Parts and Accessories Necessary for Safe Operation; Exemption Renewal for Lytx, Inc., 14231-14232 [2015-06190]

Download as PDF Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices provisions of the driver’s record of duty status rules in 49 CFR part 395. The Agency will consider all comments received by close of business on April 17, 2015. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. The Agency will consider to the extent practicable comments received in the public docket after the closing date of the comment period. Extent of the Exemption The exemption would be restricted to drivers employed by Trailways and other regular-route for-hire passengercarrier drivers. Instead of complying with the provisions in 49 CFR 395.8(c), these drivers would be exempted from changing their duty status from ‘‘driving’’ to ‘‘on-duty not driving’’ when making stops of less than 10 minutes. These drivers must comply with all other applicable provisions of the Federal Motor Carrier Safety Regulations (49 CFR parts 350–399). Terms of the Exemption The limited exemption from the HOS RODs requirements of 49 CFR 395.8(c) is proposed to be effective from 12:01 a.m. on May 31, 2015, through 11:59 p.m. on May 31, 2017. Preemption In accordance with 49 U.S.C. 31315(d), during the period this exemption would be in effect, no State may enforce any law or regulation that conflicts with or is inconsistent with the exemption with respect to a firm or person operating under the exemption. mstockstill on DSK4VPTVN1PROD with NOTICES Notification to FMCSA Trailways and other regular-route forhire passenger-carriers would be required to notify FMCSA within 5 business days of any accident (as defined in 49 CFR 390.5), involving any of the motor carrier’s CMVs operating under the terms of this exemption. The notification must include the following information: a. Date of the accident, b. City or town, and State, in which the accident occurred, or closest to the accident scene, c. Driver’s name and driver’s license number and State of issuance, d. Vehicle number and State license plate number, e. Number of individuals suffering physical injury, f. Number of fatalities, g. The police-reported cause of the accident, 19:00 Mar 17, 2015 Termination FMCSA does not believe the drivers covered by this exemption will experience any deterioration of their safety record. However, should this occur, FMCSA will take all steps necessary to protect the public interest, including revocation or restriction of the exemption. The FMCSA will immediately revoke or restrict the exemption for failure to comply with its terms and conditions. Issued on: March 11, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–06176 Filed 3–17–15; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Period of the Exemption VerDate Sep<11>2014 h. Whether the driver was cited for violation of any traffic laws or motor carrier safety regulations, and i. The driver’s total driving time and total on-duty time period prior to the accident. Reports filed under this provision shall be emailed to MCPSD@dot.gov. Jkt 235001 Federal Motor Carrier Safety Administration [Docket No. FMCSA–2008–0312] Parts and Accessories Necessary for Safe Operation; Exemption Renewal for Lytx, Inc. Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemption; request for comments. AGENCY: FMCSA renews Lytx, Inc.’s (Lytx) (previously DriveCam, Inc.) 1 exemption which allows the placement of video event recorders within the swept area 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 SUMMARY: 1 On November 4, 2013, the company changed its name from DriveCam, Inc. to Lytx, Inc.). PO 00000 Frm 00162 Fmt 4703 Sfmt 4703 14231 who believes this standard will not be maintained. DATES: This decision is effective March 18, 2015. Comments must be received on or before April 17, 2015. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) number FMCSA–2008– 0312 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 selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. 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 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside Operations Division, Office of Bus and Truck Standards and Operations, MC– E:\FR\FM\18MRN1.SGM 18MRN1 14232 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices PSV, (202) 366–4325; Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with NOTICES Background FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain parts of the Federal Motor Carrier Safety Regulations. 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 any safety analyses that have been conducted. The Agency must also 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). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)) with the reasons for denying or granting the application and, if granted, the name of the person or class of persons receiving the exemption, and the regulatory provision from which the exemption is granted. The notice must also specify the effective period and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). Basis for Renewing Exemption Lytx applied for an exemption from 49 CFR 393.60(e)(1) to allow the placement of video event recorders within the area swept by CMV windshield wipers. On April 15, 2009, FMCSA published a notice of final disposition granting the exemption (74 FR 17549). On April 18, 2011, FMCSA published a notice of final disposition renewing this exemption until April 16, 2013 (76 FR 21791). On March 22, 2013, FMCSA published a notice of final disposition renewing this exemption until April 16, 2015 (78 FR 17750). The renewal outlined in this Notice extends the exemption through April 16, 2017. 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. VerDate Sep<11>2014 19:00 Mar 17, 2015 Jkt 235001 The exemption is renewed subject to the requirements that video event recorders installed in CMVs be mounted not more than 50mm (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. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. Request for Comments FMCSA requests comments from parties with data concerning the safety record of CMVs equipped with video event recorders by April 17, 2015. 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 PO 00000 Frm 00163 Fmt 4703 Sfmt 4703 take immediate steps to revoke the Lytx exemption. Issued on: March 12, 2015. T.F. Scott Darling III, Acting Administrator. [FR Doc. 2015–06190 Filed 3–17–15; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2014–0314] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions request for comments. AGENCY: FMCSA announces receipt of applications from 39 individuals for exemption from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce. SUMMARY: Comments must be received on or before April 17, 2015. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2014–0314 using 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, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. Instructions: Each submission must include the Agency name and the docket numbers for this notice. 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 below for further information. Docket: For access to the docket to read background documents or comments, go to https:// DATES: E:\FR\FM\18MRN1.SGM 18MRN1

Agencies

[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Notices]
[Pages 14231-14232]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06190]


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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 Lytx, Inc.

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

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

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

SUMMARY: FMCSA renews Lytx, Inc.'s (Lytx) (previously DriveCam, Inc.) 
\1\ exemption which allows the placement of video event recorders 
within the swept area 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.
---------------------------------------------------------------------------

    \1\ On November 4, 2013, the company changed its name from 
DriveCam, Inc. to Lytx, Inc.).

DATES: This decision is effective March 18, 2015. Comments must be 
---------------------------------------------------------------------------
received on or before April 17, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) number FMCSA-2008-0312 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: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. 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 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside 
Operations Division, Office of Bus and Truck Standards and Operations, 
MC-

[[Page 14232]]

PSV, (202) 366-4325; Federal Motor Carrier Safety Administration, 1200 
New Jersey Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: 

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
Regulations. 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 any safety analyses that have been conducted. 
The Agency must also 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). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reasons for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted. The notice must also specify the effective period and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

Basis for Renewing Exemption

    Lytx applied for an exemption from 49 CFR 393.60(e)(1) to allow the 
placement of video event recorders within the area swept by CMV 
windshield wipers. On April 15, 2009, FMCSA published a notice of final 
disposition granting the exemption (74 FR 17549). On April 18, 2011, 
FMCSA published a notice of final disposition renewing this exemption 
until April 16, 2013 (76 FR 21791). On March 22, 2013, FMCSA published 
a notice of final disposition renewing this exemption until April 16, 
2015 (78 FR 17750). The renewal outlined in this Notice extends the 
exemption through April 16, 2017.
    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 CMVs be mounted not more than 50mm (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.

Preemption

    During the period the exemption is in effect, no State shall 
enforce any law or regulation that conflicts with this exemption with 
respect to a person operating under the exemption.

Request for Comments

    FMCSA requests comments from parties with data concerning the 
safety record of CMVs equipped with video event recorders by April 17, 
2015. 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 Lytx 
exemption.

    Issued on: March 12, 2015.
T.F. Scott Darling III,
Acting Administrator.
[FR Doc. 2015-06190 Filed 3-17-15; 8:45 am]
 BILLING CODE 4910-EX-P