Parts and Accessories Necessary for Safe Operation; Exemption Renewal for DriveCam, Inc., 17750-17751 [2013-06610]

Download as PDF 17750 Federal Register / Vol. 78, No. 56 / Friday, March 22, 2013 / Notices recorders on some or all of its bus fleet. On March 19, 2009, FMCSA published a notice of final disposition in the Federal Register granting the exemption (74 FR 11807). On March 22, 2011, FMCSA published a notice of final disposition renewing this exemption until March 20, 2013.The renewal outlined in this notice extends the exemption through March 20, 2015, and requests public comment. FMCSA is not aware of any evidence showing that the installation of video event recorders on Greyhound’s buses, in accordance with the conditions of the original exemption, has resulted in any degradation in safety. The Agency believes that extending the exemption for a period of two years will likely achieve a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption because: (1) The video event recorders will not obstruct drivers’ views of the roadway, highway signs and surrounding traffic due to the fact that the panoramic windshields installed on Greyhound’s buses encompass a large percentage of the front of buses and extend well above the driver’s sight lines; (2) larger windshield wipers installed on Greyhound’s buses increase the swept area well beyond that which is recommended by SAE International’s guidelines for commercial vehicles; and (3) placement of video event recorders just below the larger swept area of the wipers will be well outside of the driver’s useable sight lines. Finally, Greyhound installed DriveCam video event recorders on 90 of its buses operated by their BoltBus division and experienced a 27% reduction in collisions in 2011. srobinson on DSK4SPTVN1PROD with NOTICES Request for Comments FMCSA requests comments from parties with data concerning the safety record of CMVs operated by Greyhound and equipped with video event recorders by April 22, 2013. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315(b)(1), FMCSA will take immediate steps to revoke the Greyhound exemption. Issued on: March 18, 2013. Anne S. Ferro, Administrator. [FR Doc. 2013–06613 Filed 3–21–13; 8:45 am] BILLING CODE 4910–EX–P VerDate Mar<15>2010 18:27 Mar 21, 2013 Jkt 229001 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2008–0312] Parts and Accessories Necessary for Safe Operation; Exemption Renewal for DriveCam, Inc. Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemption; request for comments. AGENCY: SUMMARY: FMCSA renews DriveCam, Inc.’s (DriveCam) exemption which allows the placement of video event recorders at the top of the windshields on commercial motor vehicles (CMVs). Motor carriers may continue to use the video event recorders mounted in the windshield area 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. The Agency has concluded that granting this exemption renewal will maintain a level of safety that is equivalent to or greater than the level of safety achieved without the exemption. However, the Agency requests comments and information on the exemption, especially from anyone who believes this standard will not be maintained. DATES: This decision is effective April 16, 2013. Comments must be received on or before April 22, 2013. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) number FMCSA–2012– XXXX by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Docket Management Facility, U.S. Department of Transportation, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. • Hand Delivery: Ground Floor, Room W12–140, DOT Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday through Friday, except Federal holidays. • Fax: 1–202–493–2251. Instructions: Each submission must include the Agency name and docket number for this notice. For detailed instructions on submitting comments and additional information on the exemption process, see the ‘‘Public Participation’’ heading below. Note that PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. Please see the ‘‘Privacy Act’’ heading for further information. Docket: For access to the docket to read background documents or comments received, go to https:// www.regulations.gov or to Room W12– 140, DOT Building, New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want acknowledgement that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement for the FDMS published in the Federal Register published on December 29, 2010 (73 FR 82132) or you may visit https://www.gpo.gov/fdsys/ pkg/FR-2010-12-29/pdf/2010-32876.pdf. FOR FURTHER INFORMATION CONTACT: Mr. Brian J. Routhier, Vehicle and Roadside Operations Division, Office of Bus and Truck Standards and Operations, MC– PSV, (202) 366–1225; Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 31136(e) and 31315(b)(1), FMCSA may renew an exemption from the Federal Motor Carrier Safety Regulations 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.’’ DriveCam has requested a two year extension of the current exemption from 49 CFR 393.60(e)(1). The procedures for requesting an exemption (including renewals) are set out in 49 CFR part 381. Basis for Renewing Exemption DriveCam applied for an exemption from 49 CFR 393.60(e)(1) to allow the use of video event recorders on all CMVs. On April 15, 2009, FMCSA published a notice of final disposition E:\FR\FM\22MRN1.SGM 22MRN1 srobinson on DSK4SPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 56 / Friday, March 22, 2013 / Notices granting the exemption (74 FR 17549). On April 18, 2011, FMCSA published a notice of final disposition renewing this exemption until April 16, 2013. The renewal outlined in this notice extends the exemption through April 16, 2015, and requests public comment. FMCSA is not aware of any evidence showing that the installation of video event recorders on CMVs, in accordance with the conditions of the original exemption, has resulted in any degradation in safety. FMCSA continues to believe that the potential safety gains from the use of video event recorders to improve driver behavior will improve the overall level of safety to the motoring public. The exemption is renewed subject to the requirements that video event recorders installed in commercial motor vehicles be mounted not more than 5mm (2 inches) below the upper edge of the area swept by the windshield wipers, and located outside the driver’s sight lines to the road and highway signs and signals. The exemption will be valid for two years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) Motor carriers and/ or commercial motor vehicles fail 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(e) and 31315. The Agency believes that extending the exemption for another two years 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 obstruct drivers’ views of the roadway, highway signs and surrounding traffic; (2) trucks and buses generally have an elevated seating position which greatly improves the forward visual field of the driver, and any impairment of available sight lines is 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 is 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 and the motor carrier industry would be unable to continue to test this innovative safety management control system. VerDate Mar<15>2010 18:27 Mar 21, 2013 Jkt 229001 Request for Comments FMCSA requests comments from parties with data concerning the safety record of CMVs equipped with video event recorders by April 22, 2013. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke the DriveCam exemption. Issued on: March 18, 2013. Anne S. Ferro, Administrator. [FR Doc. 2013–06610 Filed 3–21–13; 8:45 am] 17751 Alexandria Old Town, 1767 King Street, Alexandria, VA 22314 in the Washington and Jefferson Rooms on the 2nd floor. The Hilton Alexandria Old Town is located across the street from the King Street Metro station. Copies of all MCSAC Task Statements and an agenda for the entire meeting will be made available in advance of the meeting at https://mcsac.fmcsa.dot.gov. FOR FURTHER INFORMATION CONTACT: Ms. Shannon L. Watson, Senior Advisor to the Associate Administrator for Policy, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590, (202) 385–2395, mcsac@dot.gov. BILLING CODE 4910–EX–P Services for Individuals With Disabilities DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2006–26367] Motor Carrier Safety Advisory Committee (MCSAC): Public Meeting Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of Meeting of Motor Carrier Safety Advisory Committee (MCSAC). AGENCY: SUMMARY: FMCSA announces that its Motor Carrier Safety Advisory Committee will meet from Monday– Wednesday, April 8–10, 2013, in Alexandria, VA. On Monday and Tuesday, April 8 and 9, 2013, the MCSAC will complete its deliberations on Task 13–1 concerning entry-level driver training (ELDT). The MCSAC will receive a briefing from its Compliance, Safety and Accountability (CSA) subcommittee concerning the subcommittee’s preliminary work, to date. The MCSAC will also receive briefings from the Agency on its Motor Carrier Safety Assistance Program and the requirements for States to adopt and enforce compatible regulations and FMCSA exemptions allowing motor carriers to use windshield-mounted driver video monitoring systems. On Wednesday, April 10, 2013, the MCSAC’s CSA Subcommittee will convene. Meetings are open to the public for their entirety and there will be a public comment period at the end of each day. Times and Dates: The meeting will be held Monday–Tuesday, April 8–9, 2013, from 9 a.m. to 5 p.m., Eastern Daylight Time (E.D.T.), and on Wednesday, April 10, 2013, from 9 a.m. to 4 p.m., E.D.T. The meetings will be held at the Hilton PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact Elizabeth Turner at (617) 494–2068, elizabeth.turner@dot.gov, by Tuesday, April 2, 2013. SUPPLEMENTARY INFORMATION: I. Background MCSAC Section 4144 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU, Pub. L. 109–59, 119 Stat. 1144, August 10, 2005) required the Secretary of Transportation to establish the MCSAC. The MCSAC provides advice and recommendations to the FMCSA Administrator on motor carrier safety programs and regulations, and operates in accordance with the Federal Advisory Committee Act (FACA, 5 U.S.C. App 2). II. Meeting Participation Oral comments from the public will be heard during the last half-hour of the meetings each day. Should all public comments be exhausted prior to the end of the specified period, the comment period will close. Members of the public may submit written comments on the topics to be considered during the meeting by Tuesday, April 2, 2013, to Federal Docket Management System (FDMC) Docket Number FMCSA–2006– 26367 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 E:\FR\FM\22MRN1.SGM 22MRN1

Agencies

[Federal Register Volume 78, Number 56 (Friday, March 22, 2013)]
[Notices]
[Pages 17750-17751]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06610]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0312]


Parts and Accessories Necessary for Safe Operation; Exemption 
Renewal for DriveCam, Inc.

