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[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Notices]
[Pages 4835-4836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00900]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0159]

Parts and Accessories Necessary for Safe Operation; Exemption 
Renewal From Vision Systems North America, Inc.

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice of final disposition; granting of renewal of exemption.

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SUMMARY: FMCSA announces its final decision to renew the exemption 
granted to Vision Systems North America, Inc. (VSNA) to allow motor 
carriers to operate commercial motor vehicles (CMV) 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).

DATES: This renewed exemption is effective January 15, 2025, through 
January 15, 2030.

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; [email protected]. If you have questions on viewing or 
submitting material to the docket, call Dockets Operations at (202) 
366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, go to www.regulations.gov, insert the docket 
number ``FMCSA-2019-0159'' in the keyword box, and click ``Search.'' 
Next, sort the results by ``Posted (Newer-Older),'' choose the first 
notice listed, and click ``Browse Comments.'' To view documents 
mentioned in this notice as being available in the docket, go to 
www.regulations.gov, insert the docket number ``FMCSA-2019-0159'' in 
the keyword box, click ``Search,'' and chose the document to review.
    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, 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.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from Federal Motor Carrier Safety Regulations (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 the applicant's safety analysis. 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 achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305(a)). The Agency must 
publish its decision in the Federal Register (49 CFR 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 (49 CFR 381.315(c)(1)). If the exemption is 
denied, the notice will explain the reason for the denial (49 CFR 
381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)).

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.

IV. Application for Renewal of Exemption

    The renewal application for exemption from VSNA was described in 
detail in a Federal Register notice published on October 18, 2024 (89 
FR 83937) and will not be repeated here as the facts have not changed.

V. Public Comments

    The Agency received one comment supporting the exemption renewal 
and no comments opposing it.
    Matthew Buchannan, an individual commenter, stated, ``I fully 
support this request. These have shown to be very reliable in all 
weather conditions day or night. Also, they give the benefit of 
removing the blind spots created by the mirrors themselves. I believe 
that these systems should be allowed on a permanent basis and not just 
another extension.''

VI. FMCSA Safety Analysis and Agency Decision

    FMCSA is not aware of any evidence showing that the operation of 
VSNA's Smart-Vision system in accordance with the conditions of the 
original exemption has resulted in any degradation in safety. Moreover, 
the information VSNA provided in its application supports the view that 
the company's Smart-Vision system 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 renewing the exemption granted on January 15, 2025, for a 
subsequent 5 years, on the terms and conditions set forth in this 
exemption renewal decision, will likely maintain a level of safety that 
is equivalent to, or greater than, the level of safety achieved without 
the exemption.

VII. Exemption Decision

A. Grant of Exemption

    FMCSA renews the exemption for a subsequent period of 5 years 
subject to the terms and conditions of this decision. The exemption 
from the requirements of 49 CFR 393.80 is effective January 15, 2025, 
through January 15, 2030, 11:59 p.m. local time, unless revoked.

[[Page 4836]]

B. Applicability of Exemption

    During the temporary exemption period, motor carriers operating 
CMVs may install and use the VSNA's Smart-Vision system in lieu of the 
two rear-vision mirrors required by Sec.  393.80.

C. Terms and Conditions

    1. This exemption is limited to the VSNA's Smart-Vision system 
installed on CMVs and does not apply to any other camera-based mirror 
replacement system/technology.
    2. Motor carriers using the VSNA's Smart-Vision system installed on 
CMVs must report to FMCSA on an annual basis to [email protected]: (1) the 
total number of CMVs operating under the terms and conditions of the 
exemption; and (2) any crashes, other than front-end crashes, involving 
CMVs operating under the exemption. The reports are due by the end of 
the calendar year beginning from the effective date of this exemption.
    3. Drivers operating CMVs under this exemption must inspect the 
Smart-Vision system each time before operating the CMV and be satisfied 
that it is in proper working order.
    4. Drivers operating CMVs under this exemption must inspect the 
Smart-Vision system 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.
    5. The motor carrier must periodically inspect the Smart-Vision 
system in addition to the existing inspection required at least once 
every 12 months.
    6. Motor carriers using the VSNA's Smart-Vision system installed on 
CMVs must notify FMCSA within 5 business days after they become aware, 
or otherwise determine, that the continued use of Smart-Vision system 
covered by this exemption is no longer likely to maintain a level of 
safety that is at least equivalent to the level that would be achieved 
absent this exemption. Notification must be made by sending an email to 
FMCSA at [email protected].

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. Termination

    FMCSA does not believe that motor carriers and CMVs covered by the 
exemption will experience any deterioration of their safety record. The 
Agency will, however, rescind the exemption if: (1) motor carriers and/
or CMVs operating under the exemption fail to comply with the terms and 
conditions of the exemption; (2) the exemption results 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 objective of 49 U.S.C. 31136 or chapter 313.

Vincent G. White,
Deputy Administrator.
[FR Doc. 2025-00900 Filed 1-15-25; 8:45 am]
BILLING CODE 4910-EX-P
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