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Notice2024-10270

Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Gemini Motor Transport LP, USDOT# 913300

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Published

May 10, 2024

Effective

May 10, 2024

Issuing agencies

Transportation DepartmentFederal Motor Carrier Safety Administration

Abstract

The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant Gemini Motor Transport LP's, USDOT No. 913300, (Gemini) application for an exemption to allow it to operate commercial motor vehicles (CMVs) equipped with a module manufactured by Intellistop, Inc. (Intellistop). The Intellistop module is designed to pulse the required rear clearance, identification, and brake lamps from a lower-level lighting intensity to a higher-level lighting intensity 4 times in 2 seconds when the brakes are applied and then return the lights to a steady-burning state while the brakes remain engaged. The Agency has determined that granting the exemption to Gemini, an individual, easily identifiable motor carrier operating a finite number of CMVs, would likely achieve a level of safety equivalent to, or greater than, the level of safety achieved by the regulation.

Full Text

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<title>Federal Register, Volume 89 Issue 92 (Friday, May 10, 2024)</title>
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[Federal Register Volume 89, Number 92 (Friday, May 10, 2024)]
[Notices]
[Pages 40529-40534]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10270]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0243]

Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Gemini Motor Transport LP, USDOT# 913300

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

ACTION: Notice of final disposition; grant of exemption.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant Gemini Motor Transport LP's, USDOT No.
913300, (Gemini) application for an exemption to allow it to operate
commercial motor vehicles (CMVs) equipped with a module manufactured by
Intellistop, Inc. (Intellistop). The Intellistop module is designed to
pulse the required rear clearance, identification, and brake lamps from
a lower-level lighting intensity to a higher-level lighting intensity 4
times in 2 seconds when the brakes are applied and then return the
lights to a steady-burning state while the brakes remain engaged. The
Agency has determined that granting the exemption to Gemini, an
individual, easily identifiable motor carrier operating a finite number
of CMVs, would likely achieve a level of safety equivalent to, or
greater than, the level of safety achieved by the regulation.

DATES: This exemption is effective May 10, 2024 and ending May 12,
2029.

FOR FURTHER INFORMATION CONTACT: Mr. David Sutula, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-9209, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE., Washington, DC 20590-0001; <a href="/cdn-cgi/l/email-protection#bef3fdeeede8fedad1ca90d9d1c8">[email&#160;protected]</a>.

I. Viewing Comments and Documents

To view comments, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, insert the docket
number ``FMCSA-2022-0243'' in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.''
To view documents mentioned in this notice as being available in
the docket, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, insert the docket number
``FMCSA-2022-0243'' in the keyword box, click ``Search,'' and choose
the document to review.
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, 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) to grant
exemptions from certain parts of the FMCSRs if it ``finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent the
exemption.'' FMCSA must publish a notice of each exemption request in
the Federal Register and provide the public an opportunity to inspect
the information relevant to the application, including the applicant's
safety analysis, and an opportunity for public comment on the request
(49 U.S.C. 31315(b)(6)(A); 49 CFR 381.315(a).
The Agency reviews safety analyses and public comments submitted
and determines whether granting the exemption would likely achieve a
level

[[Page 40530]]

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. Granted exemptions may be
renewed (49 CFR 381.300(b)).

III. Background

A. Current Regulatory Requirements

Section 393.25(e) of the Federal Motor Carrier Safety Regulations
(FMCSRs) requires all exterior lamps (both required lamps and any
additional lamps) to be steady-burning, with certain exceptions not
relevant here. Two other provisions of the FMCSRs--section 393.11(a)
and section 393.25(c)--mandate that required lamps on CMVs meet the
requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 108
in effect at the time of manufacture. FMVSS No. 108, issued by the U.S.
Department of Transportation's National Highway Traffic Safety
Administration (NHTSA), includes a requirement that installed brake
lamps, whether original or replacement equipment, be steady burning.

