Notice2024-14335
Parts and Accessories Necessary for Safe Operation; Exemption Renewal for Groendyke Transport, Inc.
Primary source
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Published
June 28, 2024
Effective
April 26, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to provisionally renew Groendyke Transport, Inc.'s (Groendyke) exemption 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). The exemption is renewed for 6 months, unless revoked earlier.
Full Text
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<title>Federal Register, Volume 89 Issue 125 (Friday, June 28, 2024)</title>
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[Federal Register Volume 89, Number 125 (Friday, June 28, 2024)]
[Notices]
[Pages 54147-54150]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14335]
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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).
ACTION: Notice of provisional renewal of exemption; request for
comments.
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SUMMARY: FMCSA announces its decision to provisionally renew Groendyke
Transport, Inc.'s (Groendyke) exemption 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). The exemption is renewed for 6 months,
unless revoked earlier.
DATES: This renewed exemption is effective April 26, 2024, through
October 26, 2024, unless revoked earlier. Comments must be received on
or before July 29, 2024.
ADDRESSES: You may submit comments identified by docket number FMCSA-
2018-0223 using any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov/docket/FMCSA-2018-00223/document">https://www.regulations.gov/docket/FMCSA-2018-00223/document</a>. Follow the online
instructions for submitting comments.
<bullet> Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
<bullet> 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.
<bullet> Fax: (202) 493-2251.
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; <a href="/cdn-cgi/l/email-protection#f0bdb3a0a3a6b0949f84de979f86"><span class="__cf_email__" data-cfemail="b7faf4e7e4e1f7d3d8c399d0d8c1">[email protected]</span></a>. 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-2018-0223), 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 <a href="https://www.regulations.gov/docket/FMCSA-2018-0223/document">https://www.regulations.gov/docket/FMCSA-2018-0223/document</a>, 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.
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,
[[Page 54148]]
Regulatory Evaluation Division, Office of Policy, FMCSA, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001 or via email at
<a href="/cdn-cgi/l/email-protection#593b2b303837773e773d3831353037193d362d773e362f"><span class="__cf_email__" data-cfemail="0765756e666929602963666f6b6e694763687329606871">[email protected]</span></a>. At this time, you need not send a duplicate
hardcopy of your electronic CBI submissions to FMCSA headquarters. Any
comments FMCSA receives not specifically designated as CBI will be
placed in the public docket for this notice.
B. Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to <a href="https://www.regulations.gov/docket/FMCSA-2018-0223/document">https://www.regulations.gov/docket/FMCSA-2018-0223/document</a> 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.
C. Privacy
In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public to better inform its regulatory process. DOT posts
these comments, including any personal information the commenter
provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system of records
notice DOT/ALL 14 (Federal Docket Management System (FDMS)), which can
be reviewed under the ``Department Wide System of Records Notices'' at
<a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>. 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)(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
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, Groendyke evaluated methods
to reduce rear-end collisions involving its trailers. Groendyke drivers
transporting hazardous materials are required to slow down or stop at
railroad crossings. However, following drivers are not always prepared
for these stops, resulting in rear-end crashes. Groendyke's inability
to control other drivers' actions meant that the problem could not be
solved through its internal training procedures. Consequently, it
prioritized enhancing visibility by improving its trailers' braking
systems to alert other drivers more effectively.
Groendyke is a carrier of flammable fuel and liquid hazardous
materials that operates a fleet of approximately 1,440 trailers and
employs over 1,200 individuals, including around 900 drivers. In its
efforts to enhance safety, Groendyke proposed installing an amber
brake-activated pulsating lamp at the rear of its trailers, signaling
to following drivers that the vehicle is slowing down or coming to a
stop. Groendyke specified that the brake-activated pulsating lamp would
be positioned in the upper center portion of the trailer.
In support of its application, Groendyke contended that the
addition of the brake-activated pulsating lamp would improve safety,
and cited (1) research suggesting that pulsating brake lamps in
addition to steady-burning red brake lamps improve visibility and
prevent accidents, (2) its own experience demonstrating that pulsating
brake lamps in addition to steady-burning red brake lamps decreased the
frequency of rear-end accidents involving its fleet, and (3) similar
exemptions granted for other classes of vehicles.
Groendyke referenced research conducted by the National Highway
Traffic Safety Administration (NHTSA) concerning rear-end collisions,
distracted driving, and braking signals. According to Groendyke, NHTSA
research reveals that enhancements to braking systems can significantly
improve their effectiveness in capturing the attention of following
drivers, thereby reducing rear-end collisions. Specifically, Groendyke
states the addition of a pulsating brake lamp on a leading vehicle has
been shown to have a measurable impact on the behavior of following
drivers, leading to faster and more efficient responses and ultimately
preventing or mitigating rear-end collisions.
