
with the Smart-Vision system. VSNA believes that mounting the system as
described would maintain a level of safety that is equivalent to, or
greater than, the level of safety achieved without the exemption.
Request for Comments
FMCSA published a notice of the application in the Federal Register
on September 26, 2019, and asked for public comment (84 FR 50878). The
Agency received 5 comments from: The American Bus Association (ABA);
the Commercial Vehicle Safety Alliance (CVSA); and 3 individuals.
ABA supports granting the application to allow use of the Smart-
Vision system as an alternative to the two rear-view mirrors required
by the FMCSRs. ABA stated:
Camera-based visibility systems or CBVSs, like the Smart-Vision
technology, are vehicle technology advancements ABA believes should
be deployed to improve safety of CMV operations. Such systems are
currently being installed and tested by equipment manufacturers in
limited capacity; however, to ascertain real-world viability,
equipment manufacturers need to deploy these systems for use in
actual commercial operations. As with FMCSA's decision to grant an
exemption to Stoneridge, Inc. for use of its MirrorEye Camera
Monitor System (see Docket No. FMCSA-2018-0141, published February
21, 2019), we believe the deployment of VSNA's system in place of
mirrors will achieve a level of safety equivalent to or greater than
the level of safety provided by the regulation.
In addition, ABA stated that when compared to traditional mirrors,
the Smart-Vision system provides additional visibility benefits
including (1) anti-glare, (2) improved visibility at night and during
adverse weather conditions, and (3) elimination of blind spots by
providing a broader field of vision around the vehicle. ABA noted that
the improvements in driver visibility can lead to enhanced
maneuverability in backing up or turning a large vehicle. ABA also
stated that eliminating the side mirrors may also provide fuel
efficiency gains and carbon emission reductions, and may assist in
reducing actions that lead to increased driver fatigue such as head and
eye movements.
Further, ABA states that granting the exemption will be consistent
with both (1) FMCSA's decision to grant an exemption to Stoneridge,
Inc. for a similar system, and (2) recent activities by NHTSA relating
to possible revisions to FMVSS No. 111. Specifically, NHTSA published a
notice and request for public comment on August 28, 2019 (84 FR 45209),
on a proposed collection of information relating to a multi-year
research effort to learn about drivers' use of camera-based systems
designed to replace traditional outside rearview mirrors. Initial
research will focus on light vehicles and be followed by research
examining camera-based visibility systems on heavy trucks.
Additionally, NHTSA published an advance notice of proposed rulemaking
on October 10, 2019 (84 FR 54533), seeking public comment on permitting
camera-based rear visibility systems as an alternative to inside and
outside rearview mirrors.
CVSA stated that while it recognizes there may be potential safety
benefits of the proposed technology, it does not have data to support
or refute the efficacy of camera monitor systems technology. However,
CVSA noted that its associate member companies that have some
experience with camera monitor systems reported that ``drivers
responded favorably when testing the technology and preferred them in
place of traditional side mirrors.'' CVSA noted that in 2018, roadside
inspectors conducted 2.41 million vehicle inspections and issued only
2,497 violations of section 393.80 of the FMCSRs for failing to equip a
vehicle with two rear vision mirrors--a violation rate of just 0.06
percent.
Additionally, CVSA noted that granting the exemption may have
impacts on roadside enforcement personnel, as inspectors use the
mirrors for purposes beyond the intent of the FMVSS and the FMCSRs.
Specifically, CVSA states that roadside inspectors use the mirrors to
see what is happening inside the cab, and to identify when CMV drivers
are operating a vehicle in an unsafe manner, such as illegally using a
handheld electronic device, or
[[Page 2488]]
not wearing a safety belt. Additionally, roadside inspectors frequently
use mirrors to visually communicate with drivers during roadside
inspections, when at the side or rear of the inspection vehicle. CVSA
stated that it is unclear whether the technology has a proven safety
benefit, and noted concern that exemptions from safety regulations have
the potential to undermine consistency and uniformity in compliance
enforcement, and encouraged FMCSA to consider the roadside enforcement
and inspection aspects of rear vision mirror usage in the evaluation of
the application.
Three individuals commented in support of granting the temporary
exemption, and noted various advantages of the Smart-Vision system as
compared to the rear vision mirrors required by the FMCSRs including
(1) improved field-of-view around a CMV, including reduction/
elimination glare and blind spots (2) increased visibility when driving
at night and during inclement weather, and (3) reduced driver fatigue.
FMCSA Decision
The FMCSA has evaluated the VSNA exemption application, and the
comments received. For the reasons discussed below, FMCSA believes that
granting the exemption to allow motor carriers to operate CMVs with the
Smart-Vision system installed as an alternative to the two rear-vision
mirrors required by the FMCSRs is likely to achieve a level of safety
equivalent to or greater than the level of safety provided by the
regulation.
