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