[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Notices]
[Pages 14231-14232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06190]


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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 Lytx, 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 Lytx, Inc.'s (Lytx) (previously DriveCam, Inc.) 
\1\ exemption which allows the placement of video event recorders 
within the swept area 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.
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    \1\ On November 4, 2013, the company changed its name from 
DriveCam, Inc. to Lytx, Inc.).

DATES: This decision is effective March 18, 2015. Comments must be 
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received on or before April 17, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) number FMCSA-2008-0312 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: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside 
Operations Division, Office of Bus and Truck Standards and Operations, 
MC-

[[Page 14232]]

PSV, (202) 366-4325; Federal Motor Carrier Safety Administration, 1200 
New Jersey Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: 

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
Regulations. FMCSA must publish a notice of each exemption request in 
the Federal Register (49 CFR 381.315(a)). The Agency must provide the 
public 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 safety analyses and public comments submitted, 
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)) with the reasons for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted. The notice must also specify the effective period and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

Basis for Renewing Exemption

    Lytx applied for an exemption from 49 CFR 393.60(e)(1) to allow the 
placement of video event recorders within the area swept by CMV 
windshield wipers. On April 15, 2009, FMCSA published a notice of final 
disposition granting the exemption (74 FR 17549). On April 18, 2011, 
FMCSA published a notice of final disposition renewing this exemption 
until April 16, 2013 (76 FR 21791). On March 22, 2013, FMCSA published 
a notice of final disposition renewing this exemption until April 16, 
2015 (78 FR 17750). The renewal outlined in this Notice extends the 
exemption through April 16, 2017.
    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 CMVs be mounted not more than 50mm (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.

Preemption

    During the period the exemption is in effect, no State shall 
enforce any law or regulation that conflicts with this exemption with 
respect to a person operating under the exemption.

Request for Comments

    FMCSA requests comments from parties with data concerning the 
safety record of CMVs equipped with video event recorders by April 17, 
2015. 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 Lytx 
exemption.

    Issued on: March 12, 2015.
T.F. Scott Darling III,
Acting Administrator.
[FR Doc. 2015-06190 Filed 3-17-15; 8:45 am]
 BILLING CODE 4910-EX-P