Parts and Accessories Necessary for Safe Operation; Exemption Renewal for Stoneridge, Inc., 7437-7439 [2024-02081]
Download as PDF
Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Notices
Detailed agenda information will be
posted on the FAA Committee website
address listed in the ADDRESSES section
at least one week in advance of the
meeting.
III. Public Participation
The meeting will be open to the
public for virtual or in person
attendance on a first-come, first-served
basis, as there is limited space. Please
confirm your attendance with the
person listed in the FOR FURTHER
INFORMATION CONTACT section and
provide the following information: full
legal name, country of citizenship, and
name of your industry association or
applicable affiliation. Please indicate if
you plan to observe the meeting in
person or virtually. The FAA will email
registrants the meeting access
information in a timely manner prior to
the start of the meeting.
The U.S. Department of
Transportation is committed to
providing equal access to this meeting
for all participants. If you need
alternative formats or services because
of a disability, such as sign language,
interpretation, or other ancillary aids,
please contact the person listed in the
FOR FURTHER INFORMATION CONTACT
section.
The FAA is not accepting oral
presentations at this meeting due to
time constraints. Any member of the
public may present a written statement
to the committee at any time. The public
may present written statements to
ARAC by providing a copy to the
Designated Federal Officer via the email
listed in the FOR FURTHER INFORMATION
CONTACT section.
Issued in Washington, DC, on January 29,
2024.
Brandon Roberts,
Executive Director, Office of Rulemaking.
[FR Doc. 2024–02091 Filed 2–1–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
I. Public Participation and Request for
Comments
Federal Motor Carrier Safety
Administration
A. Submitting Comments
[Docket No. FMCSA–2018–0141]
Parts and Accessories Necessary for
Safe Operation; Exemption Renewal
for Stoneridge, Inc.
khammond on DSKJM1Z7X2PROD with NOTICES
Stoneridge, Inc.’s (Stoneridge)
exemption, which will allow motor
carriers to operate commercial motor
vehicles (CMV) with the company’s
MirrorEyeTM Camera Monitor System
(CMS) installed as an alternative to the
two rear-vision mirrors required by the
Federal Motor Carrier Safety
Regulations (FMCSRs). The exemption
is renewed for 5 years, unless revoked
earlier.
DATES: This renewed exemption is
effective February 13, 2024, through
February 12, 2029, unless revoked
earlier. Comments must be received on
or before March 4, 2024.
ADDRESSES: You may submit comments
identified by docket number FMCSA–
2018–0141 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/docket/
FMCSA-2018-0141/document. Follow
the online instructions for submitting
comments.
• Mail: Dockets Operations, U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Washington, DC 20590–
0001.
• Hand Delivery or Courier: Dockets
Operations, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, West Building, Ground
Floor, Washington, DC 20590–0001,
between 9 a.m. and 5 p.m. ET, Monday
through Friday, except Federal holidays.
• Fax: (202) 493–2251.
FOR FURTHER INFORMATION CONTACT: Mr.
David Sutula, Chief, Vehicle and
Roadside Operations Division, Office of
Carrier, Driver, and Vehicle Safety,
FMCSA, 1200 New Jersey Avenue SE,
Washington, DC 20590–0001; (202) 366–
9209; MCPSV@dot.gov. If you have
questions on viewing or submitting
material to the docket, call Dockets
Operations at (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of provisional renewal of
exemption; request for comments.
AGENCY:
FMCSA announces its
decision to provisionally renew
SUMMARY:
VerDate Sep<11>2014
17:08 Feb 01, 2024
Jkt 262001
If you submit a comment, please
include the docket number for this
notice (FMCSA–2018–0141), indicate
the specific section of this document to
which the comment applies, and
provide a reason for suggestions or
recommendations. You may submit
your comments and material online or
by fax, mail, or hand delivery, but
please use only one of these means.
FMCSA recommends that you include
your name and a mailing address, an
email address, or a phone number in the
body of your document so the Agency
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
7437
can contact you if it has questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov/docket/
FMCSA-2018-0141/document, click on
this notice, click ‘‘Comment,’’ and type
your comment into the text box on the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing.
If you submit comments by mail and
would like to know that they reached
the facility, please enclose a stamped,
self-addressed postcard or envelope.
