Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Notices 17549 

selecting ‘‘Notice’’ under ‘‘Document 

Type’’ on the left side of the searchresults page, and click on the link 

entitled ‘‘Send a Comment or 

Submission.’’ (For further information 

on using the http://www.regulations.gov 

Web site, please consult the resources 

provided on the Web site by clicking on 

‘‘How to Use This Site’’ on the left side 

of the home page.) The http:// 

www.regulations.gov site provides the 

option of providing comments by filling 

in a ‘‘General Comments’’ field, or by 

attaching a document. It is expected that 

most comments will be provided in an 

attached document. If a document is 

attached, it is sufficient to type ‘‘See 

attached’’ in the ‘‘General Comments’’ 

field. 

A person requesting that information 

contained in a comment submitted by 

that person be treated as confidential 

business information must certify that 

such information is business 

confidential and would not customarily 

be released to the public by the 

submitter. Confidential business 

information must be clearly designated 

as such and the submission must be 

marked ‘‘BUSINESS CONFIDENTIAL’’ 

at the top and bottom of the cover page 

and each succeeding page. Any 

comment containing business 

confidential information should be 

submitted only by fax to Gloria Blue at 

(202) 395–3475. A non-confidential 

summary of the confidential 

information must be submitted to 

http://www.regulations.gov. The nonconfidential summary will be placed in 

the docket and open to public 

inspection. 

Comments will be placed in the 

docket and open to public inspection, 

except confidential business 

information. Comments may be viewed 

on the http://www.regulations.gov Web 

site by entering docket number USTR– 

2009–0010 in the search field on the 

home page. 

Carmen Suro-Bredie, 

Chair, Trade Policy Staff Committee. 

[FR Doc. E9–8548 Filed 4–14–09; 8:45 am] 

BILLING CODE 3190–W9–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Summary Notice No. PE–2009–11] 

Petitions for Exemption; Summary of 

Petitions Received 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of petitions for 

exemption received; Extension of 

comment period. 

SUMMARY: In accordance with 14 CFR 

11.47(c), the FAA has received a 

petition from NetJets Aviation, Inc. That 

petition requested an extension of the 

comment period for a petition from 

CitationShares Management LLC. The 

FAA will extend the comment period 

for 40 days after date of publication. 

DATES: Comments on petitions received 

must identify the petition docket 

number involved and must be received 

on or before May 26, 2009. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2009–0083 using any of the following 

methods: 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Send comments to the Docket 

Management Facility; U.S. Department 

of Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590. 

• Fax: Fax comments to the Docket 

Management Facility at 202–493–2251. 

• Hand Delivery: Bring comments to 

the Docket Management Facility in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

or to the Docket Management Facility in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: We will 

post all comments we receive, without 

change, to http://www.regulations.gov, 

including any personal information you 

provide. Using the search function of 

our docket Web site, anyone can find 

and read the comments received into 

any of our dockets, including the name 

of the individual sending the comment 

(or signing the comment for an 

association, business, labor union, etc.). 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78). 

Background 

The comment period for the Summary 

of Petition Received published on 

March 25, 2009 (74 FR 12924) and 

closes on April 14, 2009. However, 

NetJets Aviation, Inc. petitioned the 

FAA to extend the comment period. 

This notice extends the comment 

period. 

FOR FURTHER INFORMATION CONTACT: 

Tyneka Thomas (202) 267–7626 or 

Laverne Brunache (202) 267–3133, 

Office of Rulemaking, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591. 

This notice is published pursuant to 

14 CFR 11.85. 

Issued in Washington, DC, on April 10, 

2009. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

[FR Doc. E9–8607 Filed 4–14–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2008–0312] 

Parts and Accessories Necessary for 

Safe Operation; Grant of Exemption for 

DriveCam, Inc. 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) 

announces its decision to grant an 

exemption to DriveCam, Inc. (DriveCam) 

that will enable video event recorders to 

be mounted on commercial motor 

vehicles lower in the windshield than is 

currently permitted by the Agency’s 

regulations. DriveCam requested the 

exemption so that commercial motor 

vehicle operators would be able to use 

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 for CMVs in 

passenger service; and (3) enhanced 

collision review and analysis. FMCSA 

believes that permitting video event 

recorders 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 

April 15, 2009 through April 15, 2011. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Luke W. Loy, Vehicle and Roadside 

Operations Division, Office of Bus and 


rwilkins on PROD1PC63 with PROPOSALS
17550 Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Notices 

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)). 

DriveCam’s Request for Exemption 

DriveCam applied for an exemption 

from 49 CFR 393.60(e)(1) to allow the 

use of video event recorders on all 

commercial motor vehicles. 

Section 393.60(e)(1) of the 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. 