B. Applicant's Request

Gemini applied for an exemption from 49 CFR 393.25(e) to allow it
to operate CMVs, equipped with Intellistop's module. When the brakes
are applied, the Intellistop module is designed to pulse the rear
clearance, identification, and brake lamps from a lower-level lighting
intensity to a higher-level lighting intensity 4 times in 2 seconds and
then maintain the original equipment manufacturer's (OEM) level of
illumination for those lamps until the brakes are released and
reapplied. Intellistop asserts that its module is designed to ensure
that if the module ever fails, the clearance, identification, and brake
lamps will default to normal OEM function and illumination.
Gemini's application followed the Agency's October 7, 2022 (87 FR
61133), denial of Intellistop's application for an industry-wide
exemption to allow all interstate motor carriers to operate CMVs
equipped with the Intellistop module. While the Agency determined that
the scope of the exemption Intellistop sought was too broad to ensure
that an equivalent level of safety would be achieved, the Agency
explained that individual motor carrier applications for exemption may
be more closely aligned with FMCSA authorities. Exemptions more limited
in scope would allow the Agency to ensure compliance with all relevant
FMCSA regulations because the individual exemptee would be easily
identifiable and its compliance with applicable regulations could be
monitored, thus providing a level of safety equivalent to compliance
with 49 CFR 393.25(e).
Gemini stated that previous research demonstrated that the use of
pulsating brake-activated lamps increases the visibility of vehicles
and should lead to a significant decrease in rear-end crashes. In
support of its application, Gemini submitted several reports of
research 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.\1\ \2\ \3\ This same body of research was also
referenced in Intellistop's industry-wide exemption application.
Relying on these studies, Gemini stated that the addition of brake-
activated pulsating lamp(s) will not have an adverse impact on safety
and would likely maintain a level of safety equivalent to or greater
than the level of safety achieved without the exemption.
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\1\ See NHTSA Study--Evaluation of Enhanced Brake Lights Using
Surrogate Safety Metrics <a href="https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/811127.pdf">https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/811127.pdf</a>; As part of the General Findings the NHTSA study
report concluded that ``rear lighting continues to look promising as
a means of reducing the number and severity of rear-end crashes.''
\2\ See also NHTSA Study--Enhanced Rear Lighting and Signaling
Systems <a href="https://tinyurl.com/y2romx76">https://tinyurl.com/y2romx76</a> or <a href="https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/task_3_results_0.pdf">https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/task_3_results_0.pdf</a>; As part of the conclusions
NHTSA found that enhanced, flashing brake lighting ``demonstrated
improvements in brake response times and other related performance
measures.''
\3\ See also NHTSA--Traffic Safety Facts <a href="https://tinyurl.com/yxglsdax">https://tinyurl.com/yxglsdax</a> or <a href="https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/tsf811128.pdf">https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/tsf811128.pdf</a>; which concluded that flashing brake lights were a
promising signal for improving attention-getting during brake
applications.
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A copy of the application is included in the docket referenced at
the beginning of this notice.

IV. Comments

FMCSA published a notice of the application in the Federal Register
on February 1, 2023, and asked for public comment (88 FR 6805). The
Agency received 26 comments from the American Trucking Associations
(ATA); Intellistop, Inc.; the National Truck Equipment Association
(NTEA); the Transportation Safety Equipment Institute (TSEI); and 22
other commenters. Twenty-five of the commenters favored the exemption
application, while TSEI expressed concerns.
TSEI reiterated comments it had previously made in support of the
safety benefits of brake-activated warning lamps when used in
conjunction with steady burning red brake lamps as well as its prior
support of the exemption requests from Groendyke, NTTC, and Grote.
Despite these previous expressions of support for the potential
benefits of some brake warning lamp configurations, TSEI stated that it
is concerned about any exemption permitting the pulsing of lamps that
are currently required to be steady burning without a thorough
consideration of safety data and research. TSEI stated that the aim of
future rulemaking should be to ensure consistent application across all
vehicles equipped with such pulsating lamps and recommended that the
Agency engage in a formal rulemaking to amend Part 393 to allow for
pulsating brake lamps.
ATA supported Gemini's request and stated that enhanced rear
signaling (ERS) can provide functionality beyond what traditional CMV
lighting and reflective devices offer, including drawing attention to
CMVs stopped ahead; increasing awareness of roadside breakdowns;
notification of emergency braking; and improving driver confidence from
both vehicles. ATA also stated that, in addition to these safety
benefits, ERS performance is superior to that of steady-burning brake
lamps in conditions of severe weather, taillight glare, and around
infrastructure obstacles. Specifically, ATA noted that this ``request
by Gemini presents another opportunity for the DOT to learn about the
performance of ERS in real world applications.'' Further, ATA stated
that ``[it] believes the exemption process is well-suited for these
kinds of situations, where the DOT can monitor small, controlled
deployments to learn about benefits and costs and gather important data
to make sound judgments on a broader industry exemption or change in
regulations.''
ATA recommended the Agency provide clear guidance in the terms and
conditions of the exemption grant to aid the Agency in monitoring the
exemption for unintended consequences and aid the Applicant in
understanding expectations for potential renewal of the exemption
application. ATA further commented that FMCSA should work with industry
to develop research efforts that examine the performance of ERS to
supplement future DOT decisions on ERS technologies. and aid the
Applicant

