6046 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Notices 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2020–0122] 

Parts and Accessories Necessary for 

Safe Operation; Application for 

Exemption Renewal from Grote 

Industries, LLC 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of application for 

renewal of exemption; request for 

comments. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) 

requests public comment on the 

application from Grote Industries, LLC 

(Grote) for a renewal of its exemption 

allowing motor carriers to install amber 

brake-activated pulsating warning lamps 

on the rear of trailers and van body 

trucks in addition to the steady-burning 

brake lamps required by the Federal 

Motor Carrier Safety Regulations 

(FMCSRs). Grote currently holds an 

exemption for the period December 7, 

2020, through December 2, 2025, and 

requests a five-year renewal of the 

exemption. FMCSA requests public 

comment on Grote’s request to renew 

the exemption. 

DATES: Comments must be received on 

or before February 18, 2025. 

ADDRESSES: You may submit comments 

identified by docket number FMCSA– 

2020–0122 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov/docket/ 

FMCSA-2020-0122/document. Follow 

the online instructions for submitting 

comments. 

• Mail: Dockets Operations, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Washington, DC 20590– 

0001. 

• Hand Delivery or Courier: Dockets 

Operations, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, West Building, Ground 

Floor, Washington, DC 20590–0001, 

between 9 a.m. and 5 p.m. ET, Monday 

through Friday, except Federal holidays. 

• 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, 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; MCPSV@dot.gov. If you have 

questions on viewing or submitting 

material to the docket, call 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 (FMCSA–2020–0122), indicate 

the specific section of this document to 

which the comment applies, and 

provide a reason for suggestions or 

recommendations. 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 the Agency 

can contact you if it has questions 

regarding your submission. 

To submit your comment online, go to 

https://www.regulations.gov/docket/ 

FMCSA-2020-0122/document, click on 

this notice, click ‘‘Comment,’’ and type 

your comment into the text box on the 

following screen. Choose whether you 

are submitting your comment as an 

individual or on behalf of a third party 

and then submit. 

If you submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. 

If you submit comments by mail and 

would like to know that they reached 

the facility, please enclose a stamped, 

self-addressed postcard or envelope. 

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 brian.g.dahlin@

dot.gov. 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 any documents mentioned as 

being available in the docket, go to 

https://www.regulations.gov/docket/ 

FMCSA-2020-0122/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. 

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 


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Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Notices 6047 

the ‘‘Department Wide System of 

Records Notices’’ at https://

www.transportation.gov/individuals/ 

privacy/privacy-act-system-recordsnotices. 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 

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. Applicant’s Exemption Request 

Current Regulatory Requirements 

Section 393.25(e) of the FMCSRs 

requires all exterior lamps (both 

required lamps and any additional 

lamps) to be steady burning except turn 

signal lamps, hazard warning signal 

lamps, school bus warning lamps, 

amber warning lamps or flashing 

warning lamps on tow trucks and 

commercial motor vehicles (CMV) 

transporting oversized loads, and 

warning lamps on emergency and 

service vehicles authorized by State or 

local authorities. 

Original Exemption 

In its original exemption application, 

Grote applied for an exemption to allow 

motor carriers operating trailers and van 

body trucks to install amber brakeactivated pulsating warning lamps on 

the rear of these vehicles, in addition to 

the steady-burning brake lamps required 

by FMCSRs. Specifically, Grote 

requested allowance to use: (1) An 

upper pair of brake-activated warning 

lamps centered about the centerline of 

the trailer such that the centerline of the 

outermost identification (ID) lamps to 

the centerline of the auxiliary braking 

lamps is between 6–12 inches and 

collinear with the three ID lamp cluster; 

(2) a single brake-activated warning 

lamp centrally located on or below the 

rear sill collinear with the stop/tail/turn 

lamps; (3) an upper pair of brakeactivated warning lamps (as described 

in (1) above) and a single brakeactivated warning lamp centrally 

located on or below the rear sill 

collinear with the stop/tail/turn lamps; 

(4) a lower pair of brake-activated 

warning lamps centered about the 

centerline of the trailer located on or 

below the rear sill; or (5) an upper pair 

of brake-activated warning lamps (as 

described in (1) above and a lower pair 

of brake-activated warning lamps as 

described in (4) above). These 

configurations would apply to both 

trailers and van body straight trucks. 

The lamps would be amber and pulsate 

as a Class II strobe for up to 4 seconds 

when the brake is applied, then 

transition to a steady red for the 

duration of brake activation. The brakeactivated pulsating warning lamps 

would be in addition to the steadyburning brake lamps required by the 

FMCSRs. 

