[Federal Register Volume 73, Number 212 (Friday, October 31, 2008)]
[Notices]
[Pages 65008-65009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26060]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0312]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From DriveCam, Inc

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

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

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
requests public comment on an application for an exemption from 
DriveCam, Inc. (DriveCam) to allow the placement of video event 
recorders at the top of the windshields on commercial motor vehicles 
(CMVs). The exemption would enable any motor carrier using DriveCam 
devices to mount the recorders lower in the windshield that is lower 
than what is currently permitted by the Agency's regulations in order 
to obtain the most effective view of the driver, passengers or outside 
area to maximize the ability to improve driver behavior and understand 
the root causes of collisions. Motor carriers would use the 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; and (3) enhanced 
collision review and analysis. DriveCam believes this mounting position 
would maintain a level of safety that is equivalent to, or greater 
than, the level of safety achieved without the exemption.

DATES: Comments must be received on or before December 1, 2008.

ADDRESSES: You may submit comments identified by DOT DMS Docket Number 
FMCSA-2008-0312 by any of the following methods:
     Web Site: http://www.regulations.gov. Follow the 
instructions for submitting comments on the Federal electronic docket 
site.
     Fax: 1-202-493-2251.
     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.
    Instructions: All submissions 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.
    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 in the Federal Register published on 
April 11, 2000 (65 FR 19476) or you may visit http://www.regulations.gov.
    Public participation: The http://www.regulations.gov Web site is 
generally available 24 hours each day, 365 days each year. You can get 
electronic submission and retrieval help and guidelines under the 
``help'' section of the http://www.regulations.gov Web site and also at 
the DOT's http://docketsinfo.dot.gov Web site. If you want us to notify 
you that we received your comments, please include a self addressed, 
stamped envelope or postcard or print the acknowledgement page that 
appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside 
Operations Division, Office of Bus and 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

    Section 4007 of the Transportation Equity Act for the 21st Century 
(TEA-21) [Pub. L. 105-178, June 9, 1998, 112 Stat. 401] amended 49 
U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from 
the Federal Motor Carrier Safety Regulations (FMCSRs). On August 20, 
2004, FMCSA published a final rule (69 FR 51589) implementing section 
4007. Under this rule, FMCSA must publish a notice of each exemption

[[Page 65009]]

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 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 video-capture of 
what is happening in front of the vehicle as well as an internal video-
capture 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:

    ``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.''

    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.

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 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.

    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]
BILLING CODE 4910-EX-P