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Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Safe Fleet Bus and Rail Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Larry W. Minor Date: 16 November 2023 Subjects: American Government  , Safety
Topic: Safe Fleet |
[Federal Register Volume 88, Number 220 (Thursday, November 16, 2023)]
[Notices]
[Pages 78809-78811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25303]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0201]
Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Safe Fleet Bus and Rail
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA requests public comment on an application for exemption
from Safe Fleet Bus and Rail (Safe Fleet) to allow motor carriers to
operate commercial motor vehicles (CMV) equipped with Safe Fleet'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).
[[Page 78810]]
DATES: Comments must be received on or before December 18, 2023.
ADDRESSES: You may submit comments identified by docket number FMCSA-
2023-0201 using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2023-0201/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, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety,
FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, (202) 366-
5541, MCPSV@dot.gov. 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-2023-0201), 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-2023-0201/document, click on this notice, click
``Comment,'' and type your comment into the text box on the following
screen.
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.
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 brian.g.dahlin@dot.gov. 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-2023-0201/document and
choose the document to review. To view 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 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. DOT posts these
comments, without edit, 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 at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable
by the name of the submitter.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from 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 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 maintain a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (Sec. 381.305(a)). The Agency must
publish its decision in the Federal Register (Sec. 381.315(b)). If
granted, the notice will identify the regulatory provision from which
the applicant will be exempt, the effective period, and all terms and
conditions of the exemption (Sec. 381.315(c)(1)). If the exemption is
denied, the notice will explain the reason for the denial (Sec.
381.315(c)(2)). The exemption may be renewed (Sec. 381.300(b)).
III. Safe Fleet's Application for Exemption
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 standard for mirrors on motor vehicles (i.e., 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. Safe
Fleet has applied for an exemption from 393.80(a) to allow motor
carriers to operate CMVs equipped with the company's
[[Page 78811]]
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.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public
comment from all interested persons on Safe Fleet's application for an
exemption from the requirement for two rear-vision mirrors in Sec.
393.80(a). 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.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-25303 Filed 11-15-23; 8:45 am]
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