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[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Notices]
[Pages 6046-6048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01162]

[[Page 6046]]

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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.

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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; [email protected]. 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 8\1/2\ 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 [email protected]. 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

[[Page 6047]]

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 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 brake-activated 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 brake-activated warning lamps (as described in (1) above) 
and a single brake-activated 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 brake-activated pulsating 
warning lamps would be in addition to the steady-burning 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 steady-burning 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

[[Page 6048]]

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 Sec.  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
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