FMCSA will consider all comments
and material received during the
comment period. Comments received
after the comment closing date will be
filed in the public docket and will be
considered to the extent practicable.
Confidential Business Information (CBI)
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments
responsive to the notice contain
commercial or financial information
that is customarily treated as private,
that you actually treat as private, and
that is relevant or responsive to the
notice, it is important that you clearly
designate the submitted comments as
CBI. Please mark each page of your
submission that constitutes CBI as
‘‘PROPIN’’ to indicate it contains
proprietary information. FMCSA will
treat such marked submissions as
confidential under the Freedom of
Information Act, and they will not be
placed in the public docket of the
notice. Submissions containing CBI
should be sent to Brian Dahlin, Chief,
Regulatory Evaluation Division, Office
of Policy, FMCSA, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001 or via email at brian.g.dahlin@
dot.gov. At this time, you need not send
a duplicate hardcopy of your electronic
CBI submissions to FMCSA
headquarters. Any comments FMCSA
receives not specifically designated as
CBI will be placed in the public docket
for this notice.
B. Viewing Comments and Documents
To view any documents mentioned as
being available in the docket, go to
https://www.regulations.gov/docket/
FMCSA-2018-0141/document and
choose the document to review. To view
E:\FR\FM\02FEN1.SGM
02FEN1
7438
Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Notices
comments, click this notice, then click
‘‘Browse Comments.’’ If you do not have
access to the internet, you may view the
docket online by visiting Dockets
Operations on the ground floor of the
DOT West Building, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001, 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 Dockets
Operations.
C. Privacy
In accordance with 49 U.S.C.
31315(b)(6), DOT solicits comments
from the public to better inform its
exemption process. DOT posts these
comments, including any personal
information the commenter provides, to
www.regulations.gov as described in the
system of records notice DOT/ALL 14
(Federal Docket Management System
(FDMS)), which can be reviewed under
the ‘‘Department Wide System of
Records Notices’’ at https://
www.transportation.gov/individuals/
privacy/privacy-act-system-recordsnotices. The comments are posted
without edit and are searchable by the
name of the submitter.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315(b)(2) and 49 CFR
381.300(b) to renew an exemption from
the FMCSRs for subsequent 5-year
periods if it finds that such exemption
would likely maintain a level of safety
that is equivalent to, or greater than, the
level that would be achieved by the
current regulation (49 CFR 381.305(a)).
Stoneridge has requested a 5-year
extension of its current exemption.
III. Background
khammond on DSKJM1Z7X2PROD with NOTICES
Current Regulatory Requirements
FMCSA requires in 49 CFR 393.80(a)
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) also requires that the National
Highway Traffic Safety Administration’s
standard for mirrors on motor vehicles
in Federal Motor Vehicle Safety
Standard (FMVSS) No. 111 be met.
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
VerDate Sep<11>2014
17:08 Feb 01, 2024
Jkt 262001
requirements for mirrors on
multipurpose passenger vehicles and
trucks with a GVWR of 11,340 kg or
more.
Original Exemption
In its original exemption application,
Stoneridge noted that the MirrorEyeTM
CMS consists of multiple digital
cameras mounted on the exterior of the
CMV and enclosed in an aerodynamic
package that provides both
environmental protection for the
cameras and a mounting location for
optimal visibility. Each camera has
video processing software that presents
a clear, high-definition image to the
driver by means of a monitor mounted
to each A-pillar of the CMV, i.e., the
structural member between the
windshield and door of the cab.
Stoneridge explained that attaching the
monitors to the A-pillars avoids the
creation of incremental blind spots and
eliminates the blind spots associated
with conventional mirrors. Stoneridge
stated that its MirrorEyeTM CMS meets
or exceeds the visibility requirements
provided in FMVSS No. 111 based on
several factors:
• Greater field of view than
conventional mirrors—Mirrors are
replaced by wide angle, narrow angle,
and look-down cameras expanding the
field of view by an estimated 25 percent.
• Fail-safe design—The MirrorEyeTM
CMS has independent video processing
of multiple camera images so that in the
unlikely event of an individual camera
failure, the other camera images
continue to be displayed. This ensures
that real-time images are continuously
displayed without interruption.
