Notice2024-27091
Parts and Accessories Necessary for Safe Operation; Exemption Renewal for Groendyke Transport, Inc.
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 20, 2024
Effective
April 26, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its final decision to grant an exemption renewal requested by Groendyke Transport, Inc. (Groendyke) to allow the use of an amber brake-activated pulsating lamp on the rear of its trailers in addition to the steady-burning brake lamps required by the Federal Motor Carrier Safety Regulations (FMCSR). FMCSA concludes that renewing the exemption, subject to the terms and conditions set forth below, is likely to achieve a level of safety equivalent to or greater than the level of safety that would be achieved absent the exemption.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 224 (Wednesday, November 20, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 224 (Wednesday, November 20, 2024)]
[Notices]
[Pages 91872-91873]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27091]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0223]
Parts and Accessories Necessary for Safe Operation; Exemption
Renewal for Groendyke Transport, Inc.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
[[Page 91873]]
ACTION: Notice of final disposition; renewal of exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its final decision to grant an exemption
renewal requested by Groendyke Transport, Inc. (Groendyke) to allow the
use of an amber brake-activated pulsating lamp on the rear of its
trailers in addition to the steady-burning brake lamps required by the
Federal Motor Carrier Safety Regulations (FMCSR). FMCSA concludes that
renewing the exemption, subject to the terms and conditions set forth
below, is likely to achieve a level of safety equivalent to or greater
than the level of safety that would be achieved absent the exemption.
DATES: This renewed exemption is effective April 26, 2024, through
April 26, 2029.
FOR FURTHER INFORMATION CONTACT: Mr. David Sutula, Chief, Vehicle and
Roadside Operations Division, Office of Carrier, Driver, and Vehicle
Safety, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001;
(202) 366-9209; <a href="/cdn-cgi/l/email-protection#96dbd5c6c5c0d6f2f9e2b8f1f9e0"><span class="__cf_email__" data-cfemail="2e636d7e7d786e4a415a00494158">[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. 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.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b)(2) and 49
CFR 381.300(b) to renew an exemption from the FMCSRs for subsequent
periods of up to 5 years if it finds that such exemption would likely
maintain a level of safety that is equivalent to, or greater than, the
level that would be achieved by the current regulation (49 CFR
381.305(a)).
III. Background
On June 28, 2024, after review of Groendyke's renewal application,
FMCSA published its decision to provisionally grant a 6-month renewal
of the exemption effective April 26, 2024, through October 26, 2024,
and requested public comment (89 FR 54147). The comment period closed
on July 29, 2024. The Agency did not receive any comments in response
to the notice.
IV. Exemption Decision
A. Grant of Exemption
As explained in the notice of provisional renewal, FMCSA believes
that renewing the exemption to allow the operation of Groendyke's
brake-activated pulsating lamps, under the terms and conditions set
forth in this exemption renewal decision, will likely achieve a level
of safety that is equivalent to, or greater than, the level of safety
achieved without the exemption. FMCSA further stated in the provisional
renewal that if evidence of insufficient safety was not provided, the
Agency anticipated granting a full 5-year exemption when the
provisional renewal expired. FMCSA has not received any information
that would alter the safety analysis from the June 28, 2024,
provisional renewal and, accordingly, adopts the analysis and
conclusions in this renewal.
FMCSA renews the exemption for 5 years subject to the terms and
conditions of this decision. The exemption from the requirements of 49
CFR 393.25(e) is effective April 26, 2024, through April 26, 2029.
B. Applicability of Exemption
During the exemption period, Groendyke may install or continue to
use an amber brake-activated pulsating lamp positioned in the upper
center of the rear of its trailers in addition to the steady-burning
brake lamps required by the FMCSRs.
C. Terms and Conditions
1. Limitation of Exemption:
<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 subsequent submissions
are due every 12-months thereafter until the exemption expires or is
rescinded.
<bullet> The yearly data submissions must be sent via email to
FMCSA at <a href="/cdn-cgi/l/email-protection#2f626c7f7c796f4b405b01484059"><span class="__cf_email__" data-cfemail="ade0eefdfefbedc9c2d983cac2db">[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, crash or incident information
including the date of each crash or incident, along with the 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. Termination
FMCSA does not believe that drivers or CMVs covered by the
exemption will experience any deterioration of their safety record. The
exemption will be rescinded if: (1) Groendyke or its drivers or CMVs
fail to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b).
Vincent G. White,
Deputy Administrator.
[FR Doc. 2024-27091 Filed 11-19-24; 8:45 am]
BILLING CODE 4910-EX-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 20, 2024.
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.