80_FR_17881 80 FR 17818 - Parts and Accessories Necessary for Safe Operation; Exemption Renewal for Greyhound Lines, Inc.

80 FR 17818 - Parts and Accessories Necessary for Safe Operation; Exemption Renewal for Greyhound Lines, Inc.

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 63 (April 2, 2015)

Page Range17818-17819
FR Document2015-07636

FMCSA renews Greyhound Lines, Inc.'s (Greyhound) exemption which allows the placement of video event recorders at the top of the windshields on its buses, and within the swept area of the windshield wipers. Greyhound may continue to use the video event recorders to increase safety through identification and remediation of risky driving behaviors such as distracted driving and drowsiness; enhanced monitoring of passenger behavior; and 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.

Federal Register, Volume 80 Issue 63 (Thursday, April 2, 2015) 
[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Notices]
[Pages 17818-17819]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07636]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0224]


Parts and Accessories Necessary for Safe Operation; Exemption 
Renewal for Greyhound Lines, 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 Greyhound Lines, Inc.'s (Greyhound) exemption 
which allows the placement of video event recorders at the top of the 
windshields on its buses, and within the swept area of the windshield 
wipers. Greyhound may continue to use the video event recorders to 
increase safety through identification and remediation of risky driving 
behaviors such as distracted driving and drowsiness; enhanced 
monitoring of passenger behavior; and 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.

DATES: This decision is effective April 2, 2015. Comments must be 
received on or before May 4, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) number FMCSA-2008-0224 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 or Courier: 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-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).

[[Page 17819]]

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

    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 of its bus fleet. On March 19, 2009, FMCSA published a notice of 
final disposition granting the exemption (74 FR 11807). On March 22, 
2011, FMCSA published a notice of final disposition renewing this 
exemption until March 20, 2013 (76 FR 16034). On March 22, 2013, FMCSA 
published a notice of final disposition renewing this exemption until 
March 20, 2015 (78 FR 17749). The renewal outlined in this Notice 
extends the exemption through March 20, 2017.
    FMCSA is not aware of any evidence showing that the installation of 
video event recorders on Greyhound's buses, in accordance with the 
conditions of the original and subsequent exemptions, 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 enhance the overall level of safety to the 
motoring public.
    The exemption is renewed subject to the requirements that video 
event recorders installed in Greyhound's buses be mounted not more than 
50 mm (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) Greyhound fails 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) the video event recorders will not obstruct drivers' views 
of the roadway, highway signs and surrounding traffic due to the fact 
that the panoramic windshields installed on Greyhound's buses encompass 
a large percentage of the front of buses and extend well above the 
driver's sight lines; (2) larger windshield wipers installed on 
Greyhound's buses increase the swept area well beyond that which is 
recommended by SAE International's 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 the driver's useable sight 
lines. 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.

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 buses operated by Greyhound and equipped with video 
event recorders by May 4, 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 Greyhound 
exemption.

    Issued on: March 26, 2015.
 T. F. Scott Darling, III,
 Chief Counsel.
[FR Doc. 2015-07636 Filed 4-1-15; 8:45 am]
BILLING CODE CODE 4910-EX-P

