[Federal Register Volume 74, Number 52 (Thursday, March 19, 2009)]
[Notices]
[Pages 11807-11808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5990]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0224]


Parts and Accessories Necessary for Safe Operation; Grant of 
Exemption for Greyhound Lines, 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 Greyhound Lines, Inc. 
(Greyhound) that will enable video event recorders to be mounted on its 
buses lower in the windshield than is currently permitted by the 
Agency's regulations. Greyhound requested the exemption so that it 
would be able 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. 
FMCSA believes that permitting these devices 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 March 19, 2009 through March 
21, 2011.

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. 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)).

Greyhound's Request for Exemption

    Greyhound applied for an exemption from 49 CFR 393.60(e)(1) to 
allow it to install video event recorders on some or all its bus fleet, 
which totals approximately 1,650 buses.
    Section 393.60(e)(1) of the Federal Motor Carrier Safety 
Regulations (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.
    Greyhound states that over the last several years, the structural 
and aesthetic design of buses has changed considerably to include 
larger 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.
    Greyhound 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. The view of what is happening in front of 
the vehicle requires that the forward lens of the recorder be in the 
swept area of the windshield for a clear view in inclement weather. 
Greyhound 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 
Greyhound 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.''

    Greyhound 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. 
Greyhound proposes to comply with the language proposed by CVSA during 
the period of the exemption. A copy of Greyhound's application for 
exemption and the CVSA petition are available for review in the docket 
for this notice.

Comments

    On August 11, 2008, FMCSA published notice of this application, and 
asked for public comment (73 FR 46704). No comments were received.

Terms and Conditions for the Exemption

    Based on its evaluation of the application for an exemption, FMCSA 
has decided to grant Greyhound's exemption application. The Agency 
believes that the safety performance of Greyhound 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) the video event recorders would not obstruct 
drivers' views of the roadway, highway signs and surrounding traffic 
because the panoramic windshields encompass a large percentage of the 
front of buses and extend well above the driver's sight lines; (2) 
larger wipers increase the swept area well beyond that which is 
recommended by the Society

[[Page 11808]]

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 useable driver's sight lines, and 
will not negatively affect safety. The Agency believes 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 Agency hereby grants the exemption for a two-year period, 
beginning March 19, 2009 and ending March 21, 2011.
    During the exemption period, Greyhound must ensure that all video 
event recorders 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.
    Interested parties possessing information that would demonstrate 
that Greyhound is not achieving the requisite statutory level of safety 
should immediately notify FMCSA. The Agency will evaluate any such 
information and, 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), will take immediate steps to revoke Greyhound's exemption, if 
warranted.

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: March 12, 2009.
Rose A. McMurray,
Acting Deputy Administrator.
[FR Doc. E9-5990 Filed 3-18-09; 8:45 am]
BILLING CODE 4910-EX-P