80 FR 14231 - Parts and Accessories Necessary for Safe Operation; Exemption Renewal for Lytx, Inc.
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 52 (March 18, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 52 (March 18, 2015)
| Page Range | 14231-14232 | |
| FR Document | 2015-06190 |
[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)] [Notices] [Pages 14231-14232] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06190] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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 --------------------------------------------------------------------------- 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
![Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices 14231
provisions of the driver’s record of duty h. Whether the driver was cited for who believes this standard will not be
status rules in 49 CFR part 395. The violation of any traffic laws or motor maintained.
Agency will consider all comments carrier safety regulations, and DATES: This decision is effective March
received by close of business on April i. The driver’s total driving time and 18, 2015. Comments must be received
17, 2015. Comments will be available total on-duty time period prior to the on or before April 17, 2015.
for examination in the docket at the accident. ADDRESSES: You may submit comments
location listed under the ADDRESSES Reports filed under this provision
bearing the Federal Docket Management
section of this notice. The Agency will shall be emailed to MCPSD@dot.gov.
System (FDMS) number FMCSA–2008–
consider to the extent practicable Termination 0312 by any of the following methods:
comments received in the public docket • Federal eRulemaking Portal: Go to
after the closing date of the comment FMCSA does not believe the drivers
covered by this exemption will http://www.regulations.gov. Follow the
period. on-line instructions for submitting
experience any deterioration of their
Extent of the Exemption safety record. However, should this comments.
occur, FMCSA will take all steps • Mail: Docket Management Facility,
The exemption would be restricted to U.S. Department of Transportation,
drivers employed by Trailways and necessary to protect the public interest,
including revocation or restriction of the Room W12–140, 1200 New Jersey
other regular-route for-hire passenger- Avenue SE., Washington, DC 20590–
carrier drivers. Instead of complying exemption. The FMCSA will
immediately revoke or restrict the 0001.
with the provisions in 49 CFR 395.8(c), • Hand Delivery: Ground Floor, Room
these drivers would be exempted from exemption for failure to comply with its
terms and conditions. W12–140, DOT Building, 1200 New
changing their duty status from Jersey Avenue SE., Washington, DC
‘‘driving’’ to ‘‘on-duty not driving’’ Issued on: March 11, 2015. between 9 a.m. and 5 p.m. e.t., Monday
when making stops of less than 10 Larry W. Minor, through Friday, except Federal holidays.
minutes. These drivers must comply Associate Administrator for Policy. • Fax: 1–202–493–2251.
with all other applicable provisions of [FR Doc. 2015–06176 Filed 3–17–15; 8:45 am] Instructions: Each submission must
the Federal Motor Carrier Safety BILLING CODE 4910–EX–P include the Agency name and docket
Regulations (49 CFR parts 350–399). number for this notice. For detailed
Terms of the Exemption instructions on submitting comments
DEPARTMENT OF TRANSPORTATION and additional information on the
Period of the Exemption exemption process, see the ‘‘Public
The limited exemption from the HOS Federal Motor Carrier Safety Participation’’ heading below. Note that
RODs requirements of 49 CFR 395.8(c) Administration all comments received will be posted
is proposed to be effective from 12:01 [Docket No. FMCSA–2008–0312] without change to http://
a.m. on May 31, 2015, through 11:59 www.regulations.gov, including any
p.m. on May 31, 2017. Parts and Accessories Necessary for personal information provided. Please
Safe Operation; Exemption Renewal see the ‘‘Privacy Act’’ heading for
Preemption for Lytx, Inc. further information.
In accordance with 49 U.S.C. Docket: For access to the docket to
AGENCY: Federal Motor Carrier Safety read background documents or
31315(d), during the period this Administration (FMCSA), DOT.
exemption would be in effect, no State comments received, go to http://
ACTION: Notice of renewal of exemption; www.regulations.gov or to Room W12–
may enforce any law or regulation that
conflicts with or is inconsistent with the request for comments. 140, DOT Building, New Jersey Avenue
exemption with respect to a firm or SUMMARY: FMCSA renews Lytx, Inc.’s SE., Washington, DC, between 9 a.m.
