Federal Register / Vol. 89, No. 202 / Friday, October 18, 2024 / Notices 83937 

be adopted to reconsider the 

application. See 49 CFR 1182.6. If no 

opposing comments are filed by the 

expiration of the comment period, this 

notice will take effect automatically and 

will be the final Board action in this 

proceeding. 

This action is categorically excluded 

from environmental review under 49 

CFR 1105.6(c). 

Board decisions and notices are 

available at www.stb.gov. 

It is ordered: 

1. The proposed transaction is 

approved and authorized, subject to the 

filing of opposing comments. 

2. If opposing comments are timely 

filed, the findings made in this notice 

will be deemed vacated. 

3. This notice will be effective 

December 3, 2024, unless opposing 

comments are filed by December 2, 

2024. If any comments are filed, 

Applicants may file a reply by 

December 17, 2024. 

4. A copy of this notice will be served 

on: (1) the U.S. Department of 

Transportation, Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590; (2) 

the U.S. Department of Justice, Antitrust 

Division, 10th Street & Pennsylvania 

Avenue NW, Washington, DC 20530; 

and (3) the U.S. Department of 

Transportation, Office of the General 

Counsel, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

Decided: October 15, 2024. 

By the Board, Board Members Fuchs, 

Hedlund, Primus, and Schultz. 

Kenyatta Clay, 

Clearance Clerk. 

[FR Doc. 2024–24157 Filed 10–17–24; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2019–0159] 

Parts and Accessories Necessary for 

Safe Operation; Application for 

Renewal of Exemption; Vision Systems 

North America, Inc. 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of application for 

renewal of exemption; request for 

comments. 

SUMMARY: FMCSA announces that it has 

received an application from Vision 

Systems North America, Inc. (VSNA) for 

a renewal of its exemption allowing 

motor carriers to operate commercial 

motor vehicles (CMVs) with the 

company’s Smart-Vision high-definition 

camera monitoring system (SmartVision) installed as an alternative to the 

two rear-vision mirrors required by the 

Federal Motor Carrier Safety 

Regulations (FMCSRs). VSNA currently 

holds an exemption for the period 

January 15, 2020, through January 15, 

2025, and requests a five-year renewal 

of the exemption. FMCSA requests 

public comment on VSNA’s request for 

exemption. 

DATES: Comments must be received on 

or before November 18, 2024. 

ADDRESSES: You may submit comments 

identified by docket number FMCSA– 

2019–0159 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov/docket/ 

FMCSA-2019-0159/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–2019–0159), 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-2019-0159/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-2019-0159/document and 

choose the document to review. To view 


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83938 Federal Register / Vol. 89, No. 202 / Friday, October 18, 2024 / Notices 

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-recordsnotices. 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)). 

VSNA has requested a 5-year extension 

of its current exemption. 

III. Background 

Current Regulatory Requirements 

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) 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, 

VSNA noted that 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 explained 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 stated 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. 

VSNA believed 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. 

On January 15, 2020, following notice 

and consideration of the comments 

received, FMCSA determined that use of 

VSNA’s Smart-Vision system 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 § 393.80(a) and granted 

VSNA’s exemption request for a 5-year 

period (85 FR 2486). In its decision, 

FMCSA noted that the use of the SmartVision 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 rearvision mirrors. 

FMCSA highlighted that the SmartVision system was currently being used 

in a number of European countries as a 

legal alternative to the traditional rearvision 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 were 

approximately 300 European vehicles 

certified with the Smart-Vision system. 

Additionally, FMCSA pointed out 

that the Smart-Vision system is 

designed with a fail-safe mechanism, 

utilizing independent video processing 

for multiple camera feeds. In the rare 

event of a camera failure, the remaining 

camera images will continue to be 

displayed, ensuring uninterrupted realtime visuals. The system’s proprietary 

software guarantees continuous image 

display without delay. Furthermore, the 

high placement of the camera housing 

on the vehicle, along with features such 

as power-folding and breakaway 

capabilities, minimizes the risk of 

damage during normal operations. 

Finally, FMCSA noted that 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 


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Federal Register / Vol. 89, No. 202 / Friday, October 18, 2024 / Notices 83939 

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 rearvision 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 workday as required 

by section 396.11 of the FMCSRs, and 

the motor carrier must ensure that the 

defect is corrected. 

