[Federal Register Volume 74, Number 71 (Wednesday, April 15, 2009)]
[Notices]
[Pages 17549-17551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8595]


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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.

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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