person operating under the exemption. (Lytx) (previously DriveCam, Inc.) 1 and 5 p.m., Monday through Friday,
exemption which allows the placement except Federal holidays. The Federal
Notification to FMCSA Docket Management System (FDMS) is
of video event recorders within the
Trailways and other regular-route for- swept area of the windshields on available 24 hours each day, 365 days
hire passenger-carriers would be commercial motor vehicles (CMVs). each year. If you want
required to notify FMCSA within 5 Motor carriers may continue to use the acknowledgement that we received your
business days of any accident (as video event recorders mounted in the comments, please include a self-
defined in 49 CFR 390.5), involving any windshield area to increase safety addressed, stamped envelope or
of the motor carrier’s CMVs operating through (1) identification and postcard or print the acknowledgement
under the terms of this exemption. The remediation of risky driving behaviors page that appears after submitting
notification must include the following such as distracted driving and comments on-line.
information: drowsiness; (2) enhanced monitoring of Privacy Act: In accordance with 5
a. Date of the accident, passenger behavior for CMVs in U.S.C. 553(c), DOT solicits comments
b. City or town, and State, in which passenger service; and (3) enhanced from the public to better inform its
the accident occurred, or closest to the collision review and analysis. The rulemaking process. DOT posts these
accident scene, Agency has concluded that granting this comments, without edit, including any
c. Driver’s name and driver’s license exemption renewal will maintain a level personal information the commenter
provides, to www.regulations.gov, as
mstockstill on DSK4VPTVN1PROD with NOTICES
number and State of issuance, of safety that is equivalent to or greater
d. Vehicle number and State license than the level of safety achieved without described in the system of records
plate number, the exemption. However, the Agency notice (DOT/ALL–14 FDMS), which can
e. Number of individuals suffering requests comments and information on be reviewed at www.dot.gov/privacy.
physical injury, the exemption, especially from anyone FOR FURTHER INFORMATION CONTACT: Mr.
f. Number of fatalities, Luke Loy, Vehicle and Roadside
g. The police-reported cause of the 1 On November 4, 2013, the company changed its Operations Division, Office of Bus and
accident, name from DriveCam, Inc. to Lytx, Inc.). Truck Standards and Operations, MC–
VerDate Sep<11>2014 19:00 Mar 17, 2015 Jkt 235001 PO 00000 Frm 00162 Fmt 4703 Sfmt 4703 E:\FR\FM\18MRN1.SGM 18MRN1](https://thefederalregister.org/doc/80_FR_14283/page/1.svg)
![14232 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices
PSV, (202) 366–4325; Federal Motor The exemption is renewed subject to take immediate steps to revoke the Lytx
Carrier Safety Administration, 1200 the requirements that video event exemption.
New Jersey Avenue SE., Washington, recorders installed in CMVs be mounted Issued on: March 12, 2015.
DC 20590–0001. not more than 50mm (2 inches) below T.F. Scott Darling III,
SUPPLEMENTARY INFORMATION: the upper edge of the area swept by the
Acting Administrator.
windshield wipers, and located outside
Background the driver’s sight lines to the road and [FR Doc. 2015–06190 Filed 3–17–15; 8:45 am]
FMCSA has authority under 49 U.S.C. highway signs and signals. The BILLING CODE 4910–EX–P
31136(e) and 31315 to grant exemptions exemption will be valid for two years
from certain parts of the Federal Motor unless rescinded earlier by FMCSA. The
Carrier Safety Regulations. FMCSA must exemption will be rescinded if: (1) DEPARTMENT OF TRANSPORTATION
publish a notice of each exemption Motor carriers and/or commercial motor Federal Motor Carrier Safety
request in the Federal Register (49 CFR vehicles fail to comply with the terms
Administration
381.315(a)). The Agency must provide and conditions of the exemption; (2) the
the public an opportunity to inspect the exemption has resulted in a lower level [Docket No. FMCSA–2014–0314]
information relevant to the application, of safety than was maintained before it
including any safety analyses that have was granted; or (3) continuation of the Qualification of Drivers; Exemption
been conducted. The Agency must also exemption would not be consistent with Applications; Diabetes Mellitus
provide an opportunity for public the goals and objectives of 49 U.S.C. AGENCY: Federal Motor Carrier Safety
comment on the request. 31136(e) and 31315. Administration (FMCSA), DOT.
