[Federal Register Volume 84, Number 35 (Thursday, February 21, 2019)]
[Notices]
[Pages 5557-5560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02953]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0141]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Stoneridge, Inc.

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

ACTION: Notice of final disposition.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
announces its decision to grant Stoneridge, Inc.'s (Stoneridge) 
application for a limited 5-year exemption to 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 (FMCSR). The Agency has determined 
that granting the exemption to allow use of the MirrorEyeTM 
system in lieu of mirrors would likely achieve a level of safety 
equivalent to or greater than the level of safety provided by the 
regulation.

DATES: This exemption is effective February 21, 2019 and ending 
February 13, 2024.

FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside 
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-0676, Federal Motor Carrier Safety Administration, 1200 
New Jersey Avenue SE, Washington, DC 20590-0001.
    Docket: For access to the docket to read background documents or 
comments submitted to notice requesting public comments on the 
exemption application, go to www.regulations.gov at any time or visit 
Room W12-140 on the ground level of the West Building, 1200 New Jersey 
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday 
through Friday, except Federal holidays. The on-line Federal document 
management system is available 24 hours each day, 365 days each year. 
The docket number is listed at the beginning of this notice.

SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of the 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 any 
safety analyses that have been conducted. The Agency must also 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). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reasons for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted. The notice must also specify the effective period and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

Stoneridge Application for Exemption

    Stoneridge applied for an exemption from 49 CFR 393.80(a) to allow 
its MirrorEyeTM CMS 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

[[Page 5558]]

the National Highway Traffic Safety Administration's (NHTSA) standard 
for mirrors on motor vehicles, 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 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. The 
company 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. Stoneridge states that its 
CMS meets or exceeds the visibility requirements provided in FMVSS No. 
111 based on several factors:
     Greater field of view (FOV) than conventional mirrors--
Mirrors are replaced by wide angle, narrow angle and look-down cameras 
expanding the FOV by an estimated 25 percent.
     Fail-safe design--The 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, operating under other low lighting conditions, and provides 
for glare reduction.
     Trailer panning--The CMS automatically tracks the end of 
the trailer to keep it in view while the vehicle is moving forward. 
Stoneridge believes this feature could eliminate collisions associated 
with the CMV driver making a right-hand turn, and incidents where the 
CMV strikes a pedestrian or bicyclist while making right hand turns.
    Stoneridge also believes use of its CMS may help to reduce driver 
fatigue by requiring less head movement by drivers compared to the 
number of head movement needed to use conventional mirrors. The company 
claims that use of its CMS provides improved fuel economy because the 
housing for the system is more aerodynamic than the conventional 
mirrors required by Sec.  393.80(a).
    The exemption would apply to all CMV operators driving vehicles 
with the MirrorEyeTM CMS. Stoneridge 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.

Comments

    FMCSA published a notice of the application in the Federal Register 
on April 5, 2018, and asked for public comment (83 FR 14716). The 
Agency received 31 comments from: The American Trucking Associations 
(ATA); two motor carriers (Schneider National, Inc. (Schneider) and 
J.B. Hunt Transport Services, Inc. (J.B. Hunt)); the Trucking Alliance; 
the Commercial Vehicle Safety Alliance (CVSA); Advocates for Highway 
and Auto Safety (Advocates); and 25 individuals.
    ATA supports granting the application to allow use of the CMS as an 
alternative to the two rear-view mirrors required by the FMCSRs. ATA 
stated ``Granting this and similar petitions for exemption from FMCSR 
393.80 requirements that currently are barriers to mirrorless 
technology will provide valuable real-world experience and data to 
inform future regulatory action to allow CMS technology as an 
alternative to rear view mirrors for all vehicle types.''
    Further, ATA stated:

. . . motor carriers and truck manufacturers recognize the potential 
of CMS for improving both safe operations and fuel efficiency when 
compared with traditional exterior mirrors. For example, CMS can 
provide the following functions beyond what traditional mirrors 
offer: Trailer swing video panning view capabilities; wider viewing 
angles of driver blind spots encompassing multiple mirror locations 
(i.e., hood spot mirrors) to one vantage point; direct solar glare 
resistance, and night vision capabilities. It should also be noted 
that CMS can be designed and placed in a way that reduces the 
chances of damage compared with traditional mirrors, which can 
improve vehicle uptime and reduce maintenance and operational costs 
by eliminating traditional mirror repair/replacement and allowing 
faster driver pre/post trip inspections and technician/officer 
inspections.

