Parts and Accessories Necessary for Safe Operation; Robert Bosch, LLC and Mekra Lang North America, LLC Application for an Exemption, 58106-58108 [2020-20470]
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Federal Register / Vol. 85, No. 181 / Thursday, September 17, 2020 / Notices
carry out the assumed responsibilities.
Other non-compliance observations
could suggest a persistent failure to
adequately consult, coordinate, or
consider the concerns of other Federal,
State, Tribal, or local agencies with
oversight, consultation, or coordination
responsibilities. The FHWA expects
UDOT to develop and implement
corrective actions to address all noncompliance observations.
The following non-compliance
observation relates to UDOT not
complying with the State’s
environmental review procedures.
Non-Compliance Observation #1—
Issuing a Document Without Final Legal
Sufficiency Finding
As noted in UDOT’s Self-Assessment
and confirmed through audit interviews
and project file reviews, the Audit Team
learned that in the case of one project’s
individual Section 4(f) evaluation, while
outside counsel reviewed and
commented on the draft evaluation prior
to its release, the project file contained
no documentation demonstrating that
the required legal sufficiency review
was completed pursuant to 23 CFR
771.125(b) and/or 23 CFR 774.7(d) prior
to UDOT’s approval of the evaluation.
This was also not in accordance with
UDOT’s QA/QC plan, Section 4.1.B,
which requires the reviewing attorney
provide the Environmental Program
Manager with written documentation
that the legal sufficiency review has
been completed. The UDOT’s response
to the draft audit report indicated that
they have since implemented a standard
checklist form, to be completed by legal
counsel, to document their project
review to clarify the documentation of
legal sufficiency reviews.
jbell on DSKJLSW7X2PROD with NOTICES
Next Steps
The FHWA provided this draft audit
report to UDOT for a 30-day review and
comment period. The Audit Team
considered UDOT comments in
developing this draft audit report. The
FHWA will publish a notice in the
Federal Register for a 30-day comment
period in accordance with 23 U.S.C.
327(g)(2)(A). No later than 60 days after
the close of the comment period, FHWA
will respond to all comments submitted
to finalize this draft audit report
pursuant to 23 U.S.C. 327(g)(2)(B). Once
finalized, FHWA will publish the final
audit report in the Federal Register.
[FR Doc. 2020–20530 Filed 9–16–20; 8:45 am]
17:37 Sep 16, 2020
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0286]
Parts and Accessories Necessary for
Safe Operation; Robert Bosch, LLC
and Mekra Lang North America, LLC
Application for an Exemption
Federal Motor Carrier Safety
Administration (FMCSA),
Transportation (DOT).
ACTION: Notice of final disposition.
AGENCY:
The Federal Motor Carrier
Safety Administration (FMCSA)
announces its decision to grant a limited
5-year exemption to Robert Bosch, LLC
and Mekra Lang North America, LLC
(Bosch and Mekra Lang) to allow motor
carriers to operate commercial motor
vehicles (CMVs) with the companies’
CV (Commercial Vehicle) Digital Mirror
System 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
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
September 17, 2020 and ending
September 17, 2025.
FOR FURTHER INFORMATION CONTACT: Mr.
Luke Loy, 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) 366–0676; luke.loy@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. To be
sure someone is there to help you,
please call (202) 366–9317 or (202) 366–
9826 before visiting Docket Operations.
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:
SUMMARY:
Background
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
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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 (up to 5 years) and
explain the terms and conditions of the
exemption. The exemption may be
renewed (49 CFR 381.300(b)).
Bosch and Mekra Lang Application for
Exemption
Bosch and Mekra Lang applied for an
exemption from 49 CFR 393.80(a) to
allow its CV Digital Mirror 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
the National Highway Traffic Safety
Administration’s (NHTSA) 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 CV Digital Mirror System consists
of multiple digital cameras firmly
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Federal Register / Vol. 85, No. 181 / Thursday, September 17, 2020 / Notices
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 the left and
right A-pillar of the CMV, i.e., the
structural member between the
windshield and door of the cab. Bosch
and Mekra Lang explain that attaching
the monitors to the A-pillars avoids the
creation of additional blind spots while
eliminating the blind spots associated
with conventional mirrors. Bosch and
Mekra Lang state that its CV Digital
Mirror System meets or exceeds the
visibility requirements provided in
FMVSS No. 111 based on the following
factors:
• The cameras and screens are
securely mounted to ensure that
vibration does not adversely affect field
of vision or cause the driver to
misinterpret images.
