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

Larry W. Minor
Federal Motor Carrier Safety Administration
26 September 2019

[Federal Register Volume 84, Number 187 (Thursday, September 26, 2019)]
[Notices]
[Pages 50878-50880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20904]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0159]


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

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

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

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
requests public comment on an exemption application from Vision Systems 
North America, Inc. (VSNA) to allow motor carriers to operate 
commercial motor vehicles (CMVs) equipped with the company's Smart-
Vision high definition camera monitoring system (Smart-Vision) as an 
alternative to the two rear-vision mirrors required by the Federal 
Motor Carrier Safety Regulations (FMCSRs). VSNA states that its Smart-
Vision system provides the same functionality and view as traditional 
mirrors but with high-definition cameras and interior displays. VSNA 
believes the exemption would maintain a level of safety that is 
equivalent to, or greater than, the level of safety achieved without 
the exemption because the Smart-Vision system meets or exceeds the 
performance requirements for traditional mirrors under the National 
Highway Traffic Safety Administration (NHTSA)'s standards, which are 
cross-referenced by the FMCSRs.

DATES: Comments must be received on or before October 28, 2019.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2019-0159 using any of the 
following methods:
     Website: http://www.regulations.gov. Follow the 
instructions for submitting comments on the Federal electronic docket 
site.
     Fax: (202) 493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building, 
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m. 
e.t., Monday-Friday, except Federal holidays.
     Submissions Containing Confidential Business Information 
(CBI): Mr. Brian Dahlin, Chief, Regulatory Evaluation Division, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section for instructions on submitting 
comments, including information collection comments for the Office of 
Information and Regulatory Affairs, OMB.

FOR FURTHER INFORMATION CONTACT: Mr. Jose Cestero, 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) 366-5541; 
jose.cestero@dot.gov.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (Docket No. FMCSA-2019-0159), indicate the specific section of 
this document to which your comment applies, and provide a reason for 
each suggestion or recommendation. 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 that FMCSA can contact you if there are questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov/#!docketDetail;D=FMCSA-2019-0159, click on the ``Comment Now!'' button 
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.

[[Page 50879]]

    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 and may make changes based on your comments.
Confidential Business Information
    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to the NPRM 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 NPRM, 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 FOIA, and they will not be placed in the public docket of the 
NPRM. Submissions containing CBI should be sent to Mr. Brian Dahlin, 
Chief, Regulatory Analysis Division, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE, Washington DC 20590. Any 
comments FMCSA receives which are not specifically designated as CBI 
will be placed in the public docket for this rulemaking.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble as being available in the docket, go to http://www.regulations.gov/#!docketDetail;D=FMCSA-2019-0159 and choose the 
document to review. If you do not have access to the internet, you may 
view the docket online by visiting Docket Operations in Room W12-140 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., Monday through Friday, 
except Federal holidays.

Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

Background

    Under Agency regulations, FMCSA must publish a notice of each 
exemption request in the Federal Register (49 CFR 381.315(a)). The 
Agency must provide the public with 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 the safety analyses and the public comments 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 Agency's 
decision must be published in the Federal Register (49 CFR 381.315(b)). 
If the Agency denies the request, it must state the reason for doing 
so. If the decision is to grant the exemption, the notice must specify 
the person or class of persons receiving the exemption and the 
regulatory provision or provisions from which an exemption is granted. 
The notice must specify the effective period of the exemption (up to 5 
years) and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)).

VSNA Application for Exemption

    VSNA has applied for an exemption from 49 CFR 393.80(a) to allow 
its Smart-Vision 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 NTHSA's 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 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 explains 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 states that its 
Smart-Vision system meets or exceeds the visibility requirements 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 sunlight glare at dawn and dusk, improving 
driver visibility.
     Fail-safe design--The Smart-Vision system has 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 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.
    The exemption would apply to all CMV operators driving vehicles 
equipped with the Smart-Vision system. VSNA believes 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

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests 
public comment from all interested persons on

[[Page 50880]]

VSNA's application for an exemption from 49 CFR 393.80(a). 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.

    Issued on: September 19, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-20904 Filed 9-25-19; 8:45 am]
BILLING CODE 4910-EX-P