[Federal Register Volume 73, Number 155 (Monday, August 11, 2008)]
[Notices]
[Pages 46704-46705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18495]



[[Page 46704]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0224]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Greyhound Lines, Inc.

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

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

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
requests public comment on an application for exemption from Greyhound 
Lines, Inc. (Greyhound) regarding the placement of video event 
recorders at the top of the windshields on its buses. Greyhound wants 
to mount the recorders in an area of the windshield that is lower than 
what is currently permitted by the Agency's regulations in order to 
obtain the most effective view of the driver, passengers or outside 
area to maximize the ability to improve driver safety and understand 
the root causes of collisions. Greyhound would 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. Greyhound believes this mounting 
position would maintain a level of safety that is equivalent to, or 
greater than, the level of safety achieved without the exemption.

DATES: Comments must be received on or before September 10, 2008.

ADDRESSES: You may submit comments identified by DOT DMS Docket Number 
FMCSA-2008-0224 by any of the following methods:
    <bullet> Web site: http://www.regulations.gov. Follow the 
instructions for submitting comments on the Federal electronic docket 
site.
    <bullet> Fax: 1-202-493-2251.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue, SE., Washington, 
DC 20590-0001.
    <bullet> 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.
    Instructions: All submissions 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.
    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 in the Federal Register published on 
April 11, 2000 (65 FR 19476) or you may visit http://www.regulations.gov.
    Public participation: The http://www.regulations.gov Web site is 
generally available 24 hours each day, 365 days each year. You can get 
electronic submission and retrieval help and guidelines under the 
``help'' section of the http://www.regulations.gov Web site and also at 
the DOT's http://docketsinfo.dot.gov Web site. If you want us to notify 
you that we received your comments, please include a self addressed, 
stamped envelope or postcard or print the acknowledgement page that 
appears after submitting comments online.

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

    Section 4007 of the Transportation Equity Act for the 21st Century 
(TEA-21) [Pub. L. 105-178, June 9, 1998, 112 Stat. 401] amended 49 
U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from 
the Federal Motor Carrier Safety Regulations (FMCSRs). On August 20, 
2004, FMCSA published a final rule (69 FR 51589) implementing section 
4007. Under this rule, FMCSA must publish a notice of each exemption 
request in the Federal Register (49 CFR 381.315(a)). The Agency must 
provide the public with 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 the safety analyses and the public comments 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)). If the Agency denies the request, it must state the reason 
for doing so. If the decision is to grant the exemption, the notice 
must specify the person or class of persons receiving the exemption and 
the regulatory provision or provisions from which an exemption is 
granted. The notice must also specify the effective period of the 
exemption (up to 2 years) and explain the terms and conditions of the 
exemption. The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 
381.300(b)).

Greyhound's Application for Exemption

    On March 19, 2008, 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. A copy of 
the application is included in the docket referenced at the beginning 
of this notice.
    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.
    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 that which is minimally required by Federal Motor Vehicle Safety 
Standard (FMVSS) No. 104, ``Windshield Wiping and Washing Systems.'' 
FMVSS No. 104 establishes the requirements applicable to vehicle

[[Page 46705]]

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. In 
its exemption application, Greyhound proposes to comply with the 
language proposed by the CVSA petition during the period of the 
exemption, if granted. A copy of the CVSA petition has been placed in 
the docket referenced at the beginning of this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests 
public comment from all interested persons on Greyhound's application 
for an exemption from 49 CFR 393.116(a)(3). All comments received 
before the close of business on the comment closing date indicated at 
the beginning of this notice will be considered and will be available 
for examination in the docket at the location listed under the 
ADDRESSES section of this notice. Comments received after the comment 
closing date will be filed in the public docket and will be considered 
to the extent practicable. In addition to late comments, FMCSA will 
also continue to file, in the public docket, relevant information that 
becomes available after the comment closing date. Interested persons 
should continue to examine the public docket for new material.

    Issued on: August 1, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E8-18495 Filed 8-8-08; 8:45 am]
BILLING CODE 4910-EX-P