```

[Federal Register Volume 89, Number 224 (Wednesday, November 20, 2024)]
[Notices]
[Pages 91872-91873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27091]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0223]

Parts and Accessories Necessary for Safe Operation; Exemption 
Renewal for Groendyke Transport, Inc.

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

[[Page 91873]]

ACTION: Notice of final disposition; renewal of exemption.

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

SUMMARY: FMCSA announces its final decision to grant an exemption 
renewal requested by Groendyke Transport, Inc. (Groendyke) to allow the 
use of an amber brake-activated pulsating lamp on the rear of its 
trailers in addition to the steady-burning brake lamps required by the 
Federal Motor Carrier Safety Regulations (FMCSR). FMCSA concludes that 
renewing the exemption, subject to the terms and conditions set forth 
below, is likely to achieve a level of safety equivalent to or greater 
than the level of safety that would be achieved absent the exemption.

DATES: This renewed exemption is effective April 26, 2024, through 
April 26, 2029.

FOR FURTHER INFORMATION CONTACT: Mr. David Sutula, Chief, Vehicle and 
Roadside Operations Division, Office of Carrier, Driver, and Vehicle 
Safety, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001; 
(202) 366-9209; [email protected]. If you have questions on viewing or 
submitting material to the docket, call Dockets Operations at (202) 
366-9826.

SUPPLEMENTARY INFORMATION:

I. Viewing Comments and Documents

    To view any documents mentioned as being available in the docket, 
go to https://www.regulations.gov/docket/FMCSA-2018-0223/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 Dockets 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.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b)(2) and 49 
CFR 381.300(b) to renew an exemption from the FMCSRs for subsequent 
periods of up to 5 years if it finds that such exemption would likely 
maintain a level of safety that is equivalent to, or greater than, the 
level that would be achieved by the current regulation (49 CFR 
381.305(a)).

III. Background

    On June 28, 2024, after review of Groendyke's renewal application, 
FMCSA published its decision to provisionally grant a 6-month renewal 
of the exemption effective April 26, 2024, through October 26, 2024, 
and requested public comment (89 FR 54147). The comment period closed 
on July 29, 2024. The Agency did not receive any comments in response 
to the notice.

IV. Exemption Decision

A. Grant of Exemption

    As explained in the notice of provisional renewal, FMCSA believes 
that renewing the exemption to allow the operation of Groendyke's 
brake-activated pulsating lamps, under the terms and conditions set 
forth in this exemption renewal decision, will likely achieve a level 
of safety that is equivalent to, or greater than, the level of safety 
achieved without the exemption. FMCSA further stated in the provisional 
renewal that if evidence of insufficient safety was not provided, the 
Agency anticipated granting a full 5-year exemption when the 
provisional renewal expired. FMCSA has not received any information 
that would alter the safety analysis from the June 28, 2024, 
provisional renewal and, accordingly, adopts the analysis and 
conclusions in this renewal.
    FMCSA renews the exemption for 5 years subject to the terms and 
conditions of this decision. The exemption from the requirements of 49 
CFR 393.25(e) is effective April 26, 2024, through April 26, 2029.

B. Applicability of Exemption

    During the exemption period, Groendyke may install or continue to 
use an amber brake-activated pulsating lamp positioned in the upper 
center of the rear of its trailers in addition to the steady-burning 
brake lamps required by the FMCSRs.

C. Terms and Conditions

    1. Limitation of Exemption:
     This exemption applies exclusively to CMVs operated by 
Groendyke Transport, Inc., and does not extend to any other motor 
carrier.
    2. Recurring Data Reporting Requirements:
     Groendyke must provide recurring yearly data submissions 
to include information on rear-impact crashes and incidents involving a 
CMV equipped with Groendyke's amber brake-activated pulsating lamps. 
The first submission is due March 31, 2025, and subsequent submissions 
are due every 12-months thereafter until the exemption expires or is 
rescinded.
     The yearly data submissions must be sent via email to 
FMCSA at [email protected].
     If Groendyke lacks certain categories of information, 
alternative information may be discussed with FMCSA and submitted if 
approved.
    3. Data Reporting Requirements for Rear-impact Crashes and 
Incidents:
     At the end of each 12-month period, Groendyke must submit 
a report detailing crash rates, vehicle miles traveled, number and type 
of CMVs operating under the exemption, crash or incident information 
including the date of each crash or incident, along with the time, 
location, and a brief description of the event.
     Groendyke must provide any available information 
indicating malfunction of, or confusion caused by the use of, 
Groendyke's amber brake-activated pulsating lamps.
    4. Meetings:
     Groendyke must meet with FMCSA upon request to answer 
questions regarding data and information provided under the exemption.

D. Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation that conflicts with or is inconsistent 
with this exemption with respect to a person operating under the 
exemption. States may, but are not required to, adopt the same 
exemption with respect to operations in intrastate commerce.

E. Termination

    FMCSA does not believe that drivers or CMVs covered by the 
exemption will experience any deterioration of their safety record. The 
exemption will be rescinded if: (1) Groendyke or its drivers or CMVs 
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(b).

Vincent G. White,
Deputy Administrator.
[FR Doc. 2024-27091 Filed 11-19-24; 8:45 am]
BILLING CODE 4910-EX-P
```