DriveCam states that one of the 

primary deployers of video event 

recorders has been the motorcoach 

industry. DriveCam notes that over the 

last several years, the structural and 

aesthetic design of buses has changed 

considerably to include 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. 

DriveCam 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 in passenger 

carrier vehicles). The view toward the 

front requires that the forward lens of 

the recorder be in the swept area of the 

windshield for a clear view in inclement 

weather. DriveCam 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 DriveCam 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. 

DriveCam 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. DriveCam proposes that motor 

carriers utilizing the exemption be 

required to comply with the standard 

proposed in the CVSA petition if it is 

adopted during the 2-year exemption 

period. Copies of DriveCam’s 

application for exemption and the 

CVSA petition are available for review 

in the docket for this notice. 

DriveCam contends that video event 

recorders, once intergrated into fleets, 

have been shown to reduce the 

incidence of preventable vehicle 

incidents and crashes by 30–40 percent 

when used with a program to (1) review 

non-crash events, and (2) coach drivers 

to improve driving behavior. DriveCam 

provided a number of case studies of 

commercial fleets that it has conducted 

to support these claims. 

Comments 

On October 31, 2008, FMCSA 

published notice of the DriveCam 

application and asked for public 

comment (73 FR 65008). The Agency 

received two comments. 

1. Mr. Richard L. Cofer, of Southern 

Company, a large utility with over 2,500 

commercial motor vehicles, stated that 

Southern supports the use of video 

event recorders, and does not object to 

granting the exemption. Mr. Cofer stated 

that the devices present relatively minor 

visual obstruction when placed directly 

under the rear view mirror. Mr. Cofer 

stated that if an exemption is granted, 

the Agency should specifically identify 

where the devices can be placed. 

FMCSA Response: DriveCam 

proposed to require motor carriers to 

mount video event recorders 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 in accordance 

with the CVSA petition for rulemaking. 

As noted below, the Agency has 

adopted these parameters as conditions 

of the exemption. 

2. The California Highway Patrol 

(CHP) stated that the windshield 

visibility requirements in the California 

Vehicle Code (CVC), Section 26708, are 

based on the preemptive requirements 

of the Federal Motor Carrier Safety 

Standards (FMVSS) (49 CFR part 

571.104) and cannot be changed without 

a statutory amendment. Until that step 

is taken, CHP asserted that the 

installation of video event recorders as 

proposed by DriveCam would be 

prohibited in California. In addition, 

CHP expressed concern regarding the 

lack of any safety studies and related 

supporting data to support the 

exemption application. 

FMCSA Response: While FMCSA 

acknowledges that DriveCam did not 

present specific studies or data showing 

that safety will not be degraded, the 

Agency believes that placement of video 

event recorders just below the top of the 

swept area of the windshield wipers 

will (1) be well outside the drivers’ sight 

lines, (2) allow the Agency to test, on an 

interim basis, an innovative safety 

management control system, and (3) not 

negatively affect safety. The FMCSA 

encourages any party having 

information that motor carriers utilizing 

this exemption are not achieving the 

requisite level of safety immediately to 

notify the Agency. 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), FMCSA 

will take immediate steps to revoke the 

exemption. 

FMVSS 104, Windshield Wiping and 

Washing Systems (49 CFR 571.104), 

applies to vehicle manufactures, while 

this exemption applies to individuals or 

businesses that purchase and operate 

the vehicles. Pursuant to 49 U.S.C. 

31315(d) (as implemented by 49 CFR 

381.600), ‘‘[d]uring the period that a[n] 

* * * exemption * * * is in effect 

* * * no State shall enforce any law or 

regulation that conflicts with or is 


rwilkins on PROD1PC63 with PROPOSALS
Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Notices 17551 

inconsistent with the * * * exemption 

* * * with respect to a person operating 

under the * * * exemption * * *.’’ To 

the extent CVC 26708 conflicts with this 

exemption, it is preempted by Federal 

law and may not be enforced. 

Terms and Conditions for the 

Exemption 

Based on its evaluation of the 

application for an exemption, FMCSA 

grants DriveCam’s exemption 

application. The Agency believes that 

the safety performance of motor carriers 

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) based on the 

technical information available, there is 

no indication that the video event 

recorders would obstruct drivers’ views 

of the roadway, highway signs and 

surrounding traffic; (2) generally, trucks 

and buses have an elevated seating 

position which greatly improves the 

forward visual field of the driver, and 

any impairment of available sight lines 

would be 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 should 

be 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 

would be unable to test this innovative 

safety management control system. 

The Agency hereby grants the 

exemption for a two-year period, 

beginning April 15, 2009 and ending 

April 15, 2011. 

