Parts and Accessories Necessary for Safe Operation; Exemption Renewal for Lytx, Inc. |
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Topics: Lytx
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T.F. Scott Darling III
Federal Motor Carrier Safety Administration
March 18, 2015
[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Notices]
[Pages 14231-14232]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06190]
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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.
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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.
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\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
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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