[[Page 40531]]

in understanding expectations for potential renewal of the exemption
application. ATA further commented that FMCSA should work with industry
to develop research efforts that examine the performance of ERS to
supplement future DOT decisions on ERS technologies.
The NTEA supported the Agency's authority to grant a temporary
exemption. The NTEA, however, expressed concern that some of its
members who are manufacturers and alterers of motor vehicles may
receive requests from fleet operators to install brake-activated
pulsating warning lamps on certain new vehicles they construct or
modify. As manufacturers of new motor vehicles, NTEA members are
required to certify these vehicles to applicable NHTSA Federal Motor
Vehicle Safety Standards (FMVSS). NTEA noted that FMCSA does not have
the authority to exempt CMV manufacturers from their obligation to
certify FMVSS compliance. It recommended the Agency clarify in the
terms and conditions of the exemption the responsibilities of carriers,
manufacturers, and repair facilities, and the limitations and the
conditions under which modifications may be made. NTEA specifically
requested that FMCSA ``make clear that [this] exemption does not
currently change any NHTSA regulations applying to the certification of
federal motor vehicle safety standards,'' if it grants the exemption.
Intellistop supported the Applicant's request for exemption. It
commented that for over 20 years, multiple States have allowed pulsing
or flashing of brake lamps. Intellistop also asserted many State driver
training schools recommend tapping brakes to warn other drivers when a
CMV is slowing or stopping. Intellistop stated that it is unlikely that
other motorists would confuse the use of their module with the
recommendation to tap brakes when a CMV is slowing or stopping, as
``[s]eeing brake lights flash is a commonly communicated method to
alert other drivers that a vehicle is slowing down or stopping.''
Twenty-one additional comments were submitted in support of
granting the exemption. These commenters believe that any technology
that has been shown to reduce rear-end crashes should be allowed and
cited various benefits of brake activated pulsating lamps, including
(1) enhanced awareness that the vehicle is making a stop, especially at
railroad crossings, and (2) increased visibility in severe weather
conditions. Several commenters noted that 37 States currently allow
brake lamps to flash. In addition, three commenters noted that the
guidelines developed by the American Driver and Traffic Safety
Education Association advise driving instructors to teach new drivers
to pulse brake lamps when stopping to improve visibility.