Starting in the second quarter of 2015, Groendyke initiated the use
of amber brake-activated pulsating lamps on a portion of its fleet,
without prior authorization from the FMCSA, as a part of the
``Groendyke Brake Warning Device Campaign.'' Groendyke initiated this
effort to compare the frequency of rear-end collisions between trailers
equipped with centrally mounted auxiliary amber brake-activated
pulsating lamps (in addition to the required red steady-burning brake
lamps), and those equipped exclusively with the required red steady-
burning lamps. By July 31, 2017, 632 out of 1,440 trailers had been
outfitted with the auxiliary amber brake-activated pulsating lamps.
Data collected by Groendyke between January 2015 and July 2017 as
part of the ``Groendyke Brake Warning Device Campaign'' demonstrated
that trailers equipped with both the auxiliary amber brake-activated
pulsating lamp and red steady-burning brake lamps were involved in 33.7
percent fewer rear-end collisions compared to those equipped only with
red steady-burning brake lamps. Groendyke also analyzed whether the
presence of the auxiliary amber brake-activated pulsating lamp improved
outcomes during slowing or stopping at railroad crossings. The analysis
revealed that trailers equipped with pulsating lamps were not involved
in any rear-end collisions at railroad crossings during the same
period. Groendyke did not present any information on crash rates at
railroad crossings for trailers not equipped with the pulsating lamps
for FMCSA to make a comparison of effectiveness at rail crossings.
Groendyke concluded that the results of its ``Groendyke Brake
Warning Device Campaign'' show a significant reduction in the frequency
of rear-end collisions when trailers are equipped with auxiliary amber
brake activated pulsating lamps in addition to the steady-burning red
brake lamps required by the FMCSRs. These auxiliary pulsating lamps,
according to Groendyke, effectively draw other drivers' attention to
the actions of the vehicle in front, enhancing safety and, in the
process, productivity.
Exemptions for Other Classes of Vehicles
Groendyke noted in its application that the current regulations (49
CFR
[[Page 54149]]
393.25(e)) exempt tow trucks, CMVs transporting over-sized loads, and
emergency vehicles from the requirement that all exterior lamps be
steady-burning. In the original exemption application, Groendyke argued
that granting a similar exemption for carriers of hazardous loads would
align with the intent of that regulation. Groendyke emphasized that
this additional brake lamp would not compromise safety and that
adherence to the exemption's terms and conditions would achieve a level
of safety equivalent to or greater than the level of safety achieved
without the exemption.
On April 26, 2019, following notice and consideration of the
comments received, FMCSA granted Groendyke a 5-year exemption after
determining that the use of an amber brake-activated pulsating lamp
positioned in the upper center portion of the trailer, 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 (84 FR 17910). 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 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
concluded 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 concluded 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.
Because of the risks posed by rear-end crashes, the potential
benefits of ERS suggested by existing studies, and the value of real-
world data, FMCSA concluded that Groendyke's tests conducted between
January 1, 2015, and July 31, 2017, were both persuasive and
compelling. FMCSA noted that this real-world experience, along with the
FMCSA and NHTSA research programs that demonstrated the potential
ability of ERS to reduce the frequency and severity of rear-end
crashes, was sufficient for FMCSA to conclude that the implementation
of a supplemental amber brake-activated pulsating lamp on the rear of
Groendyke's trailers was likely to provide a level of safety equivalent
to, or greater than, the level of safety achieved without the
exemption. During the temporary exemption period, Groendyke was allowed
to install 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.
Finally, FMCSA imposed the following terms and conditions to ensure
the safety of the motoring public. The exemption would be rescinded if:
(1) Groendyke failed 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, Groendyke reaffirmed its previous
arguments in support of the original exemption request and requested an
additional 5-year exemption. Building upon agency reports, studies, and
internal data, Groendyke reiterated the effectiveness of enhanced brake
lighting in reducing rear-end accidents.
