[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Notices]
[Pages 73386-73388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25983]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0186]


Parts and Accessories Necessary for Safe Operation; Rosco Vision, 
Inc.; Application for an Exemption

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

ACTION: Notice of final disposition; grant of exemption.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
announces its decision to grant a limited 5-year exemption to Rosco 
Vision, Inc. (Rosco) to allow motor carriers to operate commercial 
motor vehicles (CMVs) with the company's CV (Commercial Vehicle) 
Digital Camera Monitor System (CMS) (CV Digital CMS) installed as an 
alternative to the two rear-vision mirrors required by the Federal 
Motor Carrier Safety Regulations (FMCSRs). The Agency has determined 
that granting the exemption would likely achieve a level of safety 
equivalent to or greater than the level of safety provided by the 
regulation.

DATES: This exemption is applicable December 4, 2022 and ending 
December 4, 2027.

FOR FURTHER INFORMATION CONTACT: Jos[eacute] R. 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; 
[email protected].
    Docket: For access to the docket to read background documents or 
comments submitted in response to the 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. To be sure someone is there to 
help you, please call (202) 366-9317 or (202) 366-9826 before visiting 
Docket Operations. 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.

I. Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) 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 (up to 5 
years) and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

II. Rosco's Application for Exemption

    Rosco applied for an exemption from 49 CFR 393.80(a) to allow its 
CV Digital CMS to be installed as an alternative to the two rear-vision 
mirrors required by the Federal Motor Carrier Safety Regulations 
(FMCSRs) 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 the National Highway Traffic Safety 
Administration's (NHTSA) standards for mirrors on motor vehicles (49 
CFR 571.111, Federal Motor Vehicle Safety Standard [FMVSS] No. 111, 
``Rear Visibility''). 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 CV Digital CMS consists of three cameras, each with a specific 
field of view (FOV), firmly mounted to the top of the vehicle's 
external A-pillar location, enclosed in an aerodynamic package that 
provides environmental protection for the cameras. Each camera presents 
a clear image to the driver by means of an internal monitor firmly 
mounted to the left and right A-pillar of the CMV, i.e., the structural 
member between the windshield and door of the cab. The installation of 
the monitors on the A-pillars creates no additional visual obstruction, 
while eliminating the substantial blind spots created by conventional 
mirrors. Rosco states that its CV Digital CMS meets and/or exceeds the 
visibility requirements provided in FMVSS No. 111 based on the 
following factors:
     The CMS provides the driver with an enhanced FOV when 
compared to conventional mirrors.
     The interior viewing monitors feature an ambient light 
sensor which will allow the system to dynamically adjust the screen 
brightness to the optimal level based on the amount of ambient light. 
This prevents driver eye strain when viewing the monitors at night.

[[Page 73387]]

     The camera assemblies have an automatically activated 
heating system to ensure there is no buildup of ice or moisture on the 
lens that could potentially obstruct the cameras' function.
     The internal monitors are located such that the system's 
ergonomics reduce upper-body range of motion, thereby reducing driver 
fatigue.
    Rosco 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.