Grote, a manufacturer of vehicle 

lighting and safety equipment, 

submitted this request on behalf of 

interstate motor carriers, citing research 

that shows pulsating brake-activated 

warning lamps improve vehicle 

visibility. Grote argued that the use of 

amber pulsating brake-activated 

warning lamps, in addition to steadyburning red brake lamps required by the 

FMCSRs, would allow commercial 

carriers to not only maintain operational 

safety levels, but also implement more 

efficient and effective operations. 

Grote contended that adding pulsating 

lamps would enhance safety, noting 

studies showing that these lamps 

improve visibility and help prevent 

accidents. Additionally, Grote 

referenced FMCSA’s previous 

exemption granted to Groendyke 

Transport, Inc., which demonstrated a 

reduction in rear-end accidents 

involving tank trailers following the 

installation of amber pulsating brake 

lamps alongside red brake lamps (84 FR 

17910; April 26, 2019). 

Grote included in the original 

application several studies conducted 

by the National Highway Traffic Safety 

Administration (NHTSA), another 

agency in the U.S. Department of 

Transportation, on the issues of rear-end 

crashes, distracted driving, and braking 

signals. Grote stated that the additional 

amber brake-activated pulsating 

warning lamp(s) will not have an 

adverse impact on safety, and that 

adherence to the terms and conditions 

of the exemption would likely achieve 

a level of safety equivalent to or greater 

than the level of safety achieved without 

the exemption. 

On December 7, 2020, following 

notice and consideration of the 

comments received, FMCSA granted 

Grote a 5-year exemption after 

determining that the use of an amber 

brake-activated pulsating lamp 

positioned on the rear of the trailer and 

van body trucks, in addition to the 

steady-burning brake lamps required by 

the FMCSRs, would likely maintain a 

level of safety that is equivalent to or 

greater than the level of safety achieved 

without the exemption (85 FR 78918). In 

its decision, FMCSA noted that rear-end 

crashes, which account for 

approximately 30% of all crashes, are a 

significant concern, especially when 

large trucks are involved. These types of 

crashes often result from a failure to 

respond (or delays in responding) to a 

stopped or decelerating lead vehicle. 

Data between 2010 and 2016 show that 

large trucks are consistently three times 

more likely than other vehicles to be 

struck in the rear in two-vehicle fatal 

crashes. 

Research conducted by both FMCSA 

and NHTSA explored alternative rear 

signaling systems to address this issue. 

Specifically, FMCSA conducted 

research and development on Enhanced 

Rear Signaling (ERS) systems, which 

showed promise. However, the FMCSA 

ultimately decided not to pursue formal 

field operational testing of the prototype 

system due to concerns about 

implementation costs and fleets’ 

willingness to invest in the technology. 

Nonetheless, the preliminary research 

showed that the ERS system performed 

well at detecting and signaling rear-end 

crash threats and drawing the gaze of 

following-vehicle drivers to the forward 

roadway which if implemented, could 

potentially reduce the number and 

frequency of rear-end crashes into the 

rear of CMVs. 

Separately, NHTSA has performed a 

series of research studies intended to 

develop and evaluate rear signaling 

applications designed to reduce the 

frequency and severity of rear-end 

crashes via enhancements to rear-brake 

lighting by redirecting drivers’ visual 

attention to the forward roadway (for 

cases involving a distracted driver), 

and/or increasing the saliency or 

meaningfulness of the brake signal (for 

attentive drivers). The research 

demonstrated that flashing all lights 


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6048 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Notices 

simultaneously or alternately flashing is 

a promising signal for use in enhanced 

brake light applications, even at levels 

of brightness within the current 

regulated limits. Specifically, the study 

showed that substantial performance 

gains may be realized by increasing 

brake lamp brightness levels under 

flashing configurations; however, 

increases beyond a certain brightness 

threshold will not return substantive 

performance gains. 

In addition, NHTSA has conducted 

research on the effectiveness of rear turn 

signal color on the likelihood of being 

involved in a rear-end crash. FMVSS 

No. 108 allows rear turn signals to be 

either red or amber in color. The study 

showed that amber signals show a 5.3 

percent effectiveness in reducing 

involvement in two-vehicle crashes 

where a lead vehicle is rear-struck in the 

act of turning left, turning right, merging 

into traffic, changing lanes, or entering/ 

leaving a parking space. The advantage 

of amber rear turn signals was shown to 

be statistically significant. 

Finally, FMCSA concluded that the 

FMCSA and NHTSA research programs 

demonstrated the effectiveness of 

alternative rear-signaling systems in 

reducing the frequency and severity of 

rear-end crashes. This evidence was 

sufficient to support the implementation 

of amber, brake-activated, pulsating 

warning lamps on the rear of trailers 

and van body trucks, in addition to the 

steady-burning brake lamps required by 

regulation, as likely to provide a level of 

safety equivalent to or greater than that 

achieved without the exemption. 

