Parts and Accessories Necessary for Safe Operation; Grant of Exemption for DriveCam, Inc., 17549-17551 [E9-8595]
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Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Notices
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Carmen Suro-Bredie,
Chair, Trade Policy Staff Committee.
[FR Doc. E9–8548 Filed 4–14–09; 8:45 am]
BILLING CODE 3190–W9–P
DEPARTMENT OF TRANSPORTATION
rwilkins on PROD1PC63 with PROPOSALS
Federal Aviation Administration
[Summary Notice No. PE–2009–11]
Petitions for Exemption; Summary of
Petitions Received
Federal Aviation
Administration (FAA), DOT.
AGENCY:
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16:44 Apr 14, 2009
Jkt 217001
ACTION: Notice of petitions for
exemption received; Extension of
comment period.
SUMMARY: In accordance with 14 CFR
11.47(c), the FAA has received a
petition from NetJets Aviation, Inc. That
petition requested an extension of the
comment period for a petition from
CitationShares Management LLC. The
FAA will extend the comment period
for 40 days after date of publication.
DATES: Comments on petitions received
must identify the petition docket
number involved and must be received
on or before May 26, 2009.
ADDRESSES: You may send comments
identified by Docket Number FAA–
2009–0083 using any of the following
methods:
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically.
• Mail: Send comments to the Docket
Management Facility; U.S. Department
of Transportation, 1200 New Jersey
Avenue, SE., West Building Ground
Floor, Room W12–140, Washington, DC
20590.
• Fax: Fax comments to the Docket
Management Facility at 202–493–2251.
• Hand Delivery: Bring comments to
the Docket Management Facility in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue, SE., Washington, DC, between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
• Docket: To read background
documents or comments received, go to
https://www.regulations.gov at any time
or to the Docket Management Facility in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue, SE., Washington, DC, between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION: We will
post all comments we receive, without
change, to https://www.regulations.gov,
including any personal information you
provide. Using the search function of
our docket Web site, anyone can find
and read the comments received into
any of our dockets, including the name
of the individual sending the comment
(or signing the comment for an
association, business, labor union, etc.).
You may review DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(65 FR 19477–78).
Background
The comment period for the Summary
of Petition Received published on
March 25, 2009 (74 FR 12924) and
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17549
closes on April 14, 2009. However,
NetJets Aviation, Inc. petitioned the
FAA to extend the comment period.
This notice extends the comment
period.
FOR FURTHER INFORMATION CONTACT:
Tyneka Thomas (202) 267–7626 or
Laverne Brunache (202) 267–3133,
Office of Rulemaking, Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington, DC 20591.
This notice is published pursuant to
14 CFR 11.85.
Issued in Washington, DC, on April 10,
2009.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. E9–8607 Filed 4–14–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2008–0312]
Parts and Accessories Necessary for
Safe Operation; Grant of Exemption for
DriveCam, Inc.
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
SUMMARY: The Federal Motor Carrier
Safety Administration (FMCSA)
announces its decision to grant an
exemption to DriveCam, Inc. (DriveCam)
that will enable video event recorders to
be mounted on commercial motor
vehicles lower in the windshield than is
currently permitted by the Agency’s
regulations. DriveCam requested the
exemption so that commercial motor
vehicle operators would be able to use
video event recorders to increase safety
through (1) identification and
remediation of risky driving behaviors
such as distracted driving and
drowsiness; (2) enhanced monitoring of
passenger behavior for CMVs in
passenger service; and (3) enhanced
collision review and analysis. FMCSA
believes that permitting video event
recorders to be mounted lower than
currently allowed, but still outside the
driver’s sight lines to the road and
highway signs and signals, will
maintain a level of safety that is
equivalent to, or greater than, the level
of safety achieved without the
exemption.
DATES: This exemption is effective from
April 15, 2009 through April 15, 2011.
FOR FURTHER INFORMATION CONTACT: Mr.
Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Bus and
E:\FR\FM\15APN1.SGM
15APN1
17550
Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Notices
Truck Standards and Operations, MC–
PSV, (202) 366–0676, Federal Motor
Carrier Safety Administration, 1200
New Jersey Avenue, SE., Washington,
DC 20590–0001.
SUPPLEMENTARY INFORMATION:
rwilkins on PROD1PC63 with PROPOSALS
Background
Under 49 U.S.C. 31315 and 31136(e),
FMCSA may grant an exemption from
the prohibition on obstructions to the
driver’s field of view requirements in 49
CFR 393.60(e) for a two-year period if it
finds ‘‘such exemption would likely
achieve a level of safety that is
equivalent to, or greater than, the level
of safety that would be achieved absent
such exemption’’ (49 CFR 381.305(a)).