V. FMCSA Equivalent Level of Safety Analysis

Gemini petitions FMCSA to grant an exemption from 49 CFR
393.25(e)--requiring certain exterior lamps to be steady burning--to
allow it to operate CMVs equipped with Intellistop's module. FMCSA has
determined that in order for Gemini to operate vehicles in compliance
with the FMCSRs, an exemption from 49 CFR 393.25(e) must be accompanied
by limited exemptions from 49 CFR 393.11(a) and 393.25(c), both of
which mandate that required lamps on CMVs operated in interstate
commerce must, ``at a minimum, meet the applicable requirements of 49
CFR 571.108 (FMVSS No. 108) in effect at the time of manufacture of the
vehicle.'' FMCSA grants exemptions only when it determines ``such
exemption[s] would likely achieve a level of safety that is equivalent
to, or greater than, the level that would be achieved absent the
exemption[s].''
Rear-end crashes generally account for approximately 30 percent of
all crashes. They often result from a failure to respond (or delays in
responding) to a stopped or decelerating lead vehicle. Data on crashes
that occurred 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.4 5 FMCSA is deeply
interested in the development and deployment of technologies that can
reduce the frequency, severity, and risk of rear-end crashes.
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\4\ U.S. Department of Transportation, National Highway Traffic
Safety Administration (2012), Traffic Safety Facts--2010 Data; Large
Trucks, Report No. DOT HS 811 628, Washington, DC (June 2012),
available at: <a href="https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/811628">https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/811628</a>.
\5\ U.S. Department of Transportation, National Highway Traffic
Safety Administration (2018), Traffic Safety Facts--2016 Data; Large
Trucks, Report No. DOT HS 812 497, Washington, DC (May 2018),
available at: <a href="https://crashstats.nhtsa.dot.gov/Api/Public/Publication/812497">https://crashstats.nhtsa.dot.gov/Api/Public/Publication/812497</a>.
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Both FMCSA and NHTSA have examined alternative rear-signaling
systems to reduce the incidence of rear-end crashes. While research
efforts concluded that improvements in the incidence of rear-end
crashes could be realized through certain rear-lighting systems that
flash,\6\ the FMCSRs do not currently permit the use of pulsating,
brake-activated lamps on the rear of CMVs. FMCSA believes that the two
agencies' previous research programs demonstrate that rear-signaling
systems may be able to ``improve attention getting'' to reduce the
frequency and severity of rear-end crashes. Any possible benefit must
be balanced against a possible risk of increased driver distraction and
confusion. In balancing these interests, the Agency was compelled to
deny the Intellistop application for exemption because the industry-
wide scope of the request was too broad for the Agency to effectively
monitor for the potential risk of driver distraction or confusion.
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\6\ Expanded Research and Development of an Enhanced Rear
Signaling System for Commercial Motor Vehicles: Final Report,
William A. Schaudt et al. (Apr. 2014) (Report No. FMCSA-RRT-13-009).
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The Agency acknowledges the limitations of the research studies
completed to date and the overall data deficiencies in this area.
Nonetheless, as noted in its Intellistop decision, the Agency
recognizes that existing data do suggest a potential safety value in
the use of alternative rear-signaling systems, generally. Specifically,
FMCSA considered NHTSA's research concerning the development and
evaluation of rear-signaling applications designed to reduce the
frequency and severity of rear-end crashes via enhancements to rear-
brake lighting. The study examined enhancements for (1) redirecting
drivers' visual attention to the forward roadway (for cases involving a
distracted driver) and (2) increasing the saliency or meaningfulness of
the brake signal (for inattentive drivers).\7\ The research considered
the attention-getting capability and discomfort glare of a set of
candidate rear brake lighting configurations using driver judgments and
eye-drawing metrics. The results of this research served to narrow the
set of candidate lighting configurations to those that would most
likely be carried forward for additional on-road study. Based on
subjective participant responses, this research indicates some form of
flashing or variation in brake light brightness may be more than two
times more attention-getting than the baseline, steady-burning brake
lights for distracted drivers.\8\
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\7\ See NHTSA Study--Evaluation of Enhanced Brake Lights Using
Surrogate Safety Metrics <a href="https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/811127.pdf">https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/811127.pdf</a>.
\8\ Ibid. While data demonstrated that brighter flashing lights
were the most attention-getting combination for distracted drivers
in this study, flashing lights with no increase in brightness were
still more effective at capturing a distracted driver's attention
than the baseline steady-burning brake lamps. Both look-up (eye
drawing) data and interview data supported the hypothesis that
simultaneous flashing of all rear lighting combined with increased
brightness would be effective in redirecting the driver's eyes to
the lead vehicle when the driver is looking away with tasks that
involve visual load.