• The system tracks the end of the
trailer and pans the camera’s view to
ensure that the trailer’s end remains in
view while it is in motion.
• The left and right video channels
are processed independently so that a
failure of one camera or one monitor
does not affect the camera or monitor on
the opposite side.
• The system reduces glare from
ambient light, provides color night
vision, and uses lowlight functionality.
• The screen uses anti-glare, antireflection, and anti-fingerprinting
coating to keep the screens readable in
a variety of environmental conditions.
• The system’s ergonomics are such
that it requires reduced upper-body
range of motion, thereby reducing driver
fatigue.
• The system’s fixed-mount design
eliminates the need for aim adjusting for
different drivers.
• Polarization of the screen is aligned
with that in polarized sunglasses so that
the screen remains visible to operators
using such sunglasses.
The exemption would apply to all
CMV operators driving vehicles with the
CV Digital Mirror System. Bosch and
Mekra Lang believe 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
January 30, 2020, and asked for public
comment (85 FR 5534). The Agency
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17:37 Sep 16, 2020
Jkt 250001
received 3 comments, from the
American Bus Association (ABA) and 2
individuals.
ABA supports granting the
application, stating:
Camera-based visibility systems or CBVSs,
like the CV Digital Mirror System 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), and Vision
Systems North America for its SmartVision
system (see Docket No. FMCSA–FMCSA–
2019–0159, published January 15, 2020) in
place of mirrors[, the CV Digital Mirror
System] 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 CV
Digital Mirror 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. In addition to
noting that the exemption would be
consistent with FMCSA’s decision to
grant exemptions to Stoneridge, Inc. and
Vision Systems for similar systems,
ABA also stated that granting the
exemption is consistent with 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
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58107
rear visibility systems as an alternative
to inside and outside rearview mirrors.
Two individuals provided comments
and noted concerns with the CV Digital
Mirror System. One commenter
suggested that the cameras be used in
conjunction with standard rearview
mirrors, rather than replacing them, due
to concerns that an unsafe operating
condition would exist in the event of a
camera failure. Another commenter
noted that neither the FMCSRs nor the
CVSA out-of-service criteria address
camera-based mirror systems.
FMCSA Decision
The FMCSA has evaluated the Bosch
and Mekra Lang 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 CV Digital Mirror 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 CV Digital Mirror 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 CV Digital
Mirror system is currently being used in
a number of European countries as a
legal alternative to the traditional rearvision mirrors under the requirements
of ISO (International Organization for
Standardization) 16505 Rev 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.
The CV Digital Mirror System has also
been validated to meet ISO 26262–2011,
Road Vehicles—Functional Safety; and
United Nations Economic Commission
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Federal Register / Vol. 85, No. 181 / Thursday, September 17, 2020 / Notices
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for Europe (UNECE) R46 rev 06—
Devices for Indirect Vision.
FMCSA acknowledges the concerns of
the two individual commenters
regarding use of the CV Digital Mirror
System. The FMCSRs impose several
operational controls that will help
ensure that the CV Digital Mirror
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 are (or in this case, that the CV
Digital Mirror System is) 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 CV Digital
Mirror 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 September 17, 2020 and
ending September 17, 2025. During the
temporary exemption period, motor
carriers operating CMVs may utilize the
Bosch and Mekra Lang CV Digital
Mirror 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 Bosch and Mekra Lang CV
Digital Mirror 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
CV Digital Mirror 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
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17:37 Sep 16, 2020
Jkt 250001
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 CMVs
utilizing the Bosch and Mekra Lang CV
Digital Mirror System installed as an
alternative to two rear-vision mirrors 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
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.
James W. Deck,
Deputy Administrator.