17818 Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices II. SSA submitted the information Waiver of Right to Appear—Disability decision on the claimant’s request for collection below to OMB for clearance. Hearing—20 CFR 404.913–404.914, disability payments based solely on the Your comments regarding the 404.916(b)(5), 416.1413–416.1414, evidence of record. The respondents are information collection would be most 416.1416(b)(5)—0960–0534. Claimants claimants for disability payments under useful if OMB and SSA receive them 30 for Social Security disability payments Title II and Title XVI of the Act, or their days from the date of this publication. or their representatives can use Form representatives, who wish to waive their To be sure we consider your comments, SSA–773–U4 to officially waive their right to appear at a disability hearing. we must receive them no later than May right to appear at a disability hearing. 4, 2015. Individuals can obtain copies of The disability hearing officer uses the Type of Request: Revision of an OMB- the OMB clearance package by writing signed form as a basis for not holding approved information collection. to OR.Reports.Clearance@ssa.gov. a hearing, and for preparing a written Average Total Number of Frequency burden per estimated Modality of completion respondents of response response annual burden (minutes) (hours) SSA–773–U4 ................................................................................................... 200 1 3 10 Dated: March 27, 2015. DATES: This decision is effective April 2, acknowledgement that we received your Faye I. Lipsky, 2015. Comments must be received on or comments, please include a self- Reports Clearance Officer, Social Security before May 4, 2015. addressed, stamped envelope or Administration. ADDRESSES: You may submit comments postcard or print the acknowledgement [FR Doc. 2015–07514 Filed 4–1–15; 8:45 am] bearing the Federal Docket Management page that appears after submitting BILLING CODE 4191–02–P System (FDMS) number FMCSA–2008– comments on-line. 0224 by any of the following methods: Privacy Act: In accordance with 5 • Federal eRulemaking Portal: Go to U.S.C. 553(c), DOT solicits comments http://www.regulations.gov. Follow the from the public to better inform its DEPARTMENT OF TRANSPORTATION on-line instructions for submitting rulemaking process. DOT posts these comments. comments, without edit, including any Federal Motor Carrier Safety • Mail: Docket Management Facility, personal information the commenter Administration U.S. Department of Transportation, provides, to www.regulations.gov, as Room W12–140, 1200 New Jersey described in the system of records [Docket No. FMCSA–2008–0224] Avenue SE., Washington, DC 20590– notice (DOT/ALL–14 FDMS), which can 0001. be reviewed at www.dot.gov/privacy. Parts and Accessories Necessary for • Hand Delivery or Courier: Ground FOR FURTHER INFORMATION CONTACT: Mr. Safe Operation; Exemption Renewal Floor, Room W12–140, DOT Building, Luke Loy, Vehicle and Roadside for Greyhound Lines, Inc. 1200 New Jersey Avenue SE., Operations Division, Office of Bus and AGENCY: Federal Motor Carrier Safety Washington, DC, between 9 a.m. and 5 Truck Standards and Operations, MC– Administration (FMCSA), DOT. p.m. e.t., Monday through Friday, PSV, (202) 366–4325; Federal Motor ACTION: Notice of renewal of exemption; except Federal holidays. Carrier Safety Administration, 1200 request for comments. • Fax: 1–202–493–2251. New Jersey Avenue SE., Washington, Instructions: Each submission must DC 20590–0001. SUMMARY: FMCSA renews Greyhound include the Agency name and docket SUPPLEMENTARY INFORMATION: Lines, Inc.’s (Greyhound) exemption number for this notice. For detailed which allows the placement of video instructions on submitting comments Background event recorders at the top of the and additional information on the FMCSA has authority under 49 U.S.C. windshields on its buses, and within the exemption process, see the ‘‘Public 31136(e) and 31315 to grant exemptions swept area of the windshield wipers. Participation’’ heading below. Note that from certain parts of the Federal Motor Greyhound may continue to use the all comments received will be posted Carrier Safety Regulations. FMCSA must video event recorders to increase safety without change to http:// publish a notice of each exemption through identification and remediation www.regulations.gov, including any request in the Federal Register (49 CFR of risky driving behaviors such as personal information provided. Please 381.315(a)). The Agency must provide distracted driving and drowsiness; see the ‘‘Privacy Act’’ heading for the public an opportunity to inspect the enhanced monitoring of passenger further information. information relevant to the application, behavior; and enhanced collision review Docket: For access to the docket to including any safety analyses that have and analysis. The Agency has read background documents or been conducted. The Agency must also concluded that granting this exemption comments received, go to http:// provide an opportunity for public renewal will maintain a level of safety www.regulations.gov or to Room W12– comment on the request. tkelley on DSK3SPTVN1PROD with NOTICES that is equivalent to or greater than the 140, DOT Building, New Jersey Avenue The Agency reviews safety analyses level of safety achieved without the SE., Washington, DC, between 9 a.m. and public comments submitted, and exemption. However, the Agency and 5 p.m., Monday through Friday, determines whether granting the requests comments and information on except Federal holidays. The Federal exemption would likely achieve a level the exemption, especially from anyone Docket Management System (FDMS) is of safety equivalent to, or greater than, who believes this standard will not be available 24 hours each day, 365 days the level that would be achieved by the maintained. each year. If you want current regulation (49 CFR 381.305). VerDate Sep<11>2014 18:52 Apr 01, 2015 Jkt 235001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\02APN1.SGM 02APN1

Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices 17819 The decision of the Agency must be views of the roadway, highway signs 30-minute rest break provision of the published in the Federal Register (49 and surrounding traffic due to the fact Agency’s hours-of-service (HOS) CFR 381.315(b)) with the reasons for that the panoramic windshields regulations for commercial motor denying or granting the application and, installed on Greyhound’s buses vehicle (CMV) drivers. Under the terms if granted, the name of the person or encompass a large percentage of the and conditions of this exemption, class of persons receiving the front of buses and extend well above the drivers operating ready-mixed concrete exemption, and the regulatory provision driver’s sight lines; (2) larger windshield trucks may use 30 minutes or more of from which the exemption is granted. wipers installed on Greyhound’s buses on-duty ‘‘waiting time’’ to satisfy the The notice must also specify the increase the swept area well beyond that requirement for the 30 minute rest effective period and explain the terms which is recommended by SAE break, provided they do not perform any and conditions of the exemption. The International’s guidelines for other work during the break. The exemption may be renewed (49 CFR commercial vehicles; and (3) placement exemption giving these drivers the same 381.300(b)). of video event recorders just below the regulatory flexibility that 49 CFR Basis for Renewing Exemption larger swept area of the wipers will be 395.1(q) provides for drivers well outside of the driver’s useable sight transporting explosives. The FMCSA On March 19, 2008, Greyhound lines. In addition, the Agency believes has determined that granting these applied for an exemption from 49 CFR that the use of video event recorders by drivers an exemption from the 30- 393.60(e)(1) to allow it to install video fleets to deter unsafe driving behavior is minute rest break requirement is likely event recorders on some or all of its bus likely to improve the overall level of to achieve a level of safety equivalent to fleet. On March 19, 2009, FMCSA safety to the motoring public. or greater than the level of safety that published a notice of final disposition would be obtained in the absence of the granting the exemption (74 FR 11807). Preemption exemption. On March 22, 2011, FMCSA published During the period the exemption is in a notice of final disposition renewing DATES: The exemption is effective from effect, no State shall enforce any law or this exemption until March 20, 2013 (76 regulation that conflicts with this 12:01 a.m., April 2, 2015 through 11:59 FR 16034). On March 22, 2013, FMCSA exemption with respect to a person p.m., April 3, 2017. published a notice of final disposition operating under the exemption. FOR FURTHER INFORMATION CONTACT: Mr. renewing this exemption until March Richard Clemente, FMCSA Driver and 20, 2015 (78 FR 17749). The renewal Request for Comments Carrier Operations Division; Office of outlined in this Notice extends the FMCSA requests comments from Carrier, Driver, and Vehicle Safety exemption through March 20, 2017. parties with data concerning the safety Standards; Telephone: 202 366–4325. FMCSA is not aware of any evidence record of buses operated by Greyhound Email: MCPSD@dot.gov. showing that the installation of video and equipped with video event SUPPLEMENTARY INFORMATION: event recorders on Greyhound’s buses, recorders by May 4, 2015. in accordance with the conditions of the The Agency will evaluate any adverse Background original and subsequent exemptions, evidence submitted and, if safety is has resulted in any degradation in being compromised or if continuation of FMCSA has authority under 49 U.S.C. safety. FMCSA continues to believe that the exemption would not be consistent 31136(e) and 31315 to grant exemptions the potential safety gains from the use with the goals and objectives of 49 from certain parts of the Federal Motor of video event recorders to improve U.S.C. 31136(e) and 31315, FMCSA will Carrier Safety Regulations. FMCSA must driver behavior will enhance the overall take immediate steps to revoke the publish a notice of each exemption level of safety to the motoring public. Greyhound exemption. request in the Federal Register (49 CFR The exemption is renewed subject to 381.315(a)). The Agency must provide Issued on: March 26, 2015. the public an opportunity to inspect the the requirements that video event T. F. Scott Darling, III, information relevant to the application, recorders installed in Greyhound’s buses be mounted not more than 50 mm Chief Counsel. including any safety analyses that have (2 inches) below the upper edge of the [FR Doc. 2015–07636 Filed 4–1–15; 8:45 am] been conducted. The Agency must also area swept by the windshield wipers, BILLING CODE CODE 4910–EX–P provide an opportunity for public and located outside the driver’s sight comment on the request. lines to the road and highway signs and The Agency reviews the safety signals. The exemption will be valid for DEPARTMENT OF TRANSPORTATION analyses and public comments, and two years unless rescinded earlier by determines whether granting the Federal Motor Carrier Safety FMCSA. The exemption will be exemption would likely achieve a level Administration rescinded if: (1) Greyhound fails to of safety equivalent to, or greater than, comply with the terms and conditions [Docket No. FMCSA–2013–0317] the level that would be achieved by the of the exemption; (2) the exemption has current regulation (49 CFR 381.305). resulted in a lower level of safety than Hours of Service of Drivers: National The decision of the Agency must be was maintained before it was granted; or Ready Mixed Concrete Association; published in the Federal Register (49 (3) continuation of the exemption would Application for Exemption; Final CFR 381.315(b)) with the reasons for not be consistent with the goals and Disposition denying or granting the application and, objectives of 49 U.S.C. 31136(e) and AGENCY: Federal Motor Carrier Safety if granted, the specific person or class of 31315. Administration (FMCSA), DOT. persons receiving the exemption, and tkelley on DSK3SPTVN1PROD with NOTICES The Agency believes that extending ACTION: Notice of final disposition; grant the regulatory provision from which the the exemption for another two years of application for exemption. exemption is granted. The notice must will likely achieve a level of safety that also specify the effective period of the is equivalent to, or greater than, the SUMMARY: FMCSA announces its exemption (up to 2 years), and explain level of safety achieved without the decision to grant the National Ready the terms and conditions of the exemption because (1) the video event Mixed Concrete Association (NRMCA) a exemption. The exemption may be recorders will not obstruct drivers’ limited exemption from the minimum renewed (49 CFR 381.300(b)). VerDate Sep<11>2014 18:52 Apr 01, 2015 Jkt 235001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\02APN1.SGM 02APN1


Document Created: 2018-02-21 10:03:31
Document Modified: 2018-02-21 10:03:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of renewal of exemption; request for comments.
DatesThis decision is effective April 2, 2015. Comments must be received on or before May 4, 2015.
ContactMr. 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 Citation80 FR 17818 
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