Following its previous data collections, Groendyke continued to
gather and analyze data from 2018 to 2023. Groendyke noted that since
the exemption was granted, the installation of pulsating brake lamps
has gradually expanded across its fleet. For instance, in 2018,
Groendyke reported that 38% of its trailers had been fitted with
additional rear brake-activated pulsating lamps. By 2023, this number
had increased significantly, with Groendyke reporting that 93% of its
trailers were equipped with such lamps. Following this widespread
implementation, Groendyke reported a notable reduction in rear-end
accidents since 2018. Based on these findings, Groendyke reached the
following conclusions: (1) the ``Groendyke Brake Warning Device
Campaign'' results indicated that the pulsating lamps in addition to
steady-burning brake lamps did not lead to confusion or distraction
among following drivers; and (2) the data shows a direct correlation
between the utilization of auxiliary brake-activated pulsating lamps
and a decrease in rear-end accidents, indicating the efficacy of
auxiliary pulsating brake lamps in enhancing visibility and reducing
accidents. Therefore, Groendyke requests renewal of the initial
exemption, highlighting the lamps' role in enhancing safety both for
the public and its drivers while reducing overall accident costs. A
copy of Groendyke's request to renew the exemption is available in the
docket.
IV. Equivalent Level of Safety Analysis
FMCSA is not aware of any evidence showing that the operation of
Groendyke's brake-activated pulsating lamps in accordance with the
conditions of the original exemption has resulted in any degradation in
safety. In addition, the data provided by Groendyke indicates a notable
reduction in rear-ended crashes concurrent with its operation of cargo
tank trucks equipped with an auxiliary amber brake-activated pulsating
lamp on the rear of its trailers in addition to the
[[Page 54150]]
steady-burning brake lamps. This supports Groendyke's argument that the
use of pulsating auxiliary lamps has not resulted in a degradation of
safety, and Groendyke's overall operations demonstrate achievement of a
level of safety equivalent to or greater than operations conducted
without the exemption. Therefore, for the reasons discussed above and
in the prior notice granting the original exemption request, FMCSA
concludes that provisionally renewing the exemption granted on April
26, 2019, for a subsequent 6 months, on the terms and conditions set
forth in this exemption renewal decision, would likely achieve a level
of safety that is equivalent to, or greater than, the level of safety
achieved without the exemption.
V. Exemption Decision
A. Provisional Granting of Exemption Renewal
FMCSA provisionally renews the exemption for a subsequent period of
6 months, instead of the 5 years requested by Groendyke, subject to the
terms and conditions of this decision and the absence of adverse
evidence sufficiently serious to cause the Agency to revoke the
exemption. If evidence of insufficient safety is not provided, FMCSA
anticipates granting a full 5-year exemption when the provisional
exemption expires. The exemption from the requirements of 49 CFR
393.25(e) is effective April 26, 2024, through October 26, 2024, 11:59
p.m. local time, unless revoked.
B. Applicability of Exemption
During the temporary exemption period, Groendyke will be allowed to
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
Below are the conditions applicable to the provisionally renewed
exemption. These conditions establish requirements for reporting, data
submission, and compliance monitoring to ensure the safe operation of
CMVs equipped with Groendyke's brake activated pulsating lamps. Each
condition serves to maintain safety standards while allowing for the
continued use of these lamps under specified terms and conditions.
Groendyke must follow the terms and conditions listed below:
1. Limitation of Exemption:
<bullet> 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:
<bullet> 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, if the exemption is
extended, subsequent submissions are due every 12-months thereafter
until the exemption expires or is revoked.
<bullet> The yearly data submissions must be sent via email to
FMCSA at <a href="/cdn-cgi/l/email-protection#2f626c7f7c6b6f4b405b01484059"><span class="__cf_email__" data-cfemail="6a27293a392e2a0e051e440d051c">[email protected]</span></a>.
<bullet> 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:
<bullet> 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, information including dates of
the crash or incident, time, location, and a brief description of the
event.
<bullet> 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:
<bullet> 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. Revocation
The exemption will be valid for 6 months as provided in section
V.A. above, unless revoked earlier by FMCSA. FMCSA does not believe
that drivers, and CMVs covered by the exemption will experience any
deterioration of their safety record. However, should this occur, FMCSA
will take all steps necessary to protect the public interest, including
revocation of the exemption without prior notice. The exemption will be
immediately revoked if: (1) Groendyke's drivers, and/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 or
chapter 313.
Interested parties possessing information that would demonstrate
that Groendyke's use of an amber brake-activated pulsating lamp
positioned in the upper center of the rear of the trailer in addition
to the steady-burning brake lamps required by the FMCSRs is not
achieving the requisite statutory level of safety should immediately
notify FMCSA by email at <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="18555b484b4e585c574c365f574e">[email protected]</a>. The Agency will evaluate any
such information and, if safety is being compromised or if the
continuation of the exemption is not consistent with the goals and
objectives of 49 U.S.C. 31136 or chapter 313, will take immediate steps
to revoke the exemption.
VI. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on Groendyke'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.
Vincent G. White,
Acting Administrator.
[FR Doc. 2024-14335 Filed 6-27-24; 8:45 am]
BILLING CODE 4910-EX-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.