[Federal Register Volume 78, Number 56 (Friday, March 22, 2013)]
[Notices]
[Pages 17749-17750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06613]


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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 renews Greyhound Lines, Inc.'s (Greyhound) exemption 
which allows the placement of video event recorders at the top of the 
windshields on its buses. Greyhound may 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 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 on this issue, 
especially from anyone who believes this standard will not be 
maintained.

DATES: This decision is effective March 21, 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-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://edocket/access.gpo.gov/2008/pdf/E8-785.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 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.

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

[[Page 17750]]

recorders on some or all of its bus fleet. On March 19, 2009, FMCSA 
published a notice of final disposition in the Federal Register 
granting the exemption (74 FR 11807). On March 22, 2011, FMCSA 
published a notice of final disposition renewing this exemption until 
March 20, 2013.The renewal outlined in this notice extends the 
exemption through March 20, 2015, and requests public comment.
    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 SAE International's 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. Finally, Greyhound installed DriveCam video event 
recorders on 90 of its buses operated by their BoltBus division and 
experienced a 27% reduction in collisions in 2011.

Request for Comments

    FMCSA requests comments from parties with data concerning the 
safety record of CMVs operated by Greyhound and 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(b)(1), FMCSA will take 
immediate steps to revoke the Greyhound exemption.

    Issued on: March 18, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-06613 Filed 3-21-13; 8:45 am]
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