Qualification of Drivers; Exemption Renewals; Vision, 65009-65010 [E8-26059]
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Federal Register / Vol. 73, No. 212 / Friday, October 31, 2008 / Notices
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request in the Federal Register (49 CFR
381.315(a)). The Agency must provide
the public with an opportunity to
inspect the information relevant to the
application, including any safety
analyses that have been conducted. The
Agency must also provide an
opportunity for public comment on the
request.
The Agency reviews the safety
analyses and the public comments 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).
The decision of the Agency must be
published in the Federal Register (49
CFR 381.315(b)). If the Agency denies
the request, it must state the reason for
doing so. If the decision is to grant the
exemption, the notice must specify the
person or class of persons receiving the
exemption and the regulatory provision
or provisions from which an exemption
is granted. The notice must also specify
the effective period of the exemption
(up to 2 years) and explain the terms
and conditions of the exemption (49
CFR 381.315(c)). The exemption may be
renewed (49 CFR 381.300(b)).
DriveCam’s Application for Exemption
On April 14, 2008, DriveCam applied
for an exemption from 49 CFR
393.60(e)(1) to allow the installation of
video event recorders on all CMVs. A
copy of the application is included in
the docket referenced at the beginning
of this notice.
Section 393.60(e)(1) of the FMCSRs
prohibits the obstruction of the driver’s
field of view by devices mounted at the
top of the windshield. Antennas,
transponders and similar devices
(devices) must not be mounted more
than 152 mm (6 inches) below the upper
edge of the windshield. These devices
must be located outside the area swept
by the windshield wipers and outside
the driver’s sight lines to the road and
highway signs and signals.
DriveCam believes that the current
restrictions on the location of devices
mounted in the windshield area
significantly degrade the ability of video
event recorders to capture the proper
viewing area in CMVs. DriveCam states
that manufacturers have voluntarily
installed larger windshield wipers on
the windshields of CMVs that increase
the swept area beyond that which is
minimally required by Federal Motor
Vehicle Safety Standard (FMVSS) No.
104, ‘‘Windshield wiping and washing
systems.’’ FMVSS No. 104 establishes
the requirements applicable to vehicle
and equipment manufacturers for
windshield wiper system coverage for
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passenger cars, multi-purpose passenger
vehicles, trucks and buses.
DriveCam believes that video event
recorders, for optimal effectiveness,
should be mounted on the vehicle
windshield on the interior of the vehicle
in a position that enables the videocapture of what is happening in front of
the vehicle as well as an internal videocapture of the driver. The view of what
is happening in front of the vehicle
requires that the forward lens of the
recorder be in the swept area of the
windshield for a clear view in inclement
weather. DriveCam states:
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 caption 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.
‘‘Section 393.60(e)(1) was designed to
avoid placement of devices on the
windshield that would obstruct a driver’s
useful view of the roadway. However,
because of the increase of the size * * * of
the area swept by the windshield wipers,
video event recorders now must be mounted
so high on the window as to limit the view
of drivers, passengers, and collision events.
Thus, the level of safety that can be produced
by use of video event recorders is limited by
the current regulation. By comparison, the
proposed alternative will enable commercial
vehicle operators to lower the placement of
the video event recorders to a level, which
will maximize the external and internal
views of the recorders while still having
them mounted high enough so as not to limit
the field of vision of the driver.’’
Issued on: October 24, 2008.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E8–26060 Filed 10–30–08; 8:45 am]
DriveCam notes in its exemption
application that the Commercial Vehicle
Safety Alliance (CVSA) submitted a
petition for rulemaking to FMCSA on
October 18, 2007, to amend 49 CFR
393.60(e). The CVSA petition requests
that the FMCSRs be amended to permit
video event recorders and similar
devices that require a clear forward
facing visual field to be mounted not
more than 50 mm (2 inches) below the
upper edge of the area swept by the
windshield wipers, provided that they
are located outside the driver’s sight
lines to the road and highway signs and
signals. In its exemption application,
DriveCam proposes to comply with the
language proposed by CVSA in the
October 2007 petition during the period
of the exemption if it is granted. A copy
of the CVSA petition has been placed in
the docket referenced at the beginning
of this notice.
Qualification of Drivers; Exemption
Renewals; Vision
Request for Comments
In accordance with 49 U.S.C. 31315
and 31136(e), FMCSA requests public
comment from all interested persons on
DriveCam’s application for an
exemption from 49 CFR 393.60(e)(1).
