[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]


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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 DriveCam, Inc.

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

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

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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