[FR Doc. 2020–20470 Filed 9–16–20; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Revised Notice of Intent To Prepare an
Environmental Impact Statement for
the Link Union Station Project, Los
Angeles, CA
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice.
AGENCY:
The Federal Railroad
Administration (FRA), on behalf of the
California High-Speed Rail Authority
(Authority), as the federal lead agency
under National Environmental Policy
Act (NEPA) Assignment is issuing this
notice to advise other Federal, state,
local, and tribal agencies and the public
that the Authority intends to revise the
scope of the analysis of the
Environmental Impact Statement (EIS)
for the Link Union Station Project (Link
SUMMARY:
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Frm 00076
Fmt 4703
Sfmt 4703
US Project) in the cities of Los Angeles
and Vernon, California, compliance
with relevant state and federal laws, in
particular NEPA.
DATES: Written comments on the scope
of the Link US Project EIS should be
provided to the Authority or Metro
starting on September 18, 2020, and
must be received by the Authority or
Metro on or before October 19, 2020, as
noted below. In response to COVID–19,
a virtual public scoping meeting is
scheduled to occur on October 8, 2020,
6:00 p.m. to 8:00 p.m., Pacific Time.
Prior to the scoping meeting date and
time noted above, information regarding
how to participate in the virtual meeting
will be provided at the following
location: https://www.metro.net/
projects/link-us/. Additionally, further
information can be obtained by calling
213–922–2524. Spanish, Chinese
(Simplified), and Japanese translation
will be provided. You may call 213–
922–2499 at least 72 hours in advance
of the meeting to request ADA
accommodations or other translation
services. The scoping presentation and
all materials presented during the
virtual scoping meeting will be made
available on Metro’s website referenced
above.
ADDRESSES: Questions or written
comments on the scope of the Link US
Project EIS should be sent to Mark A.
McLoughlin, Director, Environmental
Services Branch, ATTN: Link US
Project, California High-Speed Rail
Authority, 770 L Street, Suite 620,
Sacramento, CA 95814 or via email with
the subject line ‘‘Link US Project’’ to
Mark.McLoughlin@hsr.ca.gov or to
Vincent Chio, Metro, Director of
Program Management, Regional Rail,
Los Angeles County Metropolitan
Transportation Authority, One Gateway
Plaza (Mail Stop 99–17–2, Los Angeles,
CA 90012 or via email with the subject
line ‘‘Link US Project’’ to:
linkunionstation@metro.net). Comments
may also be provided during the virtual
public scoping meeting described above.
FOR FURTHER INFORMATION CONTACT: For
the Authority: Mark A. McLoughlin,
Director of Environmental Services,
California High-Speed Rail Authority,
(telephone: 916–403–6934; email:
mark.mcloughlin@hsr.ca.gov). For the
FRA: Stephanie B. Perez-Arrieta,
Regional Lead, Environmental
Protection Specialist, Federal Railroad
Administration (telephone: 202–493–
0388; email: s.perez-arrieta@dot.gov).
SUPPLEMENTARY INFORMATION: The Los
Angeles County Metropolitan
Transportation Authority (Metro) is a
joint-lead agency under NEPA and the
local project sponsor for the Link US
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]]>Agencies
[Federal Register Volume 85, Number 181 (Thursday, September 17, 2020)]
[Notices]
[Pages 58106-58108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20470]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0286]
Parts and Accessories Necessary for Safe Operation; Robert Bosch,
LLC and Mekra Lang North America, LLC Application for an Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA),
Transportation (DOT).
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant a limited 5-year exemption to Robert
Bosch, LLC and Mekra Lang North America, LLC (Bosch and Mekra Lang) to
allow motor carriers to operate commercial motor vehicles (CMVs) with
the companies' CV (Commercial Vehicle) Digital Mirror System 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 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 September 17, 2020 and ending
September 17, 2025.
FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, 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) 366-0676; [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. To be sure someone is there to
help you, please call (202) 366-9317 or (202) 366-9826 before visiting
Docket Operations. 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 (up to 5
years) and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
Bosch and Mekra Lang Application for Exemption
Bosch and Mekra Lang applied for an exemption from 49 CFR 393.80(a)
to allow its CV Digital Mirror 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 the National Highway Traffic Safety
Administration's (NHTSA) 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 CV Digital Mirror System consists of multiple digital cameras
firmly
[[Page 58107]]
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 the left and
right A-pillar of the CMV, i.e., the structural member between the
windshield and door of the cab. Bosch and Mekra Lang explain that
attaching the monitors to the A-pillars avoids the creation of
additional blind spots while eliminating the blind spots associated
with conventional mirrors. Bosch and Mekra Lang state that its CV
Digital Mirror System meets or exceeds the visibility requirements
provided in FMVSS No. 111 based on the following factors:
The cameras and screens are securely mounted to ensure
that vibration does not adversely affect field of vision or cause the
driver to misinterpret images.
The system tracks the end of the trailer and pans the
camera's view to ensure that the trailer's end remains in view while it
is in motion.
The left and right video channels are processed
independently so that a failure of one camera or one monitor does not
affect the camera or monitor on the opposite side.
The system reduces glare from ambient light, provides
color night vision, and uses lowlight functionality.
The screen uses anti-glare, anti-reflection, and anti-
fingerprinting coating to keep the screens readable in a variety of
environmental conditions.
The system's ergonomics are such that it requires reduced
upper-body range of motion, thereby reducing driver fatigue.
The system's fixed-mount design eliminates the need for
aim adjusting for different drivers.
Polarization of the screen is aligned with that in
polarized sunglasses so that the screen remains visible to operators
using such sunglasses.
The exemption would apply to all CMV operators driving vehicles
with the CV Digital Mirror System. Bosch and Mekra Lang believe 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 January 30, 2020, and asked for public comment (85 FR 5534). The
Agency received 3 comments, from the American Bus Association (ABA) and
2 individuals.
ABA supports granting the application, stating:
Camera-based visibility systems or CBVSs, like the CV Digital
Mirror System 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), and Vision Systems North America for its
SmartVision system (see Docket No. FMCSA-FMCSA-2019-0159, published
January 15, 2020) in place of mirrors[, the CV Digital Mirror
System] 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 CV Digital Mirror 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. In addition to noting that the exemption would be
consistent with FMCSA's decision to grant exemptions to Stoneridge,
Inc. and Vision Systems for similar systems, ABA also stated that
granting the exemption is consistent with 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.
Two individuals provided comments and noted concerns with the CV
Digital Mirror System. One commenter suggested that the cameras be used
in conjunction with standard rearview mirrors, rather than replacing
them, due to concerns that an unsafe operating condition would exist in
the event of a camera failure. Another commenter noted that neither the
FMCSRs nor the CVSA out-of-service criteria address camera-based mirror
systems.
FMCSA Decision
The FMCSA has evaluated the Bosch and Mekra Lang 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 CV Digital Mirror 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 CV Digital Mirror 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 CV Digital Mirror 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 Rev 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. The CV Digital Mirror System has also been validated to meet
ISO 26262-2011, Road Vehicles--Functional Safety; and United Nations
Economic Commission
[[Page 58108]]
for Europe (UNECE) R46 rev 06--Devices for Indirect Vision.
FMCSA acknowledges the concerns of the two individual commenters
regarding use of the CV Digital Mirror System. The FMCSRs impose
several operational controls that will help ensure that the CV Digital
Mirror 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 are (or in this case, that the CV Digital Mirror System
is) 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 CV Digital
Mirror 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 September 17, 2020 and ending September 17, 2025. During the
temporary exemption period, motor carriers operating CMVs may utilize
the Bosch and Mekra Lang CV Digital Mirror 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 Bosch and Mekra
Lang CV Digital Mirror 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 CV Digital Mirror 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 CMVs utilizing the Bosch and Mekra Lang
CV Digital Mirror System installed as an alternative to two rear-vision
mirrors 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
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.
James W. Deck,
Deputy Administrator.
[FR Doc. 2020-20470 Filed 9-16-20; 8:45 am]
BILLING CODE 4910-EX-P
