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Parts and Accessories Necessary for Safe Operation; Exemption Renewal for Stoneridge, Inc. Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Sue Lawless Date: 2 February 2024 Subjects: American Government  , Safety
Topic: Stoneridge |
[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; 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-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 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-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 MCPSV@DOT.GOV. 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