    Schneider and J.B. Hunt stated that they have been using the 
MirrorEyeTM CMS, in addition to the required mirrors, in a 
select number of vehicles, and both motor carriers support granting 
Stoneridge's application. Schneider states that its drivers using the 
MirrorEyeTM CMS have (1) ``had an overwhelmingly positive 
experience,'' and (2) confirmed some of the benefits touted by 
Stoneridge in its application, including improved visibility in night 
driving and low light conditions, improved visibility due to auto 
tracking of the trailer, and reduced driver distraction due to light 
and glare reduction. J.B. Hunt states that ``we have not been involved 
in any collisions and have received overwhelming positive feedback from 
our test drivers.'' J. B. Hunt also states that its drivers noted 
benefits such as ``real time, excellent monitor image clarity with 
improved field of vision around their tractor and trailing units and 
elimination of the tractor's problematic front passenger side blind 
spot.''
    The Trucking Alliance, a coalition of freight and logistics 
companies that are working together to increase safety for commercial 
truck drivers, reduce the number of large truck accidents, and improve 
highway safety for the general public throughout the United States, 
also supports granting the Stoneridge application. The Trucking 
Alliance notes that some of its member carriers have been testing the 
technologies offered by Stoneridge that are the subject of the 
exemption application. The Trucking Alliance states:

    Carriers report that this Stoneridge technology is performing at 
better than acceptable levels of performance. Carriers have reported 
no collisions. Drivers report that the technology works and benefits 
them in eliminating many of the problems associated with 
conventional side mirrors. For example, one Trucking Alliance member 
carrier has reported driver feedback includes such observations as a 
`greater field of vision, color night vision images, and the trailer 
panning feature which tracks the end of the trailer during turning 
and backing maneuvers.'

    Thirteen individuals commented in support of granting the temporary 
exemption, and noted various advantages of the Stoneridge CMS as 
compared to the rear vision mirrors required by the FMCSRs including 
(1) economic benefits related to fuel economy gains and carbon emission 
reductions from reduced drag forces, (2) superior total field-of-view 
around a CMV, including reduction/elimination of blind spots (3) 
increased visibility when driving at night and during inclement 
weather, (4) enhanced vehicle

[[Page 5559]]

maneuverability in backing, turning, and lane changes through use of 
trailer scanning, (5) and reduced driver fatigue.
    CVSA stated that while it recognizes there may be potential safety 
benefits of the proposed technology, it does not have data to support 
or refute the efficacy of CMS technology. However, CVSA noted that its 
associate member companies that have some experience with the 
Stoneridge technology reported that ``drivers responded favorably when 
testing the MirrorEyeTM technology and preferred them in 
place of traditional side mirrors.'' Additionally, CVSA noted that 
granting the exemption may have impacts on roadside enforcement 
personnel, as inspectors use the mirrors for purposes beyond the intent 
of the FMVSS and the FMCSRs. Specifically, CVSA states that roadside 
inspectors use the mirrors to see what is happening inside the cab, and 
to identify when CMV drivers are operating a vehicle in an unsafe 
manner, such as illegally using a handheld electronic device, or not 
wearing a safety belt. Additionally, roadside inspectors frequently use 
mirrors to visually communicate with drivers during roadside 
inspections, when at the side or rear of the inspection vehicle. CVSA 
stated that it is unclear whether the technology has a proven safety 
benefit, and noted concern that exemptions from safety regulations have 
the potential to undermine consistency and uniformity in compliance 
enforcement, and encouraged FMCSA to consider the roadside enforcement 
and inspection aspects of rear vision mirror usage in the evaluation of 
the application.
    Advocates opposes the Stoneridge application ``on the basis that 
the application is overly broad. The regulations governing requests for 
exemption requires applications to include `an estimate of the number 
of drivers and commercial motor vehicles (CMVs) that would be operated 
under the terms and conditions of the exemption', which in this case 
could encompass every CMV and driver presently on the U.S. roads. . .we 
must oppose such an overly broad exemption which would apply for at 
least five years.'' While Advocates opposes the application, it 
recognized the potential benefits of the technology, and instead urged 
NHTSA and FMCSA ``to establish a pilot program study the benefits of 
using cameras to enhance commercial vehicle driver visibility as this 
technology has the potential to reduce or eliminate the large and 
dangerous blind zones around CMVs.'' Advocates states that the rear-
vision mirror regulations are, by definition, minimum safety standards, 
and any exemption granted by FMCSA ``could deny both the driver(s) and 
the public the minimum required safety protections intended under the 
FMCSRs and, in this case, the pertinent FMVSS as well.''
    Twelve individuals commented opposing the application. Many of 
these commenters cited concerns regarding the ability of the CMS system 
to function properly in the event of a system failure (i.e., an 
electronic malfunction). These commenters also noted concerns about 
road debris creating partial or complete obstruction of the camera, 
sunlight and glare on monitor screens causing them to be not visible, 
and the possibility of increased driver distraction. Some commenters 
recommended that the CMS system could be used as a secondary, backup 
system, but that the rear-vision mirrors required by the FMCSRs should 
be retained in addition to the camera system.

