[Federal Register Volume 89, Number 23 (Friday, February 2, 2024)]
[Notices]
[Pages 7437-7439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02081]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0141]


Parts and Accessories Necessary for Safe Operation; Exemption 
Renewal for Stoneridge, Inc.

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

ACTION: Notice of provisional renewal of exemption; request for 
comments.

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SUMMARY: FMCSA announces its decision to provisionally renew 
Stoneridge, Inc.'s (Stoneridge) exemption, which will allow motor 
carriers to operate commercial motor vehicles (CMV) with the company's 
MirrorEye\TM\ Camera Monitor System (CMS) installed as an alternative 
to the two rear-vision mirrors required by the Federal Motor Carrier 
Safety Regulations (FMCSRs). The exemption is renewed for 5 years, 
unless revoked earlier.

DATES: This renewed exemption is effective February 13, 2024, through 
February 12, 2029, unless revoked earlier. Comments must be received on 
or before March 4, 2024.

ADDRESSES: You may submit comments identified by docket number FMCSA-
2018-0141 using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2018-0141/document. Follow the online 
instructions for submitting comments.
     Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Washington, DC 20590-0001.
     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.
     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; [email protected]. 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-2018-0141), 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 https://www.regulations.gov/docket/FMCSA-2018-0141/document, 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 [email protected]. 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 https://www.regulations.gov/docket/FMCSA-2018-0141/document and 
choose the document to review. To view

[[Page 7438]]

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 
www.regulations.gov 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 https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. 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)). 
Stoneridge has requested a 5-year extension of its current exemption.

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.
Original Exemption
    In its original exemption application, Stoneridge noted that the 
MirrorEye\TM\ 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. 
Stoneridge explained that attaching the monitors to the A-pillars 
avoids the creation of incremental blind spots and eliminates the blind 
spots associated with conventional mirrors. Stoneridge stated that its 
MirrorEye\TM\ CMS meets or exceeds the visibility requirements provided 
in FMVSS No. 111 based on several factors:
     Greater field of view than conventional mirrors--Mirrors 
are replaced by wide angle, narrow angle, and look-down cameras 
expanding the field of view by an estimated 25 percent.
     Fail-safe design--The MirrorEye\TM\ 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 and operating under other low lighting conditions and provides 
for glare reduction.
     Trailer panning--The MirrorEye\TM\ CMS automatically 
tracks the end of the trailer to keep it in view while the vehicle is 
moving forward. Stoneridge stated this feature could eliminate 
collisions associated with the CMV driver making a right-hand turn and 
the CMV striking a pedestrian or bicyclist during the turn.
    Stoneridge noted that the use of its MirrorEye\TM\ CMS may help to 
reduce driver fatigue by requiring less head movement by drivers 
compared to the number of head movements needed to use conventional 
mirrors. Stoneridge noted further that use of its MirrorEye\TM\ CMS 
provides improved fuel economy because the housing for the system is 
more aerodynamic than the conventional mirrors required by Sec.  
393.80(a).
    On February 21, 2019, following notice and consideration of the 
comments received, FMCSA determined that use of Stoneridge's 
MirrorEye\TM\ CMS 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 Stoneridge's 
exemption request for a 5-year period (84 FR 5557). In its decision, 
FMCSA noted that the use of the MirrorEye\TM\ 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, FMCSA highlighted that the MirrorEye\TM\ 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 provide drivers with improved vision when 
compared to traditional rear-vision mirrors. FMCSA also noted that the 
MirrorEye\TM\ 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. FMCSA did not find reason for 
concern about the possibility of electronic malfunctions compromising 
operation of the system or the possibility of increased driver 
distraction.
    Finally, FMCSA noted that the FMCSRs impose several operational 
controls that will help ensure that the MirrorEye\TM\ CMS is always 
functioning properly. Section 396.7 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 themself 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 MirrorEye\TM\ CMS) are in good working order. 
Similarly, Sec.  396.13(a) requires that, before driving a vehicle, a 
driver must be satisfied that the vehicle is in safe operating 
condition. If the MirrorEye\TM\ CMS (effectively functioning as the 
rear-vision mirrors)

