[Federal Register Volume 89, Number 143 (Thursday, July 25, 2024)]
[Notices]
[Pages 60486-60488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16340]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0201]


Parts and Accessories Necessary for Safe Operation; Safe Fleet 
Bus and Rail Application for an Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (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 Safe 
Fleet Bus and Rail (Safe Fleet) to allow motor carriers to operate 
commercial motor vehicles (CMVs) with the company's ``MirrorLESS'' 
camera monitor system (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 effective July 30, 2024 and ending July 25, 
2029.

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.
    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 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 the 
applicant's safety analysis. 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(a)). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)). If granted, the notice will identify the regulatory 
provision(s) 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)).

II. Safe Fleet's Application for Exemption

    Safe Fleet applied for an exemption from 49 CFR 393.80(a) to allow 
motor carriers to operate CMVs equipped with the company's MirrorLESS 
CMS installed as an alternative to the two rear-vision mirrors required 
by the FMCSRs. A copy of the application is included in the docket 
referenced at the beginning of this notice.

[[Page 60487]]

    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 Safe Fleet CMS consists of three cameras, each with a specific 
field of view (FOV), firmly mounted close to the vehicle's drip rail 
location i.e., a metal or rubber strip installed along the top edge of 
the vehicle's doors, 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. Safe Fleet states that its MirrorLESS CMS meets and/or exceeds 
the visibility requirements provided in FMVSS No. 111 based on the 
following factors:
     Cameras are firmly mounted to the exterior body structure 
to ensure vibration does not adversely affect the field of vision.
     The left and right video channels are processed 
independently so that failure of one does not impact operation of the 
other.
     The system reduces glare from ambient light, keeping the 
screen clear and visible during high light operations.
     The system provides enhanced vision at night or in low 
light conditions, with the cameras automatically adjusting along with 
the monitors to provide enhanced vision over traditional mirrors.
     The system is equipped with a built-in heater, air nozzle, 
and hydrophobic lens, preventing the accumulation of ice, snow, and 
rain, ensuring the driver maintains unobstructed views.
     FOV improvement of approximately 25% compared to standard 
ISO Class II & Class IV mirrors.
    In addition, Safe Fleet stated that the Agency's reasoning 
supporting the grant of previous exemptions is equally applicable to 
the Safe Fleet's MirrorLESS CMS.
    Safe Fleet 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 November 16, 2023, requesting public comment (88 FR 78809). The 
Agency received comments from two individuals, one opposing the 
application and one supporting it, subject to conditions.
    The commenter who opposed the exemption generally discourages the 
use of cameras to replace mirrors. The other commenter 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.
    Separate, but related, FMCSA has received numerous 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); Robert Bosch, LLC and Mekra Lang North 
America, LLC (Bosch) ``Digital Mirror System'' (85 FR 58106, September 
17, 2020); and Rosco Vision, Inc. ``Commercial Vehicle Digital Camera 
Monitor System'' (87 FR 73386, December 4, 2022). Seventeen motor 
carriers, associations, and individuals supported the Stoneridge 
application, specifically noting the following benefits: (1) superior 
total FOV 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 FOV 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 Safe Fleet'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 company's MirrorLESS CMS as an alternative to the two rear-vision 
mirrors required by the FMCSRs. FMCSA believes that the MirrorLESS CMS 
is likely to achieve a level of safety equivalent to or greater than 
the level of safety achieved by the regulation.

A. Equivalent Level of Safety Analysis

    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 NHTSA 
Advance Notice of Proposed Rulemaking on rear visibility, the Engine 
Manufacturers Association \1\ (EMA) noted that 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 Safe Fleet's MirrorLESS CMS are capable of 
providing an enhanced FOV that exceeds the requirements of FMVSS No.

[[Page 60488]]

111 and the current rear-vision mirrors installed on CMVs.
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    \1\ 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 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.
    FMCSA has reviewed Safe Fleet's CMS submission and has determined 
that its MirrorLESS system exceeds both the FOV required by FMVSS No. 
111 and the rear-vision mirrors currently installed by manufacturers.
    FMCSA acknowledges the concerns of the two individual commenters 
regarding potential system failure of the MirrorLESS CMS. FMCSA notes 
that the MirrorLESS 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 would automatically adjust the view 
of the interior monitor for that side to a full screen view of the 
remaining working camera. Furthermore, if the entire camera assembly on 
one side were to fail, the functionality of the other side would remain 
unaffected.
    In the event of camera or monitor failure, the CMV would not be 
subject to an out-of-service (OOS) order because it is not a critical 
inspection item under CVSA's OOS criteria,\2\ in the same way 
conventional mirrors do not trigger an OOS order 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 the 
motor carrier to correct any identified safety defects before 
permitting or requiring a driver to operate the CMV again.
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    \2\ 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 MirrorLESS 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 MirrorLESS CMS. To further ensure that the MirrorLESS 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 MirrorLESS CMS before operation of the CMV.
    FMCSA believes that the MirrorLESS CMS is likely to achieve a level 
of safety equivalent to or greater than the level of safety achieved by 
standard rear-view mirrors because it provides a greater FOV, 
eliminates the blind spots created by mirrors 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 MirrorLESS 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 July 
30, 2024 and ending July 25, 2029 unless rescinded earlier by FMCSA. 
During the exemption period, motor carriers operating CMVs may install 
and utilize the Safe Fleet's MirrorLESS CMS in lieu of the two rear-
vision mirrors required by section 393.80 of the FMCSRs. The Agency 
encourages drivers operating CMVs under this exemption to carry a copy 
of the exemption in the vehicle.

C. Conditions of Exemption

    1. This exemption is limited to the Safe Fleet's MirrorLESS 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 
MirrorLESS 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 
MirrorLESS CMS.

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 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 CMV drivers 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).
    Interested parties possessing information that would demonstrate 
that motor carriers operating CMVs utilizing the Safe Fleet's 
MirrorLESS 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.

Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-16340 Filed 7-24-24; 8:45 am]
BILLING CODE 4910-EX-P