Parts and Accessories Necessary for Safe Operation; Application for Renewal of Exemption; Vision Systems North America, Inc., 83937-83939 [2024-24102]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 89, Number 202 (Friday, October 18, 2024)]
[Notices]
[Pages 83937-83939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24102]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0159]


Parts and Accessories Necessary for Safe Operation; Application 
for Renewal of Exemption; Vision Systems North America, Inc.

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice of application for renewal of exemption; request for 
comments.

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SUMMARY: FMCSA announces that it has received an application from 
Vision Systems North America, Inc. (VSNA) for a renewal of its 
exemption allowing 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). VSNA currently holds an exemption for the period 
January 15, 2020, through January 15, 2025, and requests a five-year 
renewal of the exemption. FMCSA requests public comment on VSNA's 
request for exemption.

DATES: Comments must be received on or before November 18, 2024.

ADDRESSES: You may submit comments identified by docket number FMCSA-
2019-0159 using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2019-0159/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-2019-0159), 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-2019-0159/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-2019-0159/document and 
choose the document to review. To view

[[Page 83938]]

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)). VSNA 
has requested a 5-year extension of its current exemption.

III. Background

Current Regulatory Requirements

    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) 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, VSNA noted that 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 explained 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 stated 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.
    VSNA believed 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.
    On January 15, 2020, following notice and consideration of the 
comments received, FMCSA determined that use of VSNA's Smart-Vision 
system 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 VSNA's exemption request for a 5-year 
period (85 FR 2486). In its decision, FMCSA noted that the 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 highlighted that the Smart-Vision system was 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 were approximately 300 European 
vehicles certified with the Smart-Vision system.
    Additionally, FMCSA pointed out that the Smart-Vision system is 
designed with a fail-safe mechanism, utilizing independent video 
processing for multiple camera feeds. In the rare event of a camera 
failure, the remaining camera images will continue to be displayed, 
ensuring uninterrupted real-time visuals. The system's proprietary 
software guarantees continuous image display without delay. 
Furthermore, the high placement of the camera housing on the vehicle, 
along with features such as power-folding and breakaway capabilities, 
minimizes the risk of damage during normal operations.
    Finally, FMCSA noted that 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

[[Page 83939]]

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 workday as required by section 396.11 of the 
FMCSRs, and the motor carrier must ensure that the defect is corrected.

Application for Renewal of Exemption

    In its renewal application, VSNA reiterated its previous statements 
in support of the original exemption request. Since the exemption was 
granted in 2020, the Smart-Vision system has been installed on 15,000 
vehicles worldwide, logging millions of miles. In North America, 
approximately 700 CMVs are currently equipped with the Smart-Vision 
system, and VSNA forecasts that an additional 1,500 CMVs will be 
equipped with the technology by 2025. A copy of VSNA's request to renew 
the exemption is available in the docket.

IV. Applicant's Method To Ensure an Equivalent or Greater Level of 
Safety

    VSNA states that its commitment to safety remains unchanged and 
emphasized that in the five years since the original exemption was 
granted, the use of Smart-Vision as an alternative to the two rear-
vision mirrors required by 49 CFR 393.80(a) has demonstrated a level of 
safety equivalent to, or greater than, that provided by the regulation.

V. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on VSNA'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.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024-24102 Filed 10-17-24; 8:45 am]
BILLING CODE 4910-EX-P