DriveCam’s Request for Exemption
DriveCam applied for an exemption
from 49 CFR 393.60(e)(1) to allow the
use of video event recorders on all
commercial motor vehicles.
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 states that one of the
primary deployers of video event
recorders has been the motorcoach
industry. DriveCam notes that over the
last several years, the structural and
aesthetic design of buses has changed
considerably to include windshields
that encompass a larger percentage of
the front area of a motor coach and that
extend well beyond the driver’s useable
sight line. As a result, manufacturers
have voluntarily installed larger
windshield wipers on these windshields
that increase the swept area beyond the
minimum 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
passenger cars, multi-purpose passenger
vehicles, trucks and buses.
DriveCam states that video event
recorders, for optimal effectiveness, are
mounted on the vehicle windshield on
the interior of the vehicle in a position
that enables the video-capture of what is
happening in front of the vehicle as well
as an internal video-capture of the
driver (and passengers in passenger
carrier vehicles). The view toward the
front requires that the forward lens of
VerDate Nov<24>2008
16:44 Apr 14, 2009
Jkt 217001
the recorder be in the swept area of the
windshield for a clear view in inclement
weather. DriveCam states:
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 motorcoach windows and the
corresponding increase in 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 DriveCam 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.
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. DriveCam proposes that motor
carriers utilizing the exemption be
required to comply with the standard
proposed in the CVSA petition if it is
adopted during the 2-year exemption
period. Copies of DriveCam’s
application for exemption and the
CVSA petition are available for review
in the docket for this notice.
DriveCam contends that video event
recorders, once intergrated into fleets,
have been shown to reduce the
incidence of preventable vehicle
incidents and crashes by 30–40 percent
when used with a program to (1) review
non-crash events, and (2) coach drivers
to improve driving behavior. DriveCam
provided a number of case studies of
commercial fleets that it has conducted
to support these claims.
Comments
On October 31, 2008, FMCSA
published notice of the DriveCam
application and asked for public
comment (73 FR 65008). The Agency
received two comments.
1. Mr. Richard L. Cofer, of Southern
Company, a large utility with over 2,500
commercial motor vehicles, stated that
Southern supports the use of video
event recorders, and does not object to
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Frm 00104
Fmt 4703
Sfmt 4703
granting the exemption. Mr. Cofer stated
that the devices present relatively minor
visual obstruction when placed directly
under the rear view mirror. Mr. Cofer
stated that if an exemption is granted,
the Agency should specifically identify
where the devices can be placed.
FMCSA Response: DriveCam
proposed to require motor carriers to
mount video event recorders not more
than 50 mm (2 inches) below the upper
edge of the area swept by the
windshield wipers, and outside the
driver’s sight lines to the road and
highway signs and signals in accordance
with the CVSA petition for rulemaking.
As noted below, the Agency has
adopted these parameters as conditions
of the exemption.
2. The California Highway Patrol
(CHP) stated that the windshield
visibility requirements in the California
Vehicle Code (CVC), Section 26708, are
based on the preemptive requirements
of the Federal Motor Carrier Safety
Standards (FMVSS) (49 CFR part
571.104) and cannot be changed without
a statutory amendment. Until that step
is taken, CHP asserted that the
installation of video event recorders as
proposed by DriveCam would be
prohibited in California. In addition,
CHP expressed concern regarding the
lack of any safety studies and related
supporting data to support the
exemption application.
FMCSA Response: While FMCSA
acknowledges that DriveCam did not
present specific studies or data showing
that safety will not be degraded, the
Agency believes that placement of video
event recorders just below the top of the
swept area of the windshield wipers
will (1) be well outside the drivers’ sight
lines, (2) allow the Agency to test, on an
interim basis, an innovative safety
management control system, and (3) not
negatively affect safety. The FMCSA
encourages any party having
information that motor carriers utilizing
this exemption are not achieving the
requisite level of safety immediately to
notify the Agency. If safety is being
compromised, or if the continuation of
the exemption is not consistent with 49
U.S.C. 31315(b) and 31136(e), FMCSA
will take immediate steps to revoke the
exemption.
FMVSS 104, Windshield Wiping and
Washing Systems (49 CFR 571.104),
applies to vehicle manufactures, while
this exemption applies to individuals or
businesses that purchase and operate
the vehicles. Pursuant to 49 U.S.C.