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[[Page 40532]]

While some of the data collected in the study may not be
statistically significant, the study results nonetheless indicate that
additional efforts to get drivers' attention when they are approaching
the rear of a CMV that is stopping may be helpful to reduce driver
distraction and, ultimately, rear-end crashes. This was among several
reasons why researchers concluded that the promising nature of enhanced
brake lighting systems warranted additional work and research. FMCSA
believes the acquisition of relevant data through real-world monitoring
is of critical importance as the Agency continues to seek new and
innovative options for reducing crashes. This is particularly true
given the data limitations noted in previous studies.
Despite finding a potential safety value in the use of alternative
rear-signaling technology, in the Intellistop decision the Agency
determined that the data presently available did not justify an
exemption to allow all interstate motor carriers to alter the
performance of an FMVSS-required lighting device (i.e., stop lamps) on
any CMV. In contrast, however, Gemini's application requests an
exemption from the steady-burning brake lamp requirement for CMV
operations by only one interstate motor carrier. As FMCSA noted in its
denial of Intellistop's industry-wide exemption application, individual
motor carrier exemption requests more closely align with FMCSA and
NHTSA authorities to ensure compliance with all other applicable
regulations and with the safety performance of the smaller population
of affected motor carriers. With an individual motor carrier exemption,
the Agency can also more easily monitor compliance with terms and
conditions intended to ensure operations conducted under the exemption
do in fact provide an equivalent level of safety. Gemini's application
demonstrates why this is particularly true, since the vehicles operated
by Gemini under the exemption would be easily identifiable, and
compliance with NHTSA's ``make inoperative'' prohibition and other
related regulations could be readily checked.
The Agency's decision to grant this exemption is based on the data
suggesting enhanced rear signal systems, such as pulsing brake lights,
may help reduce the frequency and severity of rear-end crashes, as well
as on the limited number of vehicles operating under the exemption.
Gemini currently operates a nationwide fleet of approximately 1,200
vehicles, primarily fuel haulers. The installation of the module on a
finite number of CMVs operated by a single motor carrier provides the
opportunity for the Agency to collect data on the effects of pulsing
brake lights in real-world conditions. The terms and conditions FMCSA
imposes through this exemption will ensure appropriate Federal
oversight in the use of these devices on a finite number of CMVs
utilizing a phased in approach.
Initially restricting the application of this exemption to a
limited portion of Gemini's fleet will allow for a comparison between
the crash involvement of Gemini CMVs equipped with the Intellistop
device, those without the device, and the overall crash involvement of
CMVs operated by similarly sized motor carriers with similar operations
and overall safety performance. Data collected through this exemption
and any other similar exemptions the Agency may grant in the future
will allow for an evaluation of how the Intellistop module may improve
following vehicle driver responses to CMV braking. Consideration of the
scope of any particular carrier's operation and the number and types of
vehicles the carrier operates are critical to ensuring FMCSA gathers
the most relevant data as the Agency considers safety benefits gained
by the deployment of these rear brake lamp systems in CMV operations.
The Agency's incremental approach in granting this limited exemption
will also allow FMCSA to investigate and respond as appropriate to any
incidents of alleged driver confusion attributable to use of the brake
lamp systems in CMV operations, which some commenters have raised as a
potential concern.
FMCSA acknowledges that all other pulsating rear lamp exemptions
the Agency previously granted involved the addition of non-mandatory
auxiliary lights while the Intellistop module that Gemini seeks to
install alters the functionality of original equipment manufacturers'
lamps. Nonetheless, those previous exemptions are instructive, most
notably Groendyke.
The Groendyke exemption involved auxiliary lamps rather than
required lighting, but, like the Intellistop module, the modulation of
the auxiliary lamps in the Groendyke exemption occurs during braking.
More importantly, Groendyke also involved a technology with limited
supporting data being installed on a finite number of CMVs of a single
motor carrier, which allowed the Agency more realistically to monitor
the exemptee's compliance with other applicable regulations. When
granting the exemption, FMCSA found Groendyke's experience with brake-
activated pulsating warning lamps, which resulted in a 33.7 percent
reduction in rear-end crashes, to be compelling. Through the granting
of the Groendyke exemption, the Agency was able to collect additional
valuable real-world data about the operation of the module at issue.
Similarly, limited exemptions with narrowly tailored terms and
conditions permitting the use of the Intellistop module will allow the
Agency to collect data about the reliability and safety benefits of an
integrated alternative rear-signaling system.
FMCSA notes that Gemini failed to provide any evidence beyond what
is publicly available about the integration of the Intellistop module
with its CMVs' existing systems or to support the claim that a
malfunction of the device would result in the brake lights returning to
OEM functionality. Nonetheless, based on the Agency's understanding of
the device's design and assertions made in publicly available
materials, FMCSA believes concerns about both the reliability and
integration of the device are sufficiently alleviated in this instance
because of the narrow scope of the exemption and the stringent
requirements imposed by the Agency in the terms and conditions. Any
evidence that module failure results in anything less than a return to
brake light OEM functionality will result in revocation of the
exemption.
Likewise, granting this exemption to an easily identifiable carrier
alleviates concerns the Agency previously articulated about its
inability to monitor compliance with NHTSA's ``make inoperative''
prohibition. FMCSA can monitor compliance with this exemption and
ensure that only Gemini installs the module on its own CMVs.
Notwithstanding the promise the Agency sees in this technology,
exemptions are warranted only if the applicant can demonstrate that an
equivalent level of safety likely will be maintained. For this reason,
the Agency believes it is important to consider the safety record of
the applicant motor carrier. Gemini's existing on-road safety
performance record warrants granting this exemption, to collect safety
performance data in a limited set of operations. Gemini's out-of-
service rate is well below the national average, with a vehicle out-of-
service rate of only 3.0 percent (national average--21.4