Please note that this application is very
similar to one filed by Greyhound Lines
Inc., and published in the Federal
Register on August 11, 2008 [73 FR
46704]. All comments received before
the close of business on the comment
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BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–00–7165; FMCSA–04–
17984; FMCSA–05–23238; FMCSA–06–
24783]
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
SUMMARY: FMCSA previously
announced its decision to renew the
exemptions from the vision requirement
in the Federal Motor Carrier Safety
Regulations for 13 individuals. FMCSA
has statutory authority to exempt
individuals from the vision requirement
if the exemptions granted will not
compromise safety. The Agency has
reviewed the comments submitted in
response to the previous announcement
and concluded that granting these
exemptions will provide a level of safety
that will be equivalent to, or greater
than, the level of safety maintained
without the exemptions for these
commercial motor vehicle (CMV)
drivers.
Dr.
Mary D. Gunnels, Director, Medical
Programs, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue, SE., Room W64–
224, Washington, DC 20590–0001.
Office hours are from 8:30 a.m. to 5 p.m.
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 73, No. 212 / Friday, October 31, 2008 / Notices
Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at https://
www.regulations.gov.
Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption for a 2year 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 2-year period. The
comment period ended on October 9,
2008.
Discussion of Comments
FMCSA received no comments in this
proceeding.
Conclusion
The Agency has not received any
adverse evidence on any of these drivers
that indicates that safety is being
compromised. Based upon its
evaluation of the 13 renewal
applications, FMCSA renews the
Federal vision exemptions for Robert L.
Aurandt, Donald Bostic, Jr., Harry R.
Brewer, Clarence N. Florey, Jr., Joseph
H. Fowler, Donald R. Hiltz, Kelly R.
Konesky, Gregory T. Lingard, Hollis J.
Martin, Kevin C. Palmer, Charles O.
Rhodes, Gordon G. Roth, and Daniel A.
Sohn.
In accordance with 49 U.S.C. 31136(e)
and 31315, each renewal exemption will
be valid for 2 years unless revoked
earlier by FMCSA. The exemption will
be revoked if: (1) The person fails 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 and 31315.
Issued on: October 21, 2008.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E8–26059 Filed 10–30–08; 8:45 am]
BILLING CODE 4910–EX–P
ACTION:
Region 7: Kansas City
Notice.
Pursuant to 49 U.S.C. 5323(n),
FTA is authorized to consolidate the
certifications and assurances required
by Federal law or regulations for its
programs into a single document. FTA
is also required by 49 U.S.C. 5323(n) to
publish a list of those certifications and
assurances annually.
Appendix A of this Notice contains
the comprehensive compilation of
FTA’s Certifications and Assurances for
Federal Fiscal Year (Federal FY) 2009
applicable to the various Federal
assistance programs that FTA will
administer during that Federal FY.
FTA’s Certifications and Assurances for
Federal FY 2009 reflect Federal
statutory, regulatory, and programmatic
changes that have now become effective.
SUMMARY:
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States served: Arizona, California,
Hawaii, Nevada, Guam, American
Samoa, and the Northern Mariana
Islands. Telephone # 415–744–3133.
Region 10: Seattle
States served: Alaska, Idaho, Oregon,
and Washington. Telephone # 206–220–
7954.
Lower Manhattan Recovery Office
Area served: New York Metropolitan
Area. Telephone # 212–668–2201.
Region 1: Boston
Area served: Washington DC
Metropolitan Area. Telephone # 202–
219–3562/219–3565.
States served: Connecticut, Maine,
Massachusetts, New Hampshire, Rhode
Island, and Vermont. Telephone # 617–
494–2055.
Region 2: New York
States served: New York and New
Jersey. Telephone # 212–668–2170.
New York Metropolitan Office
Philadelphia Metropolitan Office
Area served: Philadelphia
Metropolitan Area. Telephone # 215–
656–7070.
Washington DC Metropolitan Office
Chicago Metropolitan Office
Area served: Chicago Metropolitan
Area. Telephone # 312–886–1616.
Los Angeles Metropolitan Office
Region 3: Philadelphia
States served: Delaware, District of
Columbia, Maryland, Pennsylvania,
Virginia, and West Virginia. Telephone
# 215–656–7100.
Area served: Los Angeles
Metropolitan Area. Telephone # 213–
202–3950.
