Parts and Accessories Necessary for Safe Operation; Exemption Renewal From Vision Systems North America, Inc.
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Issuing agencies
Abstract
FMCSA announces its final decision to renew the exemption granted to Vision Systems North America, Inc. (VSNA) to allow motor carriers to operate commercial motor vehicles (CMV) 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).
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<title>Federal Register, Volume 90 Issue 10 (Thursday, January 16, 2025)</title>
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[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Notices]
[Pages 4835-4836]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00900]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0159]
Parts and Accessories Necessary for Safe Operation; Exemption
Renewal From Vision Systems North America, Inc.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; granting of renewal of exemption.
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SUMMARY: FMCSA announces its final decision to renew the exemption
granted to Vision Systems North America, Inc. (VSNA) to allow motor
carriers to operate commercial motor vehicles (CMV) 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).
DATES: This renewed exemption is effective January 15, 2025, through
January 15, 2030.
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#da97998a898c9abeb5aef4bdb5ac"><span class="__cf_email__" data-cfemail="9ad7d9cac9ccdafef5eeb4fdf5ec">[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
Viewing Comments and Documents
To view comments, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, insert the docket
number ``FMCSA-2019-0159'' in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.'' To view documents
mentioned in this notice as being available in the docket, go to
<a href="http://www.regulations.gov">www.regulations.gov</a>, insert the docket number ``FMCSA-2019-0159'' in
the keyword box, click ``Search,'' and chose the document to review.
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, 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.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from Federal Motor Carrier Safety Regulations (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 the applicant's safety analysis. The Agency must 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(a)). The Agency must
publish its decision in the Federal Register (49 CFR 381.315(b)). If
granted, the notice will identify the regulatory provision from which
the applicant will be exempt, the effective period, and all terms and
conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is
denied, the notice will explain the reason for the denial (49 CFR
381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)).
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.
IV. Application for Renewal of Exemption
The renewal application for exemption from VSNA was described in
detail in a Federal Register notice published on October 18, 2024 (89
FR 83937) and will not be repeated here as the facts have not changed.
V. Public Comments
The Agency received one comment supporting the exemption renewal
and no comments opposing it.
Matthew Buchannan, an individual commenter, stated, ``I fully
support this request. These have shown to be very reliable in all
weather conditions day or night. Also, they give the benefit of
removing the blind spots created by the mirrors themselves. I believe
that these systems should be allowed on a permanent basis and not just
another extension.''
VI. FMCSA Safety Analysis and Agency Decision
FMCSA is not aware of any evidence showing that the operation of
VSNA's Smart-Vision system in accordance with the conditions of the
original exemption has resulted in any degradation in safety. Moreover,
the information VSNA provided in its application supports the view that
the company's Smart-Vision system 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 renewing the exemption granted on January 15, 2025, for a
subsequent 5 years, on the terms and conditions set forth in this
exemption renewal decision, will likely maintain a level of safety that
is equivalent to, or greater than, the level of safety achieved without
the exemption.
VII. Exemption Decision
A. Grant of Exemption
FMCSA renews the exemption for a subsequent period of 5 years
subject to the terms and conditions of this decision. The exemption
from the requirements of 49 CFR 393.80 is effective January 15, 2025,
through January 15, 2030, 11:59 p.m. local time, unless revoked.
[[Page 4836]]
B. Applicability of Exemption
During the temporary exemption period, motor carriers operating
CMVs may install and use the VSNA's Smart-Vision system in lieu of the
two rear-vision mirrors required by Sec. 393.80.
C. Terms and Conditions
1. This exemption is limited to the VSNA's Smart-Vision system
installed on CMVs and does not apply to any other camera-based mirror
replacement system/technology.
2. Motor carriers using the VSNA's Smart-Vision system installed on
CMVs must report to FMCSA on an annual basis to <a href="/cdn-cgi/l/email-protection#307d7360636670545f441e575f46"><span class="__cf_email__" data-cfemail="5c111f0c0f0a1c383328723b332a">[email protected]</span></a>: (1) the
total number of CMVs operating under the terms and conditions of the
exemption; and (2) any crashes, other than front-end crashes, involving
CMVs operating under the exemption. The reports are due by the end of
the calendar year beginning from the effective date of this exemption.
3. Drivers operating CMVs under this exemption must inspect the
Smart-Vision system each time before operating the CMV and be satisfied
that it is in proper working order.
4. Drivers operating CMVs under this exemption must inspect the
Smart-Vision system 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.
5. The motor carrier must periodically inspect the Smart-Vision
system in addition to the existing inspection required at least once
every 12 months.
6. Motor carriers using the VSNA's Smart-Vision system installed on
CMVs must notify FMCSA within 5 business days after they become aware,
or otherwise determine, that the continued use of Smart-Vision system
covered by this exemption is no longer likely to maintain a level of
safety that is at least equivalent to the level that would be achieved
absent this exemption. Notification must be made by sending an email to
FMCSA at <a href="/cdn-cgi/l/email-protection#6e232d3e3d382e0a011a40090118"><span class="__cf_email__" data-cfemail="1a57594a494c5a7e756e347d756c">[email protected]</span></a>.
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. Termination
FMCSA does not believe that motor carriers and CMVs covered by the
exemption will experience any deterioration of their safety record. The
Agency will, however, rescind the exemption if: (1) motor carriers and/
or CMVs operating under the exemption fail to comply with the terms and
conditions of the exemption; (2) the exemption results 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 objective of 49 U.S.C. 31136 or chapter 313.
Vincent G. White,
Deputy Administrator.
[FR Doc. 2025-00900 Filed 1-15-25; 8:45 am]
BILLING CODE 4910-EX-P
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