[[Page 40533]]

percent), a driver out-of-service rate of only 0.4 percent (national
average--6 percent), and hazardous material out-of-service rate of 0.2
percent (national average--4.5 percent). Gemini maintains a
Satisfactory safety rating.
FMCSA has authority to grant temporary exemptions to the FMCSRs
only to motor carriers and not to CMV manufacturers or vehicle
alterers. FMCSA acknowledges that the research described above did not
fully address all of the implications of allowing pulsating stop lamps,
especially by automobiles where stop lamp design is stylized and often
brand-specific, and that it remains unclear whether deviation from the
uniform brake-light patterns of CMVs may cause confusion among highway
users when the lamps are pulsated during braking. When Intellistop
sought an industry-wide exemption, FMCSA concluded that the potential
risks of widespread adoption outweighed the potential benefits. But
FMCSA reaches a different conclusion here, where any risks will be more
limited and easier to monitor. FMCSA notes, moreover, that the research
suggests that the use of rear-signaling systems may be a means to
reduce the frequency and severity of rear-end crashes involving CMVs,
as do the reductions in rear-end crashes reported by Groendyke (84 FR
17910, April 26, 2019) utilizing an auxiliary flashing rear-signaling
system. These facts and the specific safety record of the applicant
motor carrier support the conclusion that permitting the use of
Intellistop's pulsating-lamp module among a finite number of vehicles
of a single motor carrier, subject to terms and conditions for
monitoring, is likely to achieve a level of safety that is equivalent
to, or greater than, the level of safety achieved without the
exemption.

VII. Exemption Decision

a. Grant of Exemption

FMCSA has evaluated Gemini's exemption application and the comments
received. The Agency believes that granting a temporary exemption to
393.25(e), and temporary limited exemptions to the requirements of 49
CFR 393.11(a) and 393.25(c) to allow Gemini to operate a defined and
limited number of CMVs equipped with Intellistop's pulsating-brake
module will likely achieve a level of safety that is equivalent to, or
greater than, the level of safety achieved without the exemption.
This exemption is restricted to a finite number of vehicles in
Gemini's fleet and provides relief from the steady burning requirement
for rear clearance, identification, and brake lamp activation for 2
seconds following brake activation. All other FMVSS No. 108
requirements cross-referenced or incorporated within the FMCSRs remain
in effect, with a limited exception to the requirement exempted here in
393.11(a) and 393.25(c) for only the first two seconds of brake
engagement. In addition, through the terms and conditions, FMCSA will
be able to monitor to performance of these CMVs to determine whether
they were involved in a crash and whether they appear to be
overrepresented in crashes compared to a control group (Gemini vehicles
that are not equipped with the Intellistop unit but are operating on
similar routes with similar schedules, etc.).
The Agency has evaluated the application and hereby grants the
exemption for a 5-year period, beginning May 10, 2024 and ending May
12, 2029. During the temporary exemption period, Gemini (Applicant) may
operate CMVs, equipped with Intellistop's module that pulses the rear
brake, clearance, and identification lamps from a lower-level lighting
intensity to a higher-level lighting intensity 4 times in 2 seconds.
This grant applies only to the ``steady-burning'' requirement as
specified in FMVSS 108 S7.3, and Tables I-a, I-b, and I-c. All other
photometric and requirements for stop lamps specified in FMVSS 108 must
still be met.