SUPPLEMENTARY INFORMATION:
1. Purposes
Region 4: Atlanta
States served: Alabama, Florida,
Georgia, Kentucky, Mississippi, North
Carolina, Puerto Rico, South Carolina,
Tennessee, and the U.S. Virgin Islands.
Telephone # 404–865–5600.
States served: Illinois, Indiana,
Michigan, Minnesota, Ohio, and
Wisconsin. Telephone # 312–353–2789.
Federal Transit Administration,
Region 9: San Francisco
FTA
staff in the appropriate FTA Regional
Office or FTA Metropolitan Office listed
below. For copies of other related
documents, see the FTA Web site at
https://www.fta.dot.gov or contact FTA’s
Office of Administration at 202–366–
4022.
FOR FURTHER INFORMATION CONTACT:
Federal Transit Administration
DOT.
States served: Colorado, Montana,
North Dakota, South Dakota, Utah, and
Wyoming. Telephone # 720–963–3300.
Area served: Lower Manhattan.
Telephone # 212–668–1770.
Region 5: Chicago
AGENCY:
Region 8: Denver
Effective Date: These FTA
Certifications and Assurances are
effective on October 1, 2008, the first
day of Federal FY 2009.
DATES:
DEPARTMENT OF TRANSPORTATION
Federal Fiscal Year 2009 Annual List of
Certifications and Assurances for
Federal Transit Administration Grants
and Cooperative Agreements
States served: Iowa, Kansas, Missouri,
and Nebraska. Telephone # 816–329–
3920.
Region 6: Dallas/Ft. Worth
States served: Arkansas, Louisiana,
New Mexico, Oklahoma, and Texas.
Telephone # 817–978–0550.
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The purposes of this Notice are to:
• Publish FTA’s Federal FY 2009
Certifications and Assurances for
Applicants for Federal assistance
administered by FTA and the Projects
for which they seek Federal assistance.
• Highlight new changes to the FTA
Certifications and Assurances now in
effect.
• Identify locations where these FTA
Certifications and Assurances may be
viewed, and
• Provide directions for submitting
these FTA Certifications and
Assurances.
2. Background
a. FTA’s Responsibilities. Since
Federal FY 1995, FTA has been
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Agencies
[Federal Register Volume 73, Number 212 (Friday, October 31, 2008)]
[Notices]
[Pages 65009-65010]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26059]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-00-7165; FMCSA-04-17984; FMCSA-05-23238; FMCSA-06-
24783]
Qualification of Drivers; Exemption Renewals; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: FMCSA previously announced its decision to renew the
exemptions from the vision requirement in the Federal Motor Carrier
Safety Regulations for 13 individuals. FMCSA has statutory authority to
exempt individuals from the vision requirement if the exemptions
granted will not compromise safety. The Agency has reviewed the
comments submitted in response to the previous announcement and
concluded that granting these exemptions will provide a level of safety
that will be equivalent to, or greater than, the level of safety
maintained without the exemptions for these commercial motor vehicle
(CMV) drivers.
FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
[[Page 65010]]
Electronic Access
You may see all the comments online through the Federal Document
Management System (FDMS) at https://www.regulations.gov.
Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for a 2-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 2-year period. The comment
period ended on October 9, 2008.
Discussion of Comments
FMCSA received no comments in this proceeding.
Conclusion
The Agency has not received any adverse evidence on any of these
drivers that indicates that safety is being compromised. Based upon its
evaluation of the 13 renewal applications, FMCSA renews the Federal
vision exemptions for Robert L. Aurandt, Donald Bostic, Jr., Harry R.
Brewer, Clarence N. Florey, Jr., Joseph H. Fowler, Donald R. Hiltz,
Kelly R. Konesky, Gregory T. Lingard, Hollis J. Martin, Kevin C.
Palmer, Charles O. Rhodes, Gordon G. Roth, and Daniel A. Sohn.
In accordance with 49 U.S.C. 31136(e) and 31315, each renewal
exemption will be valid for 2 years unless revoked earlier by FMCSA.
The exemption will be revoked if: (1) The person fails 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 and 31315.
Issued on: October 21, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-26059 Filed 10-30-08; 8:45 am]
BILLING CODE 4910-EX-P