• Augmented and enhanced vision
quality—The use of high-definition
digital cameras provides for color night
vision, low light sensitivity, and trailer
panning capabilities. This assists with
night driving and operating under other
low lighting conditions and provides for
glare reduction.
• Trailer panning—The MirrorEyeTM
CMS automatically tracks the end of the
trailer to keep it in view while the
vehicle is moving forward. Stoneridge
stated this feature could eliminate
collisions associated with the CMV
driver making a right-hand turn and the
CMV striking a pedestrian or bicyclist
during the turn.
Stoneridge noted that the use of its
MirrorEyeTM CMS may help to reduce
driver fatigue by requiring less head
movement by drivers compared to the
number of head movements needed to
use conventional mirrors. Stoneridge
noted further that use of its MirrorEyeTM
CMS provides improved fuel economy
because the housing for the system is
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
more aerodynamic than the
conventional mirrors required by
§ 393.80(a).
On February 21, 2019, following
notice and consideration of the
comments received, FMCSA determined
that use of Stoneridge’s MirrorEyeTM
CMS would likely maintain a level of
safety that is equivalent to or greater
than the level of safety that would be
obtained by complying with § 393.80(a)
and granted Stoneridge’s exemption
request for a 5-year period (84 FR 5557).
In its decision, FMCSA noted that the
use of the MirrorEyeTM CMS 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 trailer panning feature
automatically tracks the end of the
trailer to keep it in view in forward
motion.
Additionally, FMCSA highlighted that
the MirrorEyeTM CMS uses highdefinition cameras and monitors that
include features such as color night
vision, low light sensitivity, and light
and glare reduction that together
provide drivers with improved vision
when compared to traditional rearvision mirrors. FMCSA also noted that
the MirrorEyeTM CMS includes features
such as self-cleaning lenses/cameras to
eliminate problems with rain and dirt,
a feature that is not required for
traditional rear-vision mirrors, and an
advanced defrosting system for winter
driving. FMCSA did not find reason for
concern about the possibility of
electronic malfunctions compromising
operation of the system or the
possibility of increased driver
distraction.
Finally, FMCSA noted that the
FMCSRs impose several operational
controls that will help ensure that the
MirrorEyeTM CMS is always functioning
properly. Section 396.7 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 themself 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
MirrorEyeTM CMS) are in good working
order. Similarly, § 396.13(a) requires
that, before driving a vehicle, a driver
must be satisfied that the vehicle is in
safe operating condition. If the
MirrorEyeTM CMS (effectively
functioning as the rear-vision mirrors)
E:\FR\FM\02FEN1.SGM
02FEN1
Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Notices
fails during operation, the driver must
complete a driver vehicle inspection
report at the completion of the workday
as required by § 396.11 and the motor
carrier must ensure that the defect is
corrected.
forth in this exemption renewal
decision, would likely maintain a level
of safety that is equivalent to, or greater
than, the level of safety achieved
without the exemption.
Application for Renewal of Exemption
A. Grant of Exemption
FMCSA provisionally renews the
exemption for a subsequent period of 5
years subject to the terms and
conditions of this decision and the
absence of adverse public comments
that would cause the Agency to revoke
the exemption. The exemption from the
requirements of 49 CFR 393.80 is
otherwise effective February 13, 2024,
through February 12, 2029, 11:59 p.m.
local time, unless revoked.
In its renewal application, Stoneridge
reiterated the previous statements in
support of its original exemption
request. Stoneridge noted that since the
2019 exemption was granted, the
MirrorEyeTM CMS has been installed on
over 1,000 vehicles in North America,
logging over an estimated 100 million
miles with no reported incidents caused
by the system. Stoneridge stated that a
leading fleet recently conducted a
controlled study comparing accident
costs across 24 million miles driven
with the MirrorEyeTM CMS to 134
million miles driven without the
system. The study showed
approximately a 65 percent reduction in
accident costs in the group using the
MirrorEyeTM CMS, including in key use
cases such as lane change, left/right
turning, and backing. Stoneridge also
referenced a study by the German
Federal Highway Research Institute that
compared CMS with conventional
exterior mirrors in a variety of
conditions and generally concluded that
CMS can provide views comparable to—
and in some cases better than—
conventional mirror systems.1
Stoneridge reported that in Europe its
MirrorEyeTM CMS has been installed on
over 1,110 buses and over 2,000 systems
have been installed by commercial
vehicle original equipment
manufacturers. A copy of Stoneridge’s
request to renew the exemption is
available in the docket.