[[Page 7439]]

fails during operation, the driver must complete a driver vehicle 
inspection report at the completion of the workday as required by Sec.  
396.11 and the motor carrier must ensure that the defect is corrected.
Application for Renewal of Exemption
    In its renewal application, Stoneridge reiterated the previous 
statements in support of its original exemption request. Stoneridge 
noted that since the 2019 exemption was granted, the MirrorEye\TM\ CMS 
has been installed on over 1,000 vehicles in North America, logging 
over an estimated 100 million miles with no reported incidents caused 
by the system. Stoneridge stated that a leading fleet recently 
conducted a controlled study comparing accident costs across 24 million 
miles driven with the MirrorEye\TM\ CMS to 134 million miles driven 
without the system. The study showed approximately a 65 percent 
reduction in accident costs in the group using the MirrorEye\TM\ CMS, 
including in key use cases such as lane change, left/right turning, and 
backing. Stoneridge also referenced a study by the German Federal 
Highway Research Institute that compared CMS with conventional exterior 
mirrors in a variety of conditions and generally concluded that CMS can 
provide views comparable to--and in some cases better than--
conventional mirror systems.\1\ Stoneridge reported that in Europe its 
MirrorEye\TM\ CMS has been installed on over 1,110 buses and over 2,000 
systems have been installed by commercial vehicle original equipment 
manufacturers. A copy of Stoneridge's request to renew the exemption is 
available in the docket.
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    \1\ Schmidt, E.A., et al. ``Camera-Monitor Systems as a 
Replacement for Exterior Mirrors in Cars and Trucks.'' Federal 
Highway Research Institute (Germany), 2015.
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IV. Equivalent Level of Safety Analysis

    FMCSA is not aware of any evidence showing that the operation of 
Stoneridge's MirrorEye\TM\ CMS in accordance with the conditions of the 
original exemption has resulted in any degradation in safety. Moreover, 
the information provided by Stoneridge in its application supports that 
Stoneridge's MirrorEye\TM\ CMS 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 
provisionally renewing the exemption granted on February 21, 2019, for 
a subsequent 5 years, on the terms and conditions set forth in this 
exemption renewal decision, would likely maintain a level of safety 
that is equivalent to, or greater than, the level of safety achieved 
without the exemption.

V. Exemption Decision

A. Grant of Exemption

    FMCSA provisionally renews the exemption for a subsequent period of 
5 years subject to the terms and conditions of this decision and the 
absence of adverse public comments that would cause the Agency to 
revoke the exemption. The exemption from the requirements of 49 CFR 
393.80 is otherwise effective February 13, 2024, through February 12, 
2029, 11:59 p.m. local time, unless revoked.

B. Applicability of Exemption

    During the temporary exemption period, motor carriers operating 
CMVs may install and use the Stoneridge MirrorEye\TM\ CMS in lieu of 
the two rear-vision mirrors required by Sec.  393.80.

C. Terms and Conditions

    1. This exemption is limited to the Stoneridge MirrorEye\TM\ 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 
MirrorEye\TM\ CMS each time before operating the CMV and be satisfied 
that it is in proper working order.
    3. Drivers operating CMVs under this exemption must inspect the 
MirrorEye\TM\ CMS 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.
    4. The motor carrier must periodically inspect the MirrorEye\TM\ 
CMS in addition to the existing inspection required at least once every 
12 months.

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. Revocation

    The exemption will be valid for 5 years as provided in section V.A. 
above, unless revoked earlier by FMCSA. FMCSA does not believe that 
motor carriers, 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 immediately revoked if: (1) motor carriers, 
drivers, 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 or chapter 313.
    Interested parties possessing information that would demonstrate 
that this exemption or motor carriers operating CMVs utilizing the 
MirrorEye\TM\ 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 the 
goals and objectives of 49 U.S.C. 31136 or chapter 313, will take 
immediate steps to revoke the exemption.

VI. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on Stoneridge'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.

Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-02081 Filed 2-1-24; 8:45 am]
BILLING CODE 4910-EX-P