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

ACTION: Notice of renewal of exemption; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA renews DriveCam, Inc.'s (DriveCam) exemption which 
allows the placement of video event recorders at the top of the 
windshields on commercial motor vehicles (CMVs). Motor carriers may 
continue to use the video event recorders mounted in the windshield 
area 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. The Agency has 
concluded that granting this exemption renewal will maintain a level of 
safety that is equivalent to or greater than the level of safety 
achieved without the exemption. However, the Agency requests comments 
and information on the exemption, especially from anyone who believes 
this standard will not be maintained.

DATES: This decision is effective April 16, 2013. Comments must be 
received on or before April 22, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) number FMCSA-2012-XXXX by any of the following 
methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington, 
DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. 
e.t., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and 
docket number for this notice. For detailed instructions on submitting 
comments and additional information on the exemption process, see the 
``Public Participation'' heading below. Note that all comments received 
will be posted without change to https://www.regulations.gov, including 
any personal information provided. Please see the ``Privacy Act'' 
heading for further information.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov or to Room W12-140, 
DOT Building, New Jersey Avenue SE., Washington, DC, between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The Federal 
Docket Management System (FDMS) is available 24 hours each day, 365 
days each year. If you want acknowledgement that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments on-line.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement for the FDMS published in the Federal 
Register published on December 29, 2010 (73 FR 82132) or you may visit 
https://www.gpo.gov/fdsys/pkg/FR-2010-12-29/pdf/2010-32876.pdf.

FOR FURTHER INFORMATION CONTACT: Mr. Brian J. Routhier, Vehicle and 
Roadside Operations Division, Office of Bus and Truck Standards and 
Operations, MC-PSV, (202) 366-1225; Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: 

Background

    Under 49 U.S.C. 31136(e) and 31315(b)(1), FMCSA may renew an 
exemption from the Federal Motor Carrier Safety Regulations 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.'' DriveCam has requested a two year 
extension of the current exemption from 49 CFR 393.60(e)(1). The 
procedures for requesting an exemption (including renewals) are set out 
in 49 CFR part 381.

Basis for Renewing Exemption

    DriveCam applied for an exemption from 49 CFR 393.60(e)(1) to allow 
the use of video event recorders on all CMVs. On April 15, 2009, FMCSA 
published a notice of final disposition

[[Page 17751]]

granting the exemption (74 FR 17549). On April 18, 2011, FMCSA 
published a notice of final disposition renewing this exemption until 
April 16, 2013. The renewal outlined in this notice extends the 
exemption through April 16, 2015, and requests public comment.
    FMCSA is not aware of any evidence showing that the installation of 
video event recorders on CMVs, in accordance with the conditions of the 
original exemption, has resulted in any degradation in safety. FMCSA 
continues to believe that the potential safety gains from the use of 
video event recorders to improve driver behavior will improve the 
overall level of safety to the motoring public.
    The exemption is renewed subject to the requirements that video 
event recorders installed in commercial motor vehicles be mounted not 
more than 5mm (2 inches) below the upper edge of the area swept by the 
windshield wipers, and located outside the driver's sight lines to the 
road and highway signs and signals. The exemption will be valid for two 
years unless rescinded earlier by FMCSA. The exemption will be 
rescinded if: (1) Motor carriers and/or commercial motor vehicles fail 
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(e) and 
31315.
    The Agency believes that extending the exemption for another two 
years 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 obstruct drivers' views of 
the roadway, highway signs and surrounding traffic; (2) trucks and 
buses generally have an elevated seating position which greatly 
improves the forward visual field of the driver, and any impairment of 
available sight lines is 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 is 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 and the motor carrier industry would 
be unable to continue to test this innovative safety management control 
system.

Request for Comments

    FMCSA requests comments from parties with data concerning the 
safety record of CMVs equipped with video event recorders by April 22, 
2013. The Agency will evaluate any adverse evidence submitted and, if 
safety is being compromised or if continuation of the exemption would 
not be consistent with the goals and objectives of 49 U.S.C. 31136(e) 
and 31315, FMCSA will take immediate steps to revoke the DriveCam 
exemption.

    Issued on: March 18, 2013.
Anne S. Ferro,
 Administrator.
[FR Doc. 2013-06610 Filed 3-21-13; 8:45 am]
BILLING CODE 4910-EX-P