31315(d) (as implemented by 49 CFR
381.600), ‘‘[d]uring the period that a[n]
* * * exemption * * * is in effect
* * * no State shall enforce any law or
regulation that conflicts with or is
E:\FR\FM\15APN1.SGM
15APN1
Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Notices
inconsistent with the * * * exemption
* * * with respect to a person operating
under the * * * exemption * * *.’’ To
the extent CVC 26708 conflicts with this
exemption, it is preempted by Federal
law and may not be enforced.
DEPARTMENT OF TRANSPORTATION
Terms and Conditions for the
Exemption
AGENCY: Federal Highway
Administration (FHWA), DOT
ACTION: Notice of Limitation on Claims
for Judicial Review of Actions by the
California Department of Transportation
(Caltrans), pursuant to 23 U.S.C. 327.
Based on its evaluation of the
application for an exemption, FMCSA
grants DriveCam’s exemption
application. The Agency believes that
the safety performance of motor carriers
during the 2-year exemption period will
likely achieve a level of safety that is
equivalent to, or greater than, the level
of safety achieved without the
exemption because (1) based on the
technical information available, there is
no indication that the video event
recorders would obstruct drivers’ views
of the roadway, highway signs and
surrounding traffic; (2) generally, trucks
and buses have an elevated seating
position which greatly improves the
forward visual field of the driver, and
any impairment of available sight lines
would be minimal; and (3) the location
within the top two inches of the area
swept by the windshield wiper and out
of the driver’s normal sightline should
be reasonable and enforceable at
roadside. In addition, the Agency
believes that the use of video event
recorders by fleets to deter unsafe
driving behavior is likely to improve the
overall level of safety to the motoring
public. Without the exemption, FMCSA
would be unable to test this innovative
safety management control system.
The Agency hereby grants the
exemption for a two-year period,
beginning April 15, 2009 and ending
April 15, 2011.
During the temporary exemption
period, motor carriers using video event
recorders must ensure that the devices
are mounted not more than 50 mm (2
inches) below the upper edge of the area
swept by the windshield wipers, and
outside the driver’s sight lines to the
road and highway signs and signals.
rwilkins on PROD1PC63 with PROPOSALS
Preemption
During the period the 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.
Issued on: April 6, 2009.
William A. Quade,
Acting Chief Safety Officer.
[FR Doc. E9–8595 Filed 4–14–09; 8:45 am]
BILLING CODE 4910–EX–P
VerDate Nov<24>2008
16:44 Apr 14, 2009
Jkt 217001
Federal Highway Administration
Notice of Final Federal Agency Actions
on Proposed Highway in California
SUMMARY: The FHWA, on behalf of
Caltrans, is issuing this notice to
announce actions taken by Caltrans that
are final within the meaning of 23
U.S.C. 139(l)(1). The actions relate to a
proposed highway project along
Interstate 805 from the proposed Carroll
Canyon Road Direct Access Ramp (DAR)
to the I–805/I–5 merge in the County of
San Diego, State of California. Those
actions grant licenses, permits, and
approvals for the project.
DATES: By this notice, the FHWA, on
behalf of Caltrans, is advising the public
of final agency actions subject to 23
U.S.C. 139(l)(1). A claim seeking
judicial review of the Federal agency
actions on the highway project will be
barred unless the claim is filed on or
before October 13, 2009. If the Federal
law that authorizes judicial review of a
claim provides a time period of less
than 180 days for filing such claim, then
that shorter time period still applies.
FOR FURTHER INFORMATION CONTACT:
Susanne Glasgow, Deputy District
Director, Division of Environmental
Analysis, California Department of
Transportation, 4050 Taylor Street, San
Diego, CA 92110, Regular Office Hours
8 a.m. to 5 p.m., Telephone number
619–688–0100, e-mail:
Susanne.Glasgow@dot.ca.gov.
SUPPLEMENTARY INFORMATION: Effective
July 1, 2007, the Federal Highway
Administration (FHWA) assigned and
the California Department of
Transportation (Caltrans) assumed
environmental responsibilities for this
project pursuant to 23 U.S.C. 327.