III. Summary of Comments

    FMCSA published a notice of the application in the Federal Register 
on December 21, 2021, requesting public comment (86 FR 72305). The 
Agency received comments from four individuals who generally opposed 
granting the application and one comment in support of the application 
subject to conditions.
    One commenter who opposed the exemption generally discourages the 
use of cameras to replace mirrors. Three other commenters suggested 
that the cameras be used in conjunction with standard rearview mirrors, 
rather than replacing them, due to concerns that an unsafe operating 
condition would exist in the event of a camera failure. And one 
commentor suggested that any CMS installed in the United States comply 
with the United Nations Economic Commission for Europe (UNECE) R46 rev 
06--Devices for Indirect Vision (UNECE R46).\1\
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    \1\ See https://unece.org/un-regulations-addenda-1958-agreement.
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    Although the Agency received 4 comments opposing this exemption, 
FMCSA has received numerous positive comments in support of other, 
similar camera-based mirror system exemptions, such as in Stoneridge, 
Inc. ``MirrorEye Camera Monitor System'' (84 FR 5557, February 21, 
2019), Vision Systems North America ``SmartVision System'' (85 FR 2486, 
January 15, 2020), and Robert Bosch, LLC and Mekra Lang North America, 
LLC (Bosch) ``Digital Mirror System'' (85 FR 58106, September 17, 
2020). Seventeen motor carriers, associations and individuals supported 
the Stoneridge application specifically noting the following benefits: 
(1) superior total field-of-view around a CMV, including reduction/
elimination of blind spots (2) increased visibility when driving at 
night and during inclement weather, (3) enhanced vehicle 
maneuverability in backing, turning, and lane changes through use of 
trailer scanning, (4) and reduced driver fatigue.
    Vision Systems North America's application was supported by 5 motor 
carriers, associations, and individuals. These commenters specifically 
noted the following benefits of the camera-based mirror system 
proposed; (1) improved field-of-view around a CMV, including reduction/
elimination glare and blind spots (2) increased visibility when driving 
at night and during inclement weather, and (3) reduced driver fatigue.
    The American Bus Association (ABA) commented in support of the 
Bosch Digital Mirror System. The ABA noted that the Bosch system 
provided the following visibility benefits; (1) anti-glare, (2) 
improved visibility at night and during adverse weather conditions, and 
(3) elimination of blind spots by providing a broader field of vision 
around the vehicle.
    In addition to the positive comments received relating to other CMS 
systems, the Agency has not received any reports of accidents or other 
safety concerns relating to the previously granted CMS exemption 
applications.

IV. FMCSA Decision Granting Exemption

    FMCSA evaluated Rosco's application for exemption and the comments 
received. For the reasons discussed below, FMCSA is granting the 
exemption to allow motor carriers to install and operate CMVs with the 
CV Digital CMS as an alternative to the two rear-vision mirrors 
required by the FMCSRs. FMCSA believes that the CV Digital CMS is 
likely to achieve a level of safety equivalent to or greater than the 
level of safety provided by the regulation.

A. Equivalent Level of Safety Analysis

    FMCSA section 393.80 cross references FMVSS No. 111 which requires 
CMVs with a GVWR of 11,340 kg (25,000 pounds) or more to be equipped 
with a rearview mirror size of unit magnification of no less than 323 
cm\2\ (50 in\2\) on each side of the vehicle. In its comments to a 2019 
National Highway Traffic Safety Administration Advance Notice of 
Proposed Rulemaking on rear visibility, the Engine Manufacturers 
Association \2\ (EMA) noted that CMV manufacturers are equipping CMVs 
with mirrors that are more than twice the minimum size required for 
each side of the vehicle, as well as adding convex mirrors to provide 
the driver a still greater FOV. The manufacturers install these larger, 
less aerodynamic mirrors to provide the driver the enhanced visibility 
that is crucial to the safe operation of a large truck. Similarly, CMS 
like Rosco's CV Digital CMS are capable of providing an enhanced FOV 
that exceeds FMVSS No. 111 and the current rear-vision mirrors 
installed on CMVs.
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    \2\ Engine Manufacturers Association (EMA) comments to NHTSA 
ANPRM Federal Motor Vehicle Safety Standard No. 111, Rear Visibility 
(84 FR 54533, October 10, 2019), https://www.regulations.gov/comment/NHTSA-2018-0021-0493.
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    FMCSA notes that CMS systems are authorized for use in a number of 
European countries as a legal alternative to the traditional rear-
vision mirrors under the requirements of United Nations Economic 
Commission for Europe (UNECE) R46 which specifies minimum safety, 
ergonomic, and performance requirements for CMS in place of mandatory 
inside and outside rearview mirrors for road vehicles. This regulation 
references ISO (International Organization for Standardization) 
standard 16505 Rev 2019 which addresses CMS definitions and required 
performance for use in road vehicles. The specifications for CMS 
systems in ISO 16505 exceed the FOV requirements in FMVSS No. 111. 
Rosco stated that although the CV Digital CMS is designed to meet UNECE 
R46, it has not yet applied for certification of its system in 
countries that require UNECE R46 certification because it does not 
intend to offer its devices for sale in those countries.
    FMCSA has reviewed the Rosco CV Digital CMS submission and has 
determined that the Rosco system exceeds both the FOV required by FMVSS 
No. 111 and rear-vision mirrors currently installed by manufacturers.
    FMCSA acknowledges the concerns of four individual commenters 
regarding potential system failure of the CV Digital CMS. FMCSA notes 
that the CV Digital CMS is designed with redundancy in the event of 
camera failure such that if one of the cameras within the camera 
assembly were to fail, the system automatically adjusts the view of the 
interior monitor for that side to a full screen view of the remaining 
working camera.
    In the event of camera or monitor failure, the CMV would not be 
subject to an out-of-service order because it is not a critical 
inspection item under CVSA's out-of-service-criteria \3\ (OOSC),