Therefore, FMCSA imposed the 

following terms and conditions to 

ensure the safety of the motoring public. 

The exemption would be rescinded if: 

(1) Motor carriers operating trailers and 

van body trucks fail to comply with the 

terms and conditions of the exemption; 

(2) the exemption 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). 

Application for Renewal of Exemption 

In its renewal application, Grote 

reiterated its previous statements in 

support of the original exemption 

request. Since the exemption was 

granted in 2020, the Grote auxiliary 

strobe and stop lamp has been installed 

on over 80,000 vehicles and traveled 

over 250,000,000 miles. Grote reported 

that the usage of its pulsating warning 

lamp has yielded positive results. Grote 

stated that a large national fleet 

customer reported a 33% reduction in 

overall rear-end crashes on a per-mile 

basis compared to a baseline fleet 

(without the system installed) with 

more than 1 billion miles driven. In the 

most severe cases, involving personal 

injuries, the fleet observed a 75% 

reduction. Another large fleet customer 

reported similar outcomes, noting a 

52% reduction in overall recordable 

incidents per vehicle and, more notably, 

a 75% reduction in the severity of 

incidents that did occur. A copy of 

Grote’s request to renew the exemption 

is available in the docket. 

Although Grote applied for ‘‘renewal 

of the 2020 exemption,’’ it also stated 

that it was ‘‘applying on behalf of all 

operators, motor carriers, and 

equipment manufacturers that are 

subject to’’ the Federal Motor Carrier 

Safety Regulations (FMCSRs) (emphasis 

added). Both the 2020 exemption and 

this renewal request apply only to motor 

carriers and operators of commercial 

motor vehicles (CMVs) that install 

Grote’s pulsating brake lamps described 

above, not to Grote itself (unless it 

operates as a motor carrier and installs 

its own brake lamps on its own CMVs) 

or to any other equipment manufacturer. 

The renewal application also stated that 

‘‘Grote seeks the ability to install safety 

features in addition to those required 

under the FMCSRs.’’ The renewal 

application, like the 2020 exemption, 

allows motor carriers or CMV operators 

to install the Grote brake equipment 

described above, but does not authorize 

Grote to install its brake equipment on 

behalf of motor carriers. The proposed 

renewal, like the current exemption, 

would apply only to motor carriers and 

CMV operators that wish to install and 

use the Grote brake lamp equipment. 

IV. Applicant’s Method To Ensure an 

Equivalent or Greater Level of Safety 

Grote states that its commitment to 

safety remains unchanged and 

emphasized that in the five years since 

the original exemption was granted, the 

use of Grote’s amber brake-activated 

pulsating warning lamps on the rear of 

trailers and van body trucks in addition 

to the steady-burning brake lamps 

required by the FMCSRs has 

demonstrated a level of safety 

equivalent to, or greater than, that 

provided by the regulation. 

V. Request for Comments 

In accordance with 49 U.S.C. 

31315(b), FMCSA requests public 

comment from all interested persons on 

Grote’s application for renewal of its 

exemption from § 393.25(e). All 

comments received before the close of 

business on the comment closing date 

indicated at the beginning of this notice 

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 

will 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. 2025–01162 Filed 1–16–25; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[Docket No.: DOT–OST–2024–0130] 

Public Interest Waiver of the 

Application of Certain Domestic 

Preference Requirements and Policies 

for Transit-Oriented Development 

Housing Projects 

ACTION: Notice. 

SUMMARY: In order to expeditiously 

deliver projects and provide meaningful 

infrastructure results while ensuring the 

appropriate application of domestic 

content standards, the U.S. Department 

of Transportation (DOT) is issuing 

waiver for the domestic preference 

requirements for manufactured products 

applicable to certain transit-oriented 

development (TOD) housing projects 

that receive credit assistance through 

the Build America Bureau (the Bureau) 

under the Transportation Infrastructure 

Finance and Innovation Act (TIFIA) and 

Railroad Rehabilitation and 

Improvement Financing (RRIF) credit 

programs. 

DATES: The effective date of the waiver 

is January 17, 2025 and will apply to all 

TOD housing projects that enter into the 

Bureau’s creditworthiness review on or 

before December 31, 2025. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this notice, please 

contact Dan Schned, U.S. Department of 

Transportation, Build America Bureau, 

at 202–366–2300 or daniel.schned@

dot.gov. For legal questions, please 

contact, Jessica Pettrone, DOT Office of 

the General Counsel, at (202) 366–8560 

or jessica.pettrone@dot.gov. 

SUPPLEMENTARY INFORMATION: 


KHAMMOND on DSK9W7S144PROD with NOTICES