FMCSA Decision

    The FMCSA has evaluated the Stoneridge exemption application, and 
the comments received. For the reasons discussed below, FMCSA believes 
that granting the exemption to allow motor carriers to operate CMVs 
with the Stoneridge MirrorEyeTM CMS installed as an 
alternative to the two rear-vision mirrors required by the FMCSRs is 
likely to achieve a level of safety equivalent to or greater than the 
level of safety provided by the regulation.
    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, the MirrorEyeTM 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 help provide drivers with improved vision in 
the field of view when compared to traditional rear-vision mirrors. 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.
    In response to commenters' concerns about the possibility of 
electronic malfunctions that may compromise operation of the system, 
Stoneridge notes in its application:

    The MirrorEyeTM CMS is a fail-safe operating system 
by design due to its independent video processing of multiple camera 
images. In the unlikely event of an individual camera failure, the 
other camera images continue to be displayed. Proprietary software 
ensures that real-time images are continuously displayed without 
interruption. In addition to the MirrorEyeTM CMS multi-
camera redundant design, mounting the camera housing high on the 
vehicle and providing both a power-fold and breakaway feature 
further reduces the potential damage that is possible in normal 
operating environments.

Importantly, neither of the motor carriers that provided comments and 
that are currently using the MirrorEyeTM CMS cited any 
concerns or problems with system functionality.
    In response to concerns about the possibility of increased driver 
distraction, FMCSA notes that the monitors will be located over the A-
pillars to maintain the same approximate direction of glance as 
conventional mirrors, minimizing any possible concerns about increased 
distraction. And, as Stoneridge notes in its application, the monitor's 
mounting location ``requires less lateral head movement resulting in an 
ergonomic benefit and less driver fatigue.''
    FMCSA acknowledges Advocates' concerns about the possible breadth 
of the exemption if granted. However, part 381 of the FMCSRs does not 
impose any specific limitations on the number of vehicles that may be 
covered by a temporary exemption; rather, it requires FMCSA to make a 
determination that any exemption that is granted is likely to maintain 
a level of safety that is equivalent to or greater than the level of 
safety that would be obtained by complying with the regulation. FMCSA 
believes that the Stoneridge MirrorEyeTM CMS meets this 
burden.
    FMCSA also acknowledges CVSA's concerns regarding the inability of 
roadside inspectors and law enforcement officers to use rear-vision 
mirrors for the other uses described in its comments if the exemption 
is granted to permit use of the MirrorEyeTM CMS in lieu of 
the mirrors. However, use of the rear-vision mirrors for purposes other 
than driver visibility is beyond the scope of the FMCSR requirements. 
FMCSA notes that inspectors may still communicate with drivers by means 
of hand signals/gestures if the system is on, and the driver will 
continue to see everything that would have been in view with the 
mirrors.
    The FMCSRs impose several operational controls that will help

[[Page 5560]]

ensure that the MirrorEyeTM CMS is functioning properly at 
all times. Section 396.7 of the FMCSRs, ``Unsafe operations 
forbidden,'' 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 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 MirrorEyeTM CMS)--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 MirrorEyeTM CMS (effectively 
functioning as the rear vision mirrors) fails during operation, the 
driver must complete a driver vehicle inspection report at the 
completion of the work day as required by section 396.11 of the FMCSRs, 
and the motor carrier must ensure that the defect is corrected.

Terms and Conditions for the Exemption

    The Agency hereby grants the exemption for a 5-year period, 
beginning February 21, 2019 and ending February 13, 2024. During the 
temporary exemption period, motor carriers operating CMVs may utilize 
the Stoneridge MirrorEyeTM CMS installed in lieu of the two 
rear-vision mirrors required by section 393.80 of the FMCSRs. FMCSA 
emphasizes that this exemption is limited to the Stoneridge 
MirrorEyeTM CMS, and does not apply to any other camera-
based mirror replacement system/technology. Section 396.7 of the 
FMCSRs, ``Unsafe operations forbidden,'' prohibits any vehicle from 
being operated in such a condition as to likely cause an accident or a 
breakdown of the vehicle. If the camera or monitor system fails during 
normal vehicle operation on the highway, continued operation of the 
vehicle shall be forbidden until (1) the MirrorEyeTM CMS can 
be repaired, or (2) conventional rear-vision mirrors that are compliant 
with section 393.80 are installed on the vehicle.
    The exemption will be valid for 5 years unless rescinded earlier by 
FMCSA. The exemption will be rescinded if: (1) Motor carriers 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(e) and 31315(b).
    Interested parties possessing information that would demonstrate 
that motor carriers operating commercial motor vehicles utilizing the 
Stoneridge MirrorEyeTM CMS installed as an alternative to 
the two rear-vision mirrors required by section 393.80 of the FMCSRs 
are not achieving the requisite statutory level of safety should 
immediately notify FMCSA. The Agency will evaluate any such information 
and, if safety is being compromised or if the continuation of the 
exemption is not consistent with 49 U.S.C. 31136(e) and 31315(b), will 
take immediate steps to revoke the exemption.

Preemption

    In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation applicable to interstate commerce that 
conflicts with or is inconsistent with this exemption with respect to a 
firm or person operating under the exemption. States may, but are not 
required to, adopt the same exemption with respect to operations in 
intrastate commerce.

    Issued on: February 13, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-02953 Filed 2-20-19; 8:45 am]
BILLING CODE 4910-EX-P