The Agency reviews safety analyses The Agency believes that extending
ACTION: Notice of applications for
and public comments submitted, and the exemption for another two years
determines whether granting the will likely achieve a level of safety that exemptions request for comments.
exemption would likely achieve a level is equivalent to, or greater than, the SUMMARY: FMCSA announces receipt of
of safety equivalent to, or greater than, level of safety achieved without the applications from 39 individuals for
the level that would be achieved by the exemption because (1) based on the exemption from the prohibition against
current regulation (49 CFR 381.305). technical information available, there is persons with insulin-treated diabetes
The decision of the Agency must be no indication that the video event mellitus (ITDM) operating commercial
published in the Federal Register (49 recorders obstruct drivers’ views of the motor vehicles (CMVs) in interstate
CFR 381.315(b)) with the reasons for roadway, highway signs and commerce. If granted, the exemptions
denying or granting the application and, surrounding traffic; (2) trucks and buses would enable these individuals with
if granted, the name of the person or generally have an elevated seating ITDM to operate CMVs in interstate
class of persons receiving the position which greatly improves the commerce.
exemption, and the regulatory provision forward visual field of the driver, and
from which the exemption is granted. any impairment of available sight lines DATES: Comments must be received on
The notice must also specify the is minimal; and (3) the location within or before April 17, 2015.
effective period and explain the terms the top two inches of the area swept by ADDRESSES: You may submit comments
and conditions of the exemption. The the windshield wiper and out of the bearing the Federal Docket Management
exemption may be renewed (49 CFR driver’s normal sightline is reasonable System (FDMS) Docket No. FMCSA–
381.300(b)). and enforceable at roadside. In addition, 2014–0314 using any of the following
the Agency believes that the use of methods:
Basis for Renewing Exemption • Federal eRulemaking Portal: Go to
video event recorders by fleets to deter
Lytx applied for an exemption from unsafe driving behavior is likely to http://www.regulations.gov. Follow the
49 CFR 393.60(e)(1) to allow the improve the overall level of safety to the on-line instructions for submitting
placement of video event recorders motoring public. comments.
within the area swept by CMV Without the exemption, FMCSA and • Mail: Docket Management Facility;
windshield wipers. On April 15, 2009, the motor carrier industry would be U.S. Department of Transportation, 1200
FMCSA published a notice of final unable to continue to test this New Jersey Avenue SE., West Building
disposition granting the exemption (74 innovative safety management control Ground Floor, Room W12–140,
FR 17549). On April 18, 2011, FMCSA system. Washington, DC 20590–0001.
published a notice of final disposition • Hand Delivery: West Building
renewing this exemption until April 16, Preemption Ground Floor, Room W12–140, 1200
2013 (76 FR 21791). On March 22, 2013, During the period the exemption is in New Jersey Avenue SE., Washington,
FMCSA published a notice of final effect, no State shall enforce any law or DC, between 9 a.m. and 5 p.m., Monday
disposition renewing this exemption regulation that conflicts with this through Friday, except Federal
until April 16, 2015 (78 FR 17750). The exemption with respect to a person Holidays.
renewal outlined in this Notice extends operating under the exemption. • Fax: 1–202–493–2251.
the exemption through April 16, 2017. Instructions: Each submission must
FMCSA is not aware of any evidence Request for Comments include the Agency name and the
showing that the installation of video FMCSA requests comments from docket numbers for this notice. Note
event recorders on CMVs, in accordance parties with data concerning the safety that all comments received will be
mstockstill on DSK4VPTVN1PROD with NOTICES
with the conditions of the original record of CMVs equipped with video posted without change to http://
exemption, has resulted in any event recorders by April 17, 2015. The www.regulations.gov, including any
degradation in safety. FMCSA continues Agency will evaluate any adverse personal information provided. Please
to believe that the potential safety gains evidence submitted and, if safety is see the Privacy Act heading below for
from the use of video event recorders to being compromised or if continuation of further information.
improve driver behavior will improve the exemption would not be consistent Docket: For access to the docket to
the overall level of safety to the with the goals and objectives of 49 read background documents or
motoring public. U.S.C. 31136(e) and 31315, FMCSA will comments, go to http://
VerDate Sep<11>2014 19:00 Mar 17, 2015 Jkt 235001 PO 00000 Frm 00163 Fmt 4703 Sfmt 4703 E:\FR\FM\18MRN1.SGM 18MRN1](https://thefederalregister.org/doc/80_FR_14283/page/2.svg)
Document Created: 2018-02-21 09:39:54
Document Modified: 2018-02-21 09:39:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of renewal of exemption; request for comments. | |
| Dates | This decision is effective March 18, 2015. Comments must be | |
| Contact | Mr. Luke Loy, Vehicle and Roadside Operations Division, Office of Bus and Truck Standards and Operations, MC- PSV, (202) 366-4325; Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. | |
| FR Citation | 80 FR 14231 |
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