khammond on DSKJM1Z7X2PROD with NOTICES
IV. Equivalent Level of Safety Analysis
FMCSA is not aware of any evidence
showing that the operation of
Stoneridge’s MirrorEyeTM CMS in
accordance with the conditions of the
original exemption has resulted in any
degradation in safety. Moreover, the
information provided by Stoneridge in
its application supports that
Stoneridge’s MirrorEyeTM CMS
maintains the requisite statutory level of
safety. Therefore, for the reasons
discussed above and in the prior notice
granting the original exemption request,
FMCSA concludes that provisionally
renewing the exemption granted on
February 21, 2019, for a subsequent 5
years, on the terms and conditions set
1 Schmidt, E.A., et al. ‘‘Camera-Monitor Systems
as a Replacement for Exterior Mirrors in Cars and
Trucks.’’ Federal Highway Research Institute
(Germany), 2015.
VerDate Sep<11>2014
17:08 Feb 01, 2024
Jkt 262001
V. Exemption Decision
B. Applicability of Exemption
During the temporary exemption
period, motor carriers operating CMVs
may install and use the Stoneridge
MirrorEyeTM CMS in lieu of the two
rear-vision mirrors required by § 393.80.
C. Terms and Conditions
1. This exemption is limited to the
Stoneridge MirrorEyeTM CMS installed
on CMVs and does not apply to any
other camera-based mirror replacement
system/technology.
2. Drivers operating CMVs under this
exemption must inspect the
MirrorEyeTM CMS each time before
operating the CMV and be satisfied that
it is in proper working order.
3. Drivers operating CMVs under this
exemption must inspect the
MirrorEyeTM CMS at the end of each
day and note any defects in the
equipment on the driver vehicle
inspection report. The motor carrier
must repair any defects noted by the
driver before it operates the CMV again.
4. The motor carrier must periodically
inspect the MirrorEyeTM CMS in
addition to the existing inspection
required at least once every 12 months.
D. Preemption
In accordance with 49 U.S.C.
31315(d), as implemented by 49 CFR
381.600, during the period this
exemption is in effect, no State shall
enforce any law or regulation that
conflicts with or is inconsistent with
this exemption with respect to a person
operating under the exemption. States
may, but are not required to, adopt the
same exemption with respect to
operations in intrastate commerce.
E. Revocation
The exemption will be valid for 5
years as provided in section V.A. above,
unless revoked earlier by FMCSA.
FMCSA does not believe that motor
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
7439
carriers, drivers, and CMVs covered by
the exemption will experience any
deterioration of their safety record.
However, should this occur, FMCSA
will take all steps necessary to protect
the public interest, including revocation
of the exemption without prior notice.
The exemption will be immediately
revoked if: (1) motor carriers, drivers,
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 or chapter
313.
Interested parties possessing
information that would demonstrate
that this exemption or motor carriers
operating CMVs utilizing the
MirrorEyeTM CMS installed as an
alternative to two rear-vision mirrors are
not achieving the requisite statutory
level of safety should immediately
notify FMCSA by email at MCPSV@
DOT.GOV. The Agency will evaluate
any such information and, if safety is
being compromised or if the
continuation of the exemption is not
consistent with the goals and objectives
of 49 U.S.C. 31136 or chapter 313, will
take immediate steps to revoke the
exemption.
VI. Request for Comments
In accordance with 49 U.S.C.
31315(b), FMCSA requests public
comment from all interested persons on
Stoneridge’s application for renewal of
its exemption from § 393.80. All
comments received before the close of
business on the comment closing date
indicated at the beginning of this notice
will be considered and will be available
for examination in the docket at the
location listed under the Addresses
section of this notice. Comments
received after the comment closing date
will be filed in the public docket and
will be considered to the extent
practicable. In addition to late
comments, FMCSA will also continue to
file, in the public docket, relevant
information that becomes available after
the comment closing date. Interested
persons should continue to examine the
public docket for new material.
Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024–02081 Filed 2–1–24; 8:45 am]
BILLING CODE 4910–EX–P
E:\FR\FM\02FEN1.SGM
02FEN1
Agencies
[Federal Register Volume 89, Number 23 (Friday, February 2, 2024)]
[Notices]
[Pages 7437-7439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02081]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0141]
Parts and Accessories Necessary for Safe Operation; Exemption
Renewal for Stoneridge, Inc.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of provisional renewal of exemption; request for
comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to provisionally renew
Stoneridge, Inc.'s (Stoneridge) exemption, which will allow motor
carriers to operate commercial motor vehicles (CMV) with the company's
MirrorEye\TM\ Camera Monitor System (CMS) installed as an alternative
to the two rear-vision mirrors required by the Federal Motor Carrier
Safety Regulations (FMCSRs). The exemption is renewed for 5 years,
unless revoked earlier.
DATES: This renewed exemption is effective February 13, 2024, through
February 12, 2029, unless revoked earlier. Comments must be received on
or before March 4, 2024.
ADDRESSES: You may submit comments identified by docket number FMCSA-
2018-0141 using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2018-0141/document. Follow the online
instructions for submitting comments.
Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, Washington, DC 20590-0001, between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
FOR FURTHER INFORMATION CONTACT: Mr. David Sutula, Chief, Vehicle and
Roadside Operations Division, Office of Carrier, Driver, and Vehicle
Safety, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001;
(202) 366-9209; [email protected]. If you have questions on viewing or
submitting material to the docket, call Dockets Operations at (202)
366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2018-0141), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2018-0141/document, click on this notice, click
``Comment,'' and type your comment into the text box on the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing.
If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope.
FMCSA will consider all comments and material received during the
comment period. Comments received after the comment closing date will
be filed in the public docket and will be considered to the extent
practicable.
Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the notice contain commercial or
financial information that is customarily treated as private, that you
actually treat as private, and that is relevant or responsive to the
notice, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission that
constitutes CBI as ``PROPIN'' to indicate it contains proprietary
information. FMCSA will treat such marked submissions as confidential
under the Freedom of Information Act, and they will not be placed in
the public docket of the notice. Submissions containing CBI should be
sent to Brian Dahlin, Chief, Regulatory Evaluation Division, Office of
Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or
via email at [email protected]. At this time, you need not send a
duplicate hardcopy of your electronic CBI submissions to FMCSA
headquarters. Any comments FMCSA receives not specifically designated
as CBI will be placed in the public docket for this notice.
B. Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2018-0141/document and
choose the document to review. To view
[[Page 7438]]
comments, click this notice, then click ``Browse Comments.'' If you do
not have access to the internet, you may view the docket online by
visiting Dockets Operations on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, 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 Dockets Operations.
C. Privacy
In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public to better inform its exemption process. DOT posts these
comments, including any personal information the commenter provides, to
www.regulations.gov as described in the system of records notice DOT/
ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed
under the ``Department Wide System of Records Notices'' at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments are posted without edit and are searchable by the
name of the submitter.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b)(2) and 49
CFR 381.300(b) to renew an exemption from the FMCSRs for subsequent 5-
year periods if it finds that such exemption would likely maintain a
level of safety that is equivalent to, or greater than, the level that
would be achieved by the current regulation (49 CFR 381.305(a)).
Stoneridge has requested a 5-year extension of its current exemption.
III. Background
Current Regulatory Requirements
FMCSA requires in 49 CFR 393.80(a) 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) also requires that the National Highway Traffic Safety
Administration's standard for mirrors on motor vehicles in Federal
Motor Vehicle Safety Standard (FMVSS) No. 111 be met. 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.
Original Exemption
In its original exemption application, Stoneridge noted that the
MirrorEye\TM\ CMS consists of multiple digital cameras mounted on the
exterior of the CMV and enclosed in an aerodynamic package that
provides both environmental protection for the cameras and a mounting
location for optimal visibility. Each camera has video processing
software that presents a clear, high-definition image to the driver by
means of a monitor mounted to each A-pillar of the CMV, i.e., the
structural member between the windshield and door of the cab.