Notice is hereby given that Caltrans and
the USFWS have taken final agency
actions subject to 23 U.S.C. 139(l)(1) by
issuing licenses, permits, and approvals
for the following highway project in the
State of California. The California
Department of Transportation (Caltrans)
proposes to extend Carroll Canyon Road
under Interstate 805 (I–805), construct
north facing Direct Access Ramps
(DARs) from the extension of Carroll
Canyon Road to I–805, and add north
and southbound High Occupancy
Vehicle (HOV) lanes on I–805 from the
DARs, north to the I–805 junction with
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17551
I–5. The project extends for a length of
2.2 mi (3.5 km). The project would
provide additional access for motorists
to I–805 that are currently experiencing
substantial delay at the existing Mira
Mesa Boulevard/Sorrento Valley Road
interchange. The actions by the Federal
agencies and the laws under which such
actions were taken are described in the
Final Environmental Assessment (EA),
and a Finding of No Significant Impact
(FONSI) was issued for the project on
April 2, 2009. The EA/FONSI and other
project records are available by
contacting Caltrans at the address
provided above. The EA/FONSI and
other project records can be viewed and
downloaded from the project web site
at: https://www.dot.ca.gov/dist11/
Env_docs/I-805CCRFinal_4-09.pdf. This
notice applies to all Federal agency
decisions as of the issuance date of this
notice and all laws under which such
actions were taken including but not
limited to:
1. Council on Environmental Quality
regulations;
2. National Environmental Policy Act
(NEPA);
3. Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA–LU);
4. Department of Transportation Act
of 1966;
5. Federal Aid Highway Act of 1970;
6. Clean Air Act Amendments of
1990;
7. Clean Water Act of 1977 and 1987;
8. Endangered Species Act of 1973;
9. Migratory Bird Treaty Act;
10. Farmland Protection Policy Act of
1981;
11. Title VI of the Civil Rights Act of
1964;
12. Uniform Relocation Assistance
and Real Property Acquisition Act of
1970;
13. National Historic Preservation Act
of 1966;
14. Historic Sites Act of 1935;
15. Executive Order 11990, Protection
of Wetlands;
16. Executive Order 13112, Invasive
Species;
17. Executive Order 11988,
Floodplain Management; and
18. Executive Order 12898,
Environmental Justice.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Authority: 23 U.S.C. 139(l)(1).
E:\FR\FM\15APN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 71 (Wednesday, April 15, 2009)]
[Notices]
[Pages 17549-17551]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8595]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2008-0312]
Parts and Accessories Necessary for Safe Operation; Grant of
Exemption for DriveCam, Inc.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant an exemption to DriveCam, Inc.
(DriveCam) that will enable video event recorders to be mounted on
commercial motor vehicles lower in the windshield than is currently
permitted by the Agency's regulations. DriveCam requested the exemption
so that commercial motor vehicle operators would be able to use video
event recorders to increase safety through (1) identification and
remediation of risky driving behaviors such as distracted driving and
drowsiness; (2) enhanced monitoring of passenger behavior for CMVs in
passenger service; and (3) enhanced collision review and analysis.
FMCSA believes that permitting video event recorders to be mounted
lower than currently allowed, but still outside the driver's sight
lines to the road and highway signs and signals, will maintain a level
of safety that is equivalent to, or greater than, the level of safety
achieved without the exemption.
DATES: This exemption is effective from April 15, 2009 through April
15, 2011.
FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Bus and
[[Page 17550]]
Truck Standards and Operations, MC-PSV, (202) 366-0676, Federal Motor
Carrier Safety Administration, 1200 New Jersey Avenue, SE., Washington,
DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption
from the prohibition on obstructions to the driver's field of view
requirements in 49 CFR 393.60(e) for a two-year period if it finds
``such exemption would likely achieve a level of safety that is
equivalent to, or greater than, the level of safety that would be
achieved absent such exemption'' (49 CFR 381.305(a)).
DriveCam's Request for Exemption
DriveCam applied for an exemption from 49 CFR 393.60(e)(1) to allow
the use of video event recorders on all commercial motor vehicles.
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 states that one of the primary deployers of video event
recorders has been the motorcoach industry. DriveCam notes that over
the last several years, the structural and aesthetic design of buses
has changed considerably to include windshields that encompass a larger
percentage of the front area of a motor coach and that extend well
beyond the driver's useable sight line. As a result, manufacturers have
voluntarily installed larger windshield wipers on these windshields
that increase the swept area beyond the minimum 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 passenger cars, multi-purpose passenger vehicles,
trucks and buses.
DriveCam states that video event recorders, for optimal
effectiveness, are mounted on the vehicle windshield on the interior of
the vehicle in a position that enables the video-capture of what is
happening in front of the vehicle as well as an internal video-capture
of the driver (and passengers in passenger carrier vehicles). The view
toward the front 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:
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 motorcoach
windows and the corresponding increase in 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 DriveCam 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.
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.
DriveCam proposes that motor carriers utilizing the exemption be
required to comply with the standard proposed in the CVSA petition if
it is adopted during the 2-year exemption period. Copies of DriveCam's
application for exemption and the CVSA petition are available for
review in the docket for this notice.
