[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:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2023-0201/document. Follow the online 
instructions for submitting comments.
    <bullet> Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Washington, DC 20590-0001.
    <bullet> 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.
    <bullet> 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, <a href="/cdn-cgi/l/email-protection#f3beb0a3a0a5b3979c87dd949c85"><span class="__cf_email__" data-cfemail="c18c8291929781a5aeb5efa6aeb7">[email protected]</span></a>. 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 <a href="/cdn-cgi/l/email-protection#a7c5d5cec6c989c089c3c6cfcbcec9e7c3c8d389c0c8d1"><span class="__cf_email__" data-cfemail="3351415a525d1d541d57525b5f5a5d73575c471d545c45">[email protected]</span></a>. 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]
BILLING CODE 4910-EX-P


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