Parts and Accessories Necessary for Safe Operation; Vision Systems North America, Inc. Application for an Exemption |
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Jim Mullen
Federal Motor Carrier Safety Administration
15 January 2020
[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Notices]
[Pages 2486-2489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00556]
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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 final disposition.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant Vision Systems North America, Inc.'s
(VSNA) application for a limited 5-year exemption to allow motor
carriers to operate commercial motor vehicles (CMVs) with the company's
Smart-Vision high definition camera monitoring system (Smart-Vision)
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 to allow use of the Smart-Vision
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 January 15, 2020 and ending January
15, 2025.
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.
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
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and conditions of the exemption. The exemption may be renewed (49 CFR
381.300(b)).
VSNA Application for Exemption
VSNA 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
provided 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 dawn and dusk sunlight glare, improving
driver visibility.
Fail-safe design--The Smart-Vision system elements have 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 by the driver 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
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
FMCSA published a notice of the application in the Federal Register
on September 26, 2019, and asked for public comment (84 FR 50878). The
Agency received 5 comments from: The American Bus Association (ABA);
the Commercial Vehicle Safety Alliance (CVSA); and 3 individuals.
ABA supports granting the application to allow use of the Smart-
Vision system as an alternative to the two rear-view mirrors required
by the FMCSRs. ABA stated:
Camera-based visibility systems or CBVSs, like the Smart-Vision
technology, are vehicle technology advancements ABA believes should
be deployed to improve safety of CMV operations. Such systems are
currently being installed and tested by equipment manufacturers in
limited capacity; however, to ascertain real-world viability,
equipment manufacturers need to deploy these systems for use in
actual commercial operations. As with FMCSA's decision to grant an
exemption to Stoneridge, Inc. for use of its MirrorEye Camera
Monitor System (see Docket No. FMCSA-2018-0141, published February
21, 2019), we believe the deployment of VSNA's system in place of
mirrors will achieve a level of safety equivalent to or greater than
the level of safety provided by the regulation.
In addition, ABA stated that when compared to traditional mirrors,
the Smart-Vision system provides additional visibility benefits
including (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. ABA noted that
the improvements in driver visibility can lead to enhanced
maneuverability in backing up or turning a large vehicle. ABA also
stated that eliminating the side mirrors may also provide fuel
efficiency gains and carbon emission reductions, and may assist in
reducing actions that lead to increased driver fatigue such as head and
eye movements.
Further, ABA states that granting the exemption will be consistent
with both (1) FMCSA's decision to grant an exemption to Stoneridge,
Inc. for a similar system, and (2) recent activities by NHTSA relating
to possible revisions to FMVSS No. 111. Specifically, NHTSA published a
notice and request for public comment on August 28, 2019 (84 FR 45209),
on a proposed collection of information relating to a multi-year
research effort to learn about drivers' use of camera-based systems
designed to replace traditional outside rearview mirrors. Initial
research will focus on light vehicles and be followed by research
examining camera-based visibility systems on heavy trucks.
Additionally, NHTSA published an advance notice of proposed rulemaking
on October 10, 2019 (84 FR 54533), seeking public comment on permitting
camera-based rear visibility systems as an alternative to inside and
outside rearview mirrors.
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 camera monitor systems technology. However,
CVSA noted that its associate member companies that have some
experience with camera monitor systems reported that ``drivers
responded favorably when testing the technology and preferred them in
place of traditional side mirrors.'' CVSA noted that in 2018, roadside
inspectors conducted 2.41 million vehicle inspections and issued only
2,497 violations of section 393.80 of the FMCSRs for failing to equip a
vehicle with two rear vision mirrors--a violation rate of just 0.06
percent.
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
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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.
Three individuals commented in support of granting the temporary
exemption, and noted various advantages of the Smart-Vision system as
compared to the rear vision mirrors required by the FMCSRs including
(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.
FMCSA Decision
The FMCSA has evaluated the VSNA 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
Smart-Vision system 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 Smart-Vision system 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 system 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.
FMCSA notes that the Smart-Vision system is currently being used in
a number of European countries as a legal alternative to the
traditional rear-vision mirrors under the requirements of ISO
(International Organization for Standardization) 16505:2019. That
standard provides minimum safety, ergonomic, and performance
requirements for camera monitor systems to replace mandatory inside and
outside rearview mirrors for road vehicles. The ISO standard addresses
camera monitor systems that will be used in road vehicles to present
the required outside information of a specific field of view inside the
vehicle. According to VSNA, there are approximately 300 vehicles
certified with the Smart-Vision system to date.
FMCSA 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 Smart-Vision system 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.
In its application, VSNA notes that the Smart-Vision system is a
fail-safe operating system due to its independent video processing of
multiple camera images. VSNA states:
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 Smart-Vision multi-camera redundant
design, mounting the camera housing high on the vehicle and
providing both a power-fold and breakaway feature further reduce the
potential damage that is possible in normal operating environments.
The FMCSRs impose several operational controls that will help
ensure that the Smart-Vision system 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 Smart-
Vision system)--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
Smart-Vision system (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 January 15, 2020 and ending January 15, 2025. During the
temporary exemption period, motor carriers operating CMVs may utilize
the VSNA Smart-Vision system 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 VSNA Smart-Vision system, 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 Smart-Vision
system 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
VSNA Smart-Vision system 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
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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: January 6, 2020.
Jim Mullen,
Acting Administrator.
[FR Doc. 2020-00556 Filed 1-14-20; 8:45 am]
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