Application for Renewal of Exemption 

In its renewal application, VSNA 

reiterated its previous statements in 

support of the original exemption 

request. Since the exemption was 

granted in 2020, the Smart-Vision 

system has been installed on 15,000 

vehicles worldwide, logging millions of 

miles. In North America, approximately 

700 CMVs are currently equipped with 

the Smart-Vision system, and VSNA 

forecasts that an additional 1,500 CMVs 

will be equipped with the technology by 

2025. A copy of VSNA’s request to 

renew the exemption is available in the 

docket. 

IV. Applicant’s Method To Ensure an 

Equivalent or Greater Level of Safety 

VSNA states that its commitment to 

safety remains unchanged and 

emphasized that in the five years since 

the original exemption was granted, the 

use of Smart-Vision as an alternative to 

the two rear-vision mirrors required by 

49 CFR 393.80(a) has demonstrated a 

level of safety equivalent to, or greater 

than, that provided by the regulation. 

V. Request for Comments 

In accordance with 49 U.S.C. 

31315(b), FMCSA requests public 

comment from all interested persons on 

VSNA’s application for renewal of its 

exemption from § 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. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2024–24102 Filed 10–17–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2024–0018] 

Qualification of Drivers; Exemption 

Applications; Hearing 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of denials. 

SUMMARY: FMCSA announces its 

decision to deny applications from four 

individuals for an exemption from the 

hearing requirement in the Federal 

Motor Carrier Safety Regulations 

(FMCSRs) to operate a commercial 

motor vehicle (CMV) in interstate 

commerce. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, FMCSA, Department 

of Transportation, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001, (202) 366–4001, fmcsamedical@

dot.gov. Office hours are from 8:30 a.m. 

to 5 p.m. ET Monday through Friday, 

except Federal holidays. If you have 

questions regarding viewing material in 

the docket, contact Dockets Operations, 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

A. Comments 

To view comments go to 

www.regulations.gov. Insert the docket 

number (FMCSA–2024–0018) in the 

keyword box, and click ‘‘Search.’’ Next, 

choose the only notice listed, and 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. 

B. Privacy Act 

In accordance with 49 U.S.C. 

31315(b)(6), DOT solicits comments 

from the public on the exemption 

request. 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), which can be reviewed at 

https://www.transportation.gov/ 

individuals/privacy/privacy-act-systemrecords-notices, the comments are 

searchable by the name of the submitter. 

II. Background 

FMCSA received applications from 

four individuals for an exemption from 

the hearing requirement in 

§ 391.41(b)(11) to operate a CMV in 

interstate commerce. 

FMCSA has evaluated the eligibility 

of these applicants and concluded that 

granting these exemptions would not 

provide a level of safety that would be 

equivalent to, or greater than, the level 

of safety that would be obtained by 

complying with § 391.41(b)(11). 

III. Basis for Exemption Determination 

Under 49 U.S.C. 31136(e) and 

31315(b), FMCSA may grant an 

exemption from the FMCSRs for no 

longer than a 5-year period if it finds 

such exemption would likely achieve a 

level of safety that is equivalent to, or 

greater than, the level that would be 

achieved absent such exemption. The 

statute also allows the Agency to renew 

exemptions at the end of the 5-year 

period. FMCSA grants medical 

exemptions from the FMCSRs for a 2- 

year period to align with the maximum 

duration of a driver’s medical 

certification. The Agency’s decision 

regarding these exemption applications 

is based on the eligibility criteria, the 

terms and conditions for Federal 

exemptions, and an individualized 

assessment of each applicant’s medical 

information provided by the applicant. 

IV. Conclusion 

The Agency has determined that these 

applicants do not satisfy the eligibility 

criteria or meet the terms and 

conditions of the Federal exemption and 

granting these exemptions would not 

provide a level of safety that would be 

equivalent to, or greater than, the level 

of safety that would be obtained by 

complying with § 391.41(b)(11). 

Therefore, the four applicants in this 

notice have been denied exemptions 

from the physical qualification 

standards in § 391.41(b)(11). 

Each applicant has, prior to this 

notice, received a letter of final 


khammond on DSKJM1Z7X2PROD with NOTICES