[[Page 73388]]

in the same way conventional mirrors are not out of service if cracked 
or damaged while in operation. Instead, the CMV would be subject to the 
requirements of 49 CFR 396.11 which would require a driver to complete 
a driver vehicle inspection report at the end of the workday and 
require the motor carrier to correct any identified safety defects 
before permitting or requiring a driver to operate the CMV again.
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    \3\ The CVSA OOSC states that any motor vehicle which by reason 
of its mechanical condition or loading that would be likely to cause 
an accident or breakdown is considered ``Out-of-Service.'' 
Violations, other than Out-of-Service conditions, detected during 
the inspection process will not preclude the completion of the 
current trip or dispatch. However, such violations must be corrected 
or repaired prior to redispatch. See https://www.cvsa.org/inspections/out-of-service-criteria/.
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    Additionally, under 49 CFR 392.7(a), CMV drivers must satisfy 
themselves that a vehicle is in safe condition before operating the 
vehicle. This obligation would include ensuring that both rear-vision 
mirrors (or in this case, all components of the CV Digital CMS 
including all external cameras and both internal monitors) are in good 
working order. CMVs are also subject to the periodic inspection 
requirements under 49 CFR 396.17 which would include an inspection of 
the CV Digital CMS. To further ensure that the CV Digital CMS system is 
properly maintained, the terms and conditions of the exemption specify 
that motor carriers and drivers operating CMVs under this exemption 
must inspect the CV Digital CMS before operation of the CMV.
    FMCSA believes that the CV Digital CMS is likely to achieve a level 
of safety equivalent to or greater than the level of safety than 
standard rear-view mirrors because it provides a greater FOV, it 
eliminates the blind spots on both sides of the vehicle, provides a 
monitor with low light sensitivity feature, and includes a camera 
heating system, all of which exceed the current requirements of 49 CFR 
393.80. The FMCSRs impose several operational controls that will help 
ensure that the CV Digital CMS is functioning properly. Before driving 
a vehicle, a driver must be satisfied that the vehicle is in safe 
operating condition, and that any system failures reported have been 
corrected prior to vehicle re-dispatch. Additionally, the driver must 
complete a driver vehicle inspection report at the completion of the 
workday, noting any system defects or failures that occurred during 
operation of the vehicle.

B. Duration of Exemption

    The Agency grants the exemption for a 5-year period, beginning 
December 4, 2022 and ending December 4, 2027 unless rescinded earlier 
by FMCSA. During the exemption period, motor carriers operating CMVs 
may install and utilize the Rosco CV Digital CMS in lieu of the two 
rear-vision mirrors required by section 393.80 of the FMCSRs.

C. Conditions of Exemption

    1. This exemption is limited to the Rosco CV Digital CMS installed 
on CMVs and does not apply to any other camera-based mirror replacement 
system/technology.
    2. Drivers operating CMVs under this exemption must inspect the CV 
Digital CMS each time before operating the CMV and ensure that it is in 
proper working order.
    3. Drivers operating CMVs under this exemption must inspect the 
equipment at the end of each day and note any defects in the equipment. 
The motor carrier must repair any defects noted by the driver before it 
operates the CMV.
    4. The motor carrier must, in addition to existing periodic 
inspections required by 49 CFR 396.17, periodically inspect the CV 
Digital CMS.
    5. Interested parties possessing information that would demonstrate 
that motor carriers operating CMVs utilizing the Rosco CV Digital CMS 
installed as an alternative to two rear-vision mirrors are not 
achieving the requisite statutory level of safety should immediately 
notify FMCSA by email at [email protected]. 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.

D. 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 
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 the motor carrier, the drivers, and CMVs 
covered by the exemption will experience any deterioration of their 
safety record. However, should this occur, FMCSA will take all steps 
necessary to protect the public interest, including revocation of the 
exemption without prior notice. 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 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) or 31315(b).

Robin Hutcheson,
Administrator.
[FR Doc. 2022-25983 Filed 11-28-22; 8:45 am]
BILLING CODE 4910-EX-P