Stoneridge explained that attaching the monitors to the A-pillars
avoids the creation of incremental blind spots and eliminates the blind
spots associated with conventional mirrors. Stoneridge stated that its
MirrorEye\TM\ CMS meets or exceeds the visibility requirements provided
in FMVSS No. 111 based on several factors:
Greater field of view than conventional mirrors--Mirrors
are replaced by wide angle, narrow angle, and look-down cameras
expanding the field of view by an estimated 25 percent.
Fail-safe design--The MirrorEye\TM\ CMS has independent
video processing of multiple camera images so that in the unlikely
event of an individual camera failure, the other camera images continue
to be displayed. This ensures that real-time images are continuously
displayed without interruption.
Augmented and enhanced vision quality--The use of high-
definition digital cameras provides for color night vision, low light
sensitivity, and trailer panning capabilities. This assists with night
driving and operating under other low lighting conditions and provides
for glare reduction.
Trailer panning--The MirrorEye\TM\ CMS automatically
tracks the end of the trailer to keep it in view while the vehicle is
moving forward. Stoneridge stated this feature could eliminate
collisions associated with the CMV driver making a right-hand turn and
the CMV striking a pedestrian or bicyclist during the turn.
Stoneridge noted that the use of its MirrorEye\TM\ CMS may help to
reduce driver fatigue by requiring less head movement by drivers
compared to the number of head movements needed to use conventional
mirrors. Stoneridge noted further that use of its MirrorEye\TM\ CMS
provides improved fuel economy because the housing for the system is
more aerodynamic than the conventional mirrors required by Sec.
393.80(a).
On February 21, 2019, following notice and consideration of the
comments received, FMCSA determined that use of Stoneridge's
MirrorEye\TM\ CMS would likely maintain a level of safety that is
equivalent to or greater than the level of safety that would be
obtained by complying with Sec. 393.80(a) and granted Stoneridge's
exemption request for a 5-year period (84 FR 5557). In its decision,
FMCSA noted that the use of the MirrorEye\TM\ CMS 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 trailer
panning feature automatically tracks the end of the trailer to keep it
in view in forward motion.
Additionally, FMCSA highlighted that the MirrorEye\TM\ CMS uses
high-definition cameras and monitors that include features such as
color night vision, low light sensitivity, and light and glare
reduction that together provide drivers with improved vision when
compared to traditional rear-vision mirrors. FMCSA also noted that the
MirrorEye\TM\ CMS includes features such as self-cleaning lenses/
cameras to eliminate problems with rain and dirt, a feature that is not
required for traditional rear-vision mirrors, and an advanced
defrosting system for winter driving. FMCSA did not find reason for
concern about the possibility of electronic malfunctions compromising
operation of the system or the possibility of increased driver
distraction.
Finally, FMCSA noted that the FMCSRs impose several operational
controls that will help ensure that the MirrorEye\TM\ CMS is always
functioning properly. Section 396.7 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 themself 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 MirrorEye\TM\ CMS) are in good working order.
Similarly, Sec. 396.13(a) requires that, before driving a vehicle, a
driver must be satisfied that the vehicle is in safe operating
condition. If the MirrorEye\TM\ CMS (effectively functioning as the
rear-vision mirrors)
[[Page 7439]]
fails during operation, the driver must complete a driver vehicle
inspection report at the completion of the workday as required by Sec.
396.11 and the motor carrier must ensure that the defect is corrected.
Application for Renewal of Exemption
In its renewal application, Stoneridge reiterated the previous
statements in support of its original exemption request. Stoneridge
noted that since the 2019 exemption was granted, the MirrorEye\TM\ CMS
has been installed on over 1,000 vehicles in North America, logging
over an estimated 100 million miles with no reported incidents caused
by the system. Stoneridge stated that a leading fleet recently
conducted a controlled study comparing accident costs across 24 million
miles driven with the MirrorEye\TM\ CMS to 134 million miles driven
without the system. The study showed approximately a 65 percent
reduction in accident costs in the group using the MirrorEye\TM\ CMS,
including in key use cases such as lane change, left/right turning, and
backing. Stoneridge also referenced a study by the German Federal
Highway Research Institute that compared CMS with conventional exterior
mirrors in a variety of conditions and generally concluded that CMS can
provide views comparable to--and in some cases better than--
conventional mirror systems.\1\ Stoneridge reported that in Europe its
MirrorEye\TM\ CMS has been installed on over 1,110 buses and over 2,000
systems have been installed by commercial vehicle original equipment
manufacturers. A copy of Stoneridge's request to renew the exemption is
available in the docket.