During the temporary exemption 

period, motor carriers using video event 

recorders must ensure that the devices 

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. 

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: April 6, 2009. 

William A. Quade, 

Acting Chief Safety Officer. 

[FR Doc. E9–8595 Filed 4–14–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Highway in California 

AGENCY: Federal Highway 

Administration (FHWA), DOT 

ACTION: Notice of Limitation on Claims 

for Judicial Review of Actions by the 

California Department of Transportation 

(Caltrans), pursuant to 23 U.S.C. 327. 

SUMMARY: The FHWA, on behalf of 

Caltrans, is issuing this notice to 

announce actions taken by Caltrans that 

are final within the meaning of 23 

U.S.C. 139(l)(1). The actions relate to a 

proposed highway project along 

Interstate 805 from the proposed Carroll 

Canyon Road Direct Access Ramp (DAR) 

to the I–805/I–5 merge in the County of 

San Diego, State of California. Those 

actions grant licenses, permits, and 

approvals for the project. 

DATES: By this notice, the FHWA, on 

behalf of Caltrans, is advising the public 

of final agency actions subject to 23 

U.S.C. 139(l)(1). A claim seeking 

judicial review of the Federal agency 

actions on the highway project will be 

barred unless the claim is filed on or 

before October 13, 2009. If the Federal 

law that authorizes judicial review of a 

claim provides a time period of less 

than 180 days for filing such claim, then 

that shorter time period still applies. 

FOR FURTHER INFORMATION CONTACT: 

Susanne Glasgow, Deputy District 

Director, Division of Environmental 

Analysis, California Department of 

Transportation, 4050 Taylor Street, San 

Diego, CA 92110, Regular Office Hours 

8 a.m. to 5 p.m., Telephone number 

619–688–0100, e-mail: 

Susanne.Glasgow@dot.ca.gov. 

SUPPLEMENTARY INFORMATION: Effective 

July 1, 2007, the Federal Highway 

Administration (FHWA) assigned and 

the California Department of 

Transportation (Caltrans) assumed 

environmental responsibilities for this 

project pursuant to 23 U.S.C. 327. 

Notice is hereby given that Caltrans and 

the USFWS have taken final agency 

actions subject to 23 U.S.C. 139(l)(1) by 

issuing licenses, permits, and approvals 

for the following highway project in the 

State of California. The California 

Department of Transportation (Caltrans) 

proposes to extend Carroll Canyon Road 

under Interstate 805 (I–805), construct 

north facing Direct Access Ramps 

(DARs) from the extension of Carroll 

Canyon Road to I–805, and add north 

and southbound High Occupancy 

Vehicle (HOV) lanes on I–805 from the 

DARs, north to the I–805 junction with 

I–5. The project extends for a length of 

2.2 mi (3.5 km). The project would 

provide additional access for motorists 

to I–805 that are currently experiencing 

substantial delay at the existing Mira 

Mesa Boulevard/Sorrento Valley Road 

interchange. The actions by the Federal 

agencies and the laws under which such 

actions were taken are described in the 

Final Environmental Assessment (EA), 

and a Finding of No Significant Impact 

(FONSI) was issued for the project on 

April 2, 2009. The EA/FONSI and other 

project records are available by 

contacting Caltrans at the address 

provided above. The EA/FONSI and 

other project records can be viewed and 

downloaded from the project web site 

at: http://www.dot.ca.gov/dist11/ 

Env_docs/I-805CCRFinal_4-09.pdf. This 

notice applies to all Federal agency 

decisions as of the issuance date of this 

notice and all laws under which such 

actions were taken including but not 

limited to: 

1. Council on Environmental Quality 

regulations; 

2. National Environmental Policy Act 

(NEPA); 

3. Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA–LU); 

4. Department of Transportation Act 

of 1966; 

5. Federal Aid Highway Act of 1970; 

6. Clean Air Act Amendments of 

1990; 

7. Clean Water Act of 1977 and 1987; 

8. Endangered Species Act of 1973; 

9. Migratory Bird Treaty Act; 

10. Farmland Protection Policy Act of 

1981; 

11. Title VI of the Civil Rights Act of 

1964; 

12. Uniform Relocation Assistance 

and Real Property Acquisition Act of 

1970; 

13. National Historic Preservation Act 

of 1966; 

14. Historic Sites Act of 1935; 

15. Executive Order 11990, Protection 

of Wetlands; 

16. Executive Order 13112, Invasive 

Species; 

17. Executive Order 11988, 

Floodplain Management; and 

18. Executive Order 12898, 

Environmental Justice. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.) 

Authority: 23 U.S.C. 139(l)(1). 


rwilkins on PROD1PC63 with PROPOSALS