[Federal Register Volume 76, Number 55 (Tuesday, March 22, 2011)]
[Notices]
[Pages 16034-16035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6710]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0224]


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

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

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

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SUMMARY: FMCSA announces its renewal of the exemption for Greyhound 
Lines, Inc. (Greyhound) regarding the placement of video event 
recorders at the top of the windshields on its buses. Greyhound will 
continue to 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. The Agency 
believes 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 
on this issue, particularly from parties who believe the Greyhound 
exemption would not meet that standard.

DATES: This decision is effective March 21, 2011. Comments must be 
received on or before April 21, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) number FMCSA-2008-0224 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 January 17, 2008 (73 FR 3316) or you may visit 
http://edocket/access.gpo.gov/2008/pdf/E8-785.pdf.

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

    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 two-
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.'' Greyhound has requested a two-year 
extension for its exemption from 49 CFR 393.60(e). The procedures for 
requesting an exemption (including renewals) are set out in 49 CFR part 
381.

Exemption Decision

    This notice addresses Greyhound's requested renewal of an exemption 
in accordance with FMCSA procedures. FMCSA has evaluated the 
application for renewal on its merit and determined to extend the 
exemption for a two-year period. The exemption is extended

[[Page 16035]]

subject to the requirements that video event recorders installed in 
Greyhound vehicles must be mounted not more than 50 mm (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) Greyhound 
fails to comply with the terms and conditions of the exemption; (2) 
commenters demonstrate persuasively, or the Agency learns, that 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(b)(1).

Basis for Renewing Exemption

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no 
longer than two years from its approval date and may be renewed upon 
application for additional two-year periods. On March 19, 2008, 
Greyhound applied for an exemption from 49 CFR 393.60(e)(1) to allow it 
to install video event recorders on some or all of its bus fleet--which 
totals approximately 1,650 buses. FMCSA published a notice of the 
application, and requested public comments, in the Federal Register on 
August 11, 2008 (73 FR 46704). On March 19, 2009, FMCSA published a 
notice of final disposition in the Federal Register granting the 
exemption (74 FR 11807).
    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 the Society of Automotive Engineers 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.

Request for Comments

    FMCSA requests comments on the decision to renew Greyhound's 
exemption by April 21, 2011. The Agency will also review comments 
received at any time indicating that Greyhound's safety record has been 
adversely affected by the use of video event recorders.
    Interested parties or organizations possessing information showing 
that Greyhound is not currently achieving the statutory level of safety 
should immediately notify FMCSA. 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's exemption.

    Issued on: March 16, 2011.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2011-6710 Filed 3-21-11; 8:45 am]
BILLING CODE 4910-EX-P