---------------------------------------------------------------------------
\1\ Schmidt, E.A., et al. ``Camera-Monitor Systems as a
Replacement for Exterior Mirrors in Cars and Trucks.'' Federal
Highway Research Institute (Germany), 2015.
---------------------------------------------------------------------------
IV. Equivalent Level of Safety Analysis
FMCSA is not aware of any evidence showing that the operation of
Stoneridge's MirrorEye\TM\ CMS in accordance with the conditions of the
original exemption has resulted in any degradation in safety. Moreover,
the information provided by Stoneridge in its application supports that
Stoneridge's MirrorEye\TM\ CMS maintains the requisite statutory level
of safety. Therefore, for the reasons discussed above and in the prior
notice granting the original exemption request, FMCSA concludes that
provisionally renewing the exemption granted on February 21, 2019, for
a subsequent 5 years, on the terms and conditions set forth in this
exemption renewal decision, would likely maintain a level of safety
that is equivalent to, or greater than, the level of safety achieved
without the exemption.
V. Exemption Decision
A. Grant of Exemption
FMCSA provisionally renews the exemption for a subsequent period of
5 years subject to the terms and conditions of this decision and the
absence of adverse public comments that would cause the Agency to
revoke the exemption. The exemption from the requirements of 49 CFR
393.80 is otherwise effective February 13, 2024, through February 12,
2029, 11:59 p.m. local time, unless revoked.
B. Applicability of Exemption
During the temporary exemption period, motor carriers operating
CMVs may install and use the Stoneridge MirrorEye\TM\ CMS in lieu of
the two rear-vision mirrors required by Sec. 393.80.
C. Terms and Conditions
1. This exemption is limited to the Stoneridge MirrorEye\TM\ CMS
installed on CMVs and does not apply to any other camera-based mirror
replacement system/technology.
2. Drivers operating CMVs under this exemption must inspect the
MirrorEye\TM\ CMS each time before operating the CMV and be satisfied
that it is in proper working order.
3. Drivers operating CMVs under this exemption must inspect the
MirrorEye\TM\ CMS at the end of each day and note any defects in the
equipment on the driver vehicle inspection report. The motor carrier
must repair any defects noted by the driver before it operates the CMV
again.
4. The motor carrier must periodically inspect the MirrorEye\TM\
CMS in addition to the existing inspection required at least once every
12 months.
D. Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation that conflicts with or is inconsistent
with this exemption with respect to a person operating under the
exemption. States may, but are not required to, adopt the same
exemption with respect to operations in intrastate commerce.
E. Revocation
The exemption will be valid for 5 years as provided in section V.A.
above, unless revoked earlier by FMCSA. FMCSA does not believe that
motor carriers, drivers, and CMVs covered by the exemption will
experience any deterioration of their safety record. However, should
this occur, FMCSA will take all steps necessary to protect the public
interest, including revocation of the exemption without prior notice.
The exemption will be immediately revoked if: (1) motor carriers,
drivers, 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 or chapter 313.
Interested parties possessing information that would demonstrate
that this exemption or motor carriers operating CMVs utilizing the
MirrorEye\TM\ CMS installed as an alternative to two rear-vision
mirrors are not achieving the requisite statutory level of safety
should immediately notify FMCSA by email at [email protected]. The Agency
will evaluate any such information and, if safety is being compromised
or if the continuation of the exemption is not consistent with the
goals and objectives of 49 U.S.C. 31136 or chapter 313, will take
immediate steps to revoke the exemption.
VI. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on Stoneridge's application for
renewal of its exemption from Sec. 393.80. All comments received
before the close of business on the comment closing date indicated at
the beginning of this notice will be considered and will be available
for examination in the docket at the location listed under the
Addresses section of this notice. Comments received after the comment
closing date will be filed in the public docket and will be considered
to the extent practicable. In addition to late comments, FMCSA will
also continue to file, in the public docket, relevant information that
becomes available after the comment closing date. Interested persons
should continue to examine the public docket for new material.
Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-02081 Filed 2-1-24; 8:45 am]
BILLING CODE 4910-EX-P