b. Terms and Conditions of the Exemption

(i) Installation of the Intellistop Module
The Applicant is responsible for installing the Intellistop module
and assumes any liability for installation of the module. This
exemption applies only to CMVs owned and operated by the Applicant. THE
PRODUCT MUST BE INSTALLED BY THE OWNER OF THE VEHICLE ONLY. IN
ACCORDANCE WITH FEDERAL LAW (49 U.S.C. 30112(a)(1) AND 49 U.S.C.
30122), THE PRODUCT MAY NOT BE INSTALLED BY ANY MANUFACTURER,
DISTRIBUTOR, DEALER, RENTAL COMPANY, OR MOTOR VEHICLE REPAIR BUSINESS.
The Applicant may not install the Intellistop module on more than
25% of its power units, and 25% of its trailers during the first year
of operation under the exemption, or on more than 50% of its power
units, and 50% of its trailers during the second year. The Applicant
shall provide the vehicle identification numbers for the power units
and trailers that will be operating under the exemption.
The Applicant must maintain a control group of equal size to
portion of its power units and trailers equipped with the Intellistop
unit during the first 2 years of the exemption. And the CMVs in the
control group would operate on routes with schedules that are similar
to those of the Intellistop vehicles.
Installed modules may only be used to modulate rear clearance,
identification, and stop lamps.
Within 30 business days of its first installation of the
Intellistop module, the Applicant must notify the FMCSA via email at
<a href="/cdn-cgi/l/email-protection#367b756665607652594218515940">[email&#160;protected]</a> of the number and type of CMVs it is operating, or
intends to operate, with the Intellistop module installed; the module
type and/or sub-type; and any trouble-shooting, repair, or other use of
an Intellistop module covered by this exemption. Amended installation
information, including CMVs on which the device is installed or
uninstalled, may then be submitted via the quarterly submission
specified in sub-paragraph (iv) Recurring Reporting Requirements below.
If the Applicant sells or transfers ownership of any CMV equipped
with an Intellistop module under this exemption, or if the exemption is
terminated for any reason, the Applicant must remove the module and
restore the CMV to full compliance with the FMCSRs and FMVSSs prior to
the transfer of ownership, or upon termination of the exemption. The
Applicant must also certify in writing to the purchaser/transferee and
FMCSA that the CMV has been restored to compliance with the FMCSRs and
FMVSSs.
(ii) Driver Pre-Trip Vehicle Inspections
The Applicant must ensure that each driver of an Intellistop-
equipped CMV performs a pre-trip inspection to confirm that the
Intellistop module operates only for 2 seconds and does not interfere
with the normal operation of lamps after 2 seconds. If the lamps are
not steady burning after 2 seconds, the CMV must not be dispatched
until repairs are made. At the end of each workshift, drivers must note
any problems observed by or reported to the driver concerning the
Intellistop module on a driver vehicle inspection report (see 49 CFR
396.11), and the motor carrier must correct the problem before the
vehicle is dispatched again.
(iii) Safety Notification to FMCSA
The Applicant will notify FMCSA within 5 business days after it
becomes aware, or otherwise determines, that the continued use of a
module or entire type or subtype of module covered by this

[[Page 40534]]