DriveCam contends that video event recorders, once intergrated into
fleets, have been shown to reduce the incidence of preventable vehicle
incidents and crashes by 30-40 percent when used with a program to (1)
review non-crash events, and (2) coach drivers to improve driving
behavior. DriveCam provided a number of case studies of commercial
fleets that it has conducted to support these claims.
Comments
On October 31, 2008, FMCSA published notice of the DriveCam
application and asked for public comment (73 FR 65008). The Agency
received two comments.
1. Mr. Richard L. Cofer, of Southern Company, a large utility with
over 2,500 commercial motor vehicles, stated that Southern supports the
use of video event recorders, and does not object to granting the
exemption. Mr. Cofer stated that the devices present relatively minor
visual obstruction when placed directly under the rear view mirror. Mr.
Cofer stated that if an exemption is granted, the Agency should
specifically identify where the devices can be placed.
FMCSA Response: DriveCam proposed to require motor carriers to
mount video event recorders not more than 50 mm (2 inches) below the
upper edge of the area swept by the windshield wipers, and outside the
driver's sight lines to the road and highway signs and signals in
accordance with the CVSA petition for rulemaking. As noted below, the
Agency has adopted these parameters as conditions of the exemption.
2. The California Highway Patrol (CHP) stated that the windshield
visibility requirements in the California Vehicle Code (CVC), Section
26708, are based on the preemptive requirements of the Federal Motor
Carrier Safety Standards (FMVSS) (49 CFR part 571.104) and cannot be
changed without a statutory amendment. Until that step is taken, CHP
asserted that the installation of video event recorders as proposed by
DriveCam would be prohibited in California. In addition, CHP expressed
concern regarding the lack of any safety studies and related supporting
data to support the exemption application.
FMCSA Response: While FMCSA acknowledges that DriveCam did not
present specific studies or data showing that safety will not be
degraded, the Agency believes that placement of video event recorders
just below the top of the swept area of the windshield wipers will (1)
be well outside the drivers' sight lines, (2) allow the Agency to test,
on an interim basis, an innovative safety management control system,
and (3) not negatively affect safety. The FMCSA encourages any party
having information that motor carriers utilizing this exemption are not
achieving the requisite level of safety immediately to notify the
Agency. If safety is being compromised, or if the continuation of the
exemption is not consistent with 49 U.S.C. 31315(b) and 31136(e), FMCSA
will take immediate steps to revoke the exemption.
FMVSS 104, Windshield Wiping and Washing Systems (49 CFR 571.104),
applies to vehicle manufactures, while this exemption applies to
individuals or businesses that purchase and operate the vehicles.
Pursuant to 49 U.S.C. 31315(d) (as implemented by 49 CFR 381.600),
``[d]uring the period that a[n] * * * exemption * * * is in effect * *
* no State shall enforce any law or regulation that conflicts with or
is
[[Page 17551]]
inconsistent with the * * * exemption * * * with respect to a person
operating under the * * * exemption * * *.'' To the extent CVC 26708
conflicts with this exemption, it is preempted by Federal law and may
not be enforced.
Terms and Conditions for the Exemption
Based on its evaluation of the application for an exemption, FMCSA
grants DriveCam's exemption application. The Agency believes that the
safety performance of motor carriers during the 2-year exemption period
will likely achieve a level of safety that is equivalent to, or greater
than, the level of safety achieved without the exemption because (1)
based on the technical information available, there is no indication
that the video event recorders would obstruct drivers' views of the
roadway, highway signs and surrounding traffic; (2) generally, trucks
and buses have an elevated seating position which greatly improves the
forward visual field of the driver, and any impairment of available
sight lines would be minimal; and (3) the location within the top two
inches of the area swept by the windshield wiper and out of the
driver's normal sightline should be reasonable and enforceable at
roadside. In addition, the Agency believes that the use of video event
recorders by fleets to deter unsafe driving behavior is likely to
improve the overall level of safety to the motoring public. Without the
exemption, FMCSA would be unable to test this innovative safety
management control system.
The Agency hereby grants the exemption for a two-year period,
beginning April 15, 2009 and ending April 15, 2011.
During the temporary exemption period, motor carriers using video
event recorders must ensure that the devices are mounted not more than
50 mm (2 inches) below the upper edge of the area swept by the
windshield wipers, and outside the driver's sight lines to the road and
highway signs and signals.
Preemption
During the period the 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.
Issued on: April 6, 2009.
William A. Quade,
Acting Chief Safety Officer.
[FR Doc. E9-8595 Filed 4-14-09; 8:45 am]
BILLING CODE 4910-EX-P
