[Federal Register Volume 89, Number 205 (Wednesday, October 23, 2024)]
[Notices]
[Pages 84667-84669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24574]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2024-0237]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Casey's Services Company, USDOT #162449

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

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

-----------------------------------------------------------------------

[[Page 84668]]

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
requests public comment on the application from Casey's Services 
Company, USDOT No. 162449, (Casey) for an exemption from the 
requirement that lighting devices be steady burning. The exemption 
would allow the company to operate commercial motor vehicles (CMVs) 
equipped with a module manufactured by Intellistop, Inc. (Intellistop), 
which pulses the rear clearance, identification, and brake lamps from 
low-level lighting intensity to high-level lighting intensity 4 times 
in 2 seconds when the brakes are applied. FMCSA requests public comment 
on the applicant's request for exemption.

DATES: Comments must be received on or before November 22, 2024.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2024-0237 by any of the following 
methods:
    <bullet> Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments. See the Public 
Participation and Request for Comments section below for further 
information.
    <bullet> Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001
    <bullet> Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. 
E.T., Monday through Friday, except Federal holidays.
    <bullet> Fax: (202) 493-2251.
    Each submission must include the Agency name and the docket number 
(FMCSA-2024-0237) for this notice. Note that DOT posts all comments 
received without change to www.regulations.gov, including any personal 
information included in a comment. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit the ground 
level of the West Building, 1200 New Jersey Avenue SE, Washington, DC, 
between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal 
holidays. To be sure someone is there to help you, please call (202) 
366-9317 or (202) 366-9826 before visiting Dockets Operations.

FOR FURTHER INFORMATION CONTACT: Mr. David Sutula, Vehicle and Roadside 
Operations Division, Office of Carrier, Driver, and Vehicle Safety, 
FMCSA; (202) 366-9209; <a href="/cdn-cgi/l/email-protection#de939d8e8d889ebab1aaf0b9b1a8"><span class="__cf_email__" data-cfemail="c28f8192919482a6adb6eca5adb4">[email protected]</span></a>.
    If you have questions on viewing or submitting material to the 
docket, contact Dockets Operations at (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (Docket No. FMCSA-2024-0237), indicate the specific section of 
this document to which your comment applies, and provide a reason for 
each suggestion or recommendation. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so that FMCSA can contact you if it has questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov/docket/FMCSA-2024-0237/document, click on this notice, click 
``Comment,'' and type your comment into the text box on the following 
screen.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing.
    FMCSA will consider all comments and material received during the 
comment period. Comments received after the comment closing date will 
be filed in the public docket and will be considered to the extent 
practicable.

B. Confidential Business Information (CBI)

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. 
If your comments responsive to the notice contain commercial or 
financial information that is customarily treated as private, that you 
actually treat as private, and that is relevant or responsive to the 
notice, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission that 
constitutes CBI as ``PROPIN'' to indicate it contains proprietary 
information. FMCSA will treat such marked submissions as confidential 
under the Freedom of Information Act, and they will not be placed in 
the public docket of the notice. Submissions containing CBI should be 
sent to Brian Dahlin, Chief, Regulatory Evaluation Division, Office of 
Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or 
via email at <a href="/cdn-cgi/l/email-protection#e785958e8689c980c983868f8b8e89a7838893c9808891"><span class="__cf_email__" data-cfemail="3e5c4c575f501059105a5f565257507e5a514a10595148">[email protected]</span></a>. At this time, you need not send a 
duplicate hardcopy of your electronic CBI submissions to FMCSA 
headquarters. Any comments FMCSA receives not specifically designated 
as CBI will be placed in the public docket for this notice.

C. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble as being available in the docket, go to https://www.regulations.gov/docket/FMCSA-2024-0237/document and choose the 
document to review. To view comments, click this notice, then click 
``Browse Comments.'' If you do not have access to the internet, you may 
view the docket online by visiting Docket Operations on the ground 
floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, 
DC 20590-0001, between 9 a.m. and 5 p.m., ET Monday through Friday, 
except Federal holidays. To be sure someone is there to help you, 
please call (202) 366-9317 or (202) 366-9826 before visiting Dockets 
Operations.

D. Privacy

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its regulatory process. DOT posts these 
comments, including any personal information the commenter provides, to 
www.regulations.gov, as described in the system of records notice DOT/
ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed 
under the ``Department Wide System of Records Notices'' at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments are posted without edit and are searchable by the 
name of the submitter.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from Federal Motor Carrier Safety Regulations (FMCSRs). 
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 the applicant's safety analysis. The Agency must provide an 
opportunity for public comment on the request.
    The Agency reviews safety analyses and public comments submitted 
and determines whether granting the

[[Page 84669]]

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(a)). The Agency must publish its decision in 
the Federal Register (49 CFR 381.315(b)). If granted, the notice will 
identify the regulatory provision from which the applicant will be 
exempt, the effective period, and all terms and conditions of the 
exemption (49 CFR 381.315(c)(1)). If the exemption is denied, the 
notice will explain the reason for the denial (49 CFR 381.315(c)(2)). 
The exemption may be renewed (49 CFR 381.300(b)).

III. Casey's Request

    Casey seeks an exemption from the requirement in 49 CFR 393.25(e) 
that all exterior lamps (both required lamps and any additional lamps) 
be steady burning, except for turn signal lamps, hazard warning signal 
lamps, school bus warning lamps, amber warning lamps or flashing 
warning lamps on tow trucks and CMVs transporting oversized loads, and 
warning lamps on emergency and service vehicles authorized by State or 
local authorities.
    Casey asserts that using the Intellistop module, which pulses the 
rear clearance, identification, and brake lamps from low-level lighting 
intensity to high-level lighting intensity 4 times in 2 seconds when 
the brakes are applied rather than providing steady burning lamps 
during the first 2 seconds, would enhance rear signal systems. Casey 
submits that pulsing the rear brake lamps of a CMV may significantly 
increase visibility and reduce the frequency of rear-end crashes, and 
thus would maintain a level of safety that is equivalent to, or greater 
than, the level that the CMV would achieve without the requested 
exemption.
    On October 7, 2022, FMCSA denied Intellistop's application for an 
industry-wide exemption (87 FR 61133) to allow all motor carriers to 
operate CMVs equipped with Intellistop's module. FMCSA noted that the 
decision did not preclude individual motor carriers from seeking an 
exemption from 49 CFR 393.25(e) to purchase, install, and use 
Intellistop's device subject to terms and conditions to allow 
sufficient monitoring of the use of the device. Consistent with the 
October 7, 2022, decision, the Agency seeks public comment on Casey's 
carrier-specific exemption application.
    A copy of Casey's application is included in the docket referenced 
at the beginning of this notice.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on Casey's application for a five-
year exemption from 49 CFR 393.25(e) to allow the company to operate 
CMVs equipped with Intellistop's module which pulses the rear 
clearance, identification and brake lamps from low-level lighting 
intensity to high-level lighting intensity 4 times in 2 seconds when 
the brakes are applied.
    All comments received before the close of business on the comment 
closing date 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 may 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.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024-24574 Filed 10-22-24; 8:45 am]
BILLING CODE 4910-EX-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>