exemption is no longer likely to maintain a level of safety that is at
least equivalent to the level that would be achieved absent this
exemption. Notification will be made by sending an email to FMCSA at
<a href="/cdn-cgi/l/email-protection#e5a8a6b5b6a1a5818a91cb828a93">[email&#160;protected]</a>.
(iv) Recurring Reporting Requirements
During the exemption period, the Applicant will provide quarterly
submissions to FMCSA of the data described below. The Applicant's first
quarterly submission is due on August 12, 2024, and thereafter will be
due every 3 months, on the first business day of the month. The first
quarterly submission will include the required data beginning 60 days
prior to the date of module installation. All quarterly submissions
will include data through at least the 14th day (inclusive) of the
month immediately preceding the submission. Unless otherwise agreed to
by FMCSA, quarterly submissions will be sent via email to FMCSA at
<a href="/cdn-cgi/l/email-protection#064b455655424662697228616970">[email&#160;protected]</a>. If the Applicant does not have one or more categories of
information described below, it will, within 20 days of the effective
date of this exemption, discuss with FMCSA other available information.
If the Agency accepts such alternative information, the Applicant will
submit that data in lieu of the information specified below.
In the quarterly submission, the Applicant must provide FMCSA the
following information known to the Applicant regarding all crashes and
other incidents (``crash or incident'') involving a CMV equipped with
an Intellistop module covered by this exemption where the Intellistop
module is potentially implicated. Crashes involving a CMV equipped with
an Intellistop module that are ``head-on'' or otherwise involve only
the front of the Intellistop-equipped CMV impacting some other object
(such that the Intellistop module, without question, could not be
implicated) are not subject to this condition. For the first quarterly
submission, data must include any crash or incident occurring in the 60
days prior to installation of the Intellistop module that would have
been contained in this reporting category had the module been installed
at the time of the crash or incident. The Applicant's knowledge
includes, but is not limited to: (1) outreach from a consumer, lawyer,
or any other person or organization (via letter, email, fax, telephone
call, social media, or any other medium); (2) lawsuits to which the
Applicant is a party, or otherwise knows exist where an Intellistop
module covered by this exemption is an issue in the litigation; and (3)
insurance claims against the Applicant related to use of the
Intellistop module. When in the Applicant's possession, information
provided to FMCSA shall include:
1. The date of first contact regarding, or the Applicant's first
awareness of, the crash or incident;
2. The date of the most recent follow-up contact, if any, between
the Applicant and the other party;
3. The date, time, and location of the crash or incident;
4. A brief description of the crash or incident; and
5. The Intellistop module type and/or subtype(s) involved in the
crash or incident.
6. Information, if any, indicating that the Intellistop module is,
or was, not working as intended, or caused confusion or a roadway
hazard for either the consumer or other motorists.
Annual data. At the end of each 12-month period this exemption is
in effect, the Applicant shall, within 60 days, submit a report
detailing all information in its possession regarding crash rates and
vehicle miles traveled by CMVs equipped with a module covered by this
exemption. Additionally, the report will specify the number and type of
CMVs the Applicant is operating under the exemption, the module type or
sub-type installed on each CMV, the affected lamps (rear clearance,
identification, and/or brake lamps), the number of covered vehicles
sold or transferred in ownership during the 12-month reporting period,
and a statement certifying that any sold/transferred vehicle(s) have
been restored to compliance with applicable FMVSSs and FMCSRs.
Meetings. The Applicant shall, at FMCSA's request, meet with FMCSA
to answer questions regarding data and information provided by the
Applicant under this exemption.
(v) Early Termination
The exemption will be valid for 5 years from the date of issuance
unless rescinded earlier by FMCSA. FMCSA will terminate the exemption
if: (1) the Applicant fails to comply with its terms and conditions;
(2) the exemption results 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).
(vi) Notification From the Public
Interested parties possessing information that would demonstrate
that Gemini's CMVs equipped with Intellistop's pulsating rear-light
module may not be achieving the requisite statutory level of safety
should immediately notify FMCSA. The Agency will evaluate any such
information and, if safety is being compromised or if the continuation
of the exemption is not consistent with 49 U.S.C. 31136(e) and
31315(b), will take immediate steps to revoke the exemption.
(vii) Non-Endorsement
This limited and conditional exemption does not constitute an
endorsement of the Intellistop product by FMCSA, NHTSA, the U.S. DOT,
or any of their components, or by any of these agencies' employees or
agents. As a condition of the continued effectiveness of this
exemption, Intellistop is expressly prohibited from describing its
product as approved by, endorsed by, or otherwise authorized by FMCSA,
NHTSA, or U.S. DOT, or as compliant with Federal safety regulations.

VIII. Preemption

In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption. States may, but
are not required to, adopt the same exemption with respect to
operations in intrastate commerce.

Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-10270 Filed 5-9-24; 8:45 am]
BILLING CODE 4910-EX-P

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