Use of the Smart-Vision system provides CMV drivers with an
enhanced field of view when compared to the required rear-vision
mirrors because (1) it eliminates the blind spots on both sides of the
vehicle created by the required rear-vision mirrors, (2) the multi-
camera system expands the field of view compared to the required rear-
vision mirrors by an estimated 25 percent, and (3) the system uses high
definition cameras and monitors that include features such as color
night vision, low light sensitivity, and light and glare reduction that
together help provide drivers with improved vision in the field of view
when compared to traditional rear-vision mirrors.
FMCSA notes that the Smart-Vision system is currently being used in
a number of European countries as a legal alternative to the
traditional rear-vision mirrors under the requirements of ISO
(International Organization for Standardization) 16505:2019. That
standard provides minimum safety, ergonomic, and performance
requirements for camera monitor systems to replace mandatory inside and
outside rearview mirrors for road vehicles. The ISO standard addresses
camera monitor systems that will be used in road vehicles to present
the required outside information of a specific field of view inside the
vehicle. According to VSNA, there are approximately 300 vehicles
certified with the Smart-Vision system to date.
FMCSA acknowledges CVSA's concerns regarding the inability of
roadside inspectors and law enforcement officers to use rear-vision
mirrors for the other uses described in its comments if the exemption
is granted to permit use of the Smart-Vision system in lieu of the
mirrors. However, use of the rear-vision mirrors for purposes other
than driver visibility is beyond the scope of the FMCSR requirements.
FMCSA notes that inspectors may still communicate with drivers by means
of hand signals/gestures if the system is on, and the driver will
continue to see everything that would have been in view with the
mirrors.
In its application, VSNA notes that the Smart-Vision system is a
fail-safe operating system due to its independent video processing of
multiple camera images. VSNA states:
In the unlikely event of an individual camera failure, the other
camera images continue to be displayed. Proprietary software ensures
that real-time images are continuously displayed without
interruption. In addition to the Smart-Vision multi-camera redundant
design, mounting the camera housing high on the vehicle and
providing both a power-fold and breakaway feature further reduce the
potential damage that is possible in normal operating environments.
The FMCSRs impose several operational controls that will help
ensure that the Smart-Vision system is functioning properly at all
times. Section 396.7 of the FMCSRs, ``Unsafe operations forbidden,''
prohibits any vehicle from being operated in such a condition as to
likely cause an accident or breakdown of the vehicle. Section 392.7(a)
requires each CMV driver to satisfy himself/herself that a vehicle is
in safe condition before operating the vehicle, which would include
ensuring that the rear-vision mirrors (or in this case, the Smart-
Vision system)--are in good working order. Similarly, section 396.13(a)
of the FMCSRs requires that, before driving a vehicle, a driver must be
satisfied that the vehicle is in safe operating condition. If the
Smart-Vision system (effectively functioning as the rear vision
mirrors) fails during operation, the driver must complete a driver
vehicle inspection report at the completion of the work day as required
by section 396.11 of the FMCSRs, and the motor carrier must ensure that
the defect is corrected.
Terms and Conditions for the Exemption
The Agency hereby grants the exemption for a 5-year period,
beginning January 15, 2020 and ending January 15, 2025. During the
temporary exemption period, motor carriers operating CMVs may utilize
the VSNA Smart-Vision system installed in lieu of the two rear-vision
mirrors required by section 393.80 of the FMCSRs. FMCSA emphasizes that
this exemption is limited to the VSNA Smart-Vision system, and does not
apply to any other camera-based mirror replacement system/technology.
Section 396.7 of the FMCSRs, ``Unsafe operations forbidden,'' prohibits
any vehicle from being operated in such a condition as to likely cause
an accident or a breakdown of the vehicle. If the camera or monitor
system fails during normal vehicle operation on the highway, continued
operation of the vehicle shall be forbidden until (1) the Smart-Vision
system can be repaired, or (2) conventional rear-vision mirrors that
are compliant with section 393.80 are installed on the vehicle.
The exemption will be valid for 5 years unless rescinded earlier by
FMCSA. The exemption will be rescinded if: (1) Motor carriers and/or
CMVs fail to comply with the terms and conditions of the exemption; (2)
the exemption has resulted in a lower level of safety than was
maintained before it was granted; or (3) continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315(b).
Interested parties possessing information that would demonstrate
that motor carriers operating commercial motor vehicles utilizing the
VSNA Smart-Vision system installed as an alternative to the two rear-
vision mirrors required by section 393.80 of the FMCSRs 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
In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
[[Page 2489]]
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.
Issued on: January 6, 2020.
Jim Mullen,
Acting Administrator.
[FR Doc. 2020-00556 Filed 1-14-20; 8:45 am]
BILLING CODE 4910-EX-P