Notice2024-24102
Parts and Accessories Necessary for Safe Operation; Application for Renewal of Exemption; Vision Systems North America, Inc.
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Published
October 18, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 202 (Friday, October 18, 2024)</title>
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[Federal Register Volume 89, Number 202 (Friday, October 18, 2024)]
[Notices]
[Pages 83937-83939]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov/docket/FMCSA-2019-0159/document">https://www.regulations.gov/docket/FMCSA-2019-0159/document</a>. Follow the online
instructions for submitting comments.
<bullet> Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
<bullet> 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.
<bullet> 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; <a href="/cdn-cgi/l/email-protection#276a647774716743485309404851"><span class="__cf_email__" data-cfemail="59141a090a0f193d362d773e362f">[email protected]</span></a>. 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 <a href="https://www.regulations.gov/docket/FMCSA-2019-0159/document">https://www.regulations.gov/docket/FMCSA-2019-0159/document</a>, 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 <a href="/cdn-cgi/l/email-protection#d5b7a7bcb4bbfbb2fbb1b4bdb9bcbb95b1baa1fbb2baa3"><span class="__cf_email__" data-cfemail="f0928299919ede97de9491989c999eb0949f84de979f86">[email protected]</span></a>. 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 <a href="https://www.regulations.gov/docket/FMCSA-2019-0159/document">https://www.regulations.gov/docket/FMCSA-2019-0159/document</a> 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
<a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>. 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:
<bullet> 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.
<bullet> 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.
<bullet> 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.
<bullet> 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
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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
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