Notice2025-01162
Parts and Accessories Necessary for Safe Operation; Application for Exemption Renewal from Grote Industries, LLC
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
January 17, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 11 (Friday, January 17, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Notices]
[Pages 6046-6048]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01162]
[[Page 6046]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2020-0122]
Parts and Accessories Necessary for Safe Operation; Application
for Exemption Renewal from Grote Industries, LLC
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for renewal of exemption; request for
comments.
-----------------------------------------------------------------------
SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
requests public comment on the application from Grote Industries, LLC
(Grote) for a renewal of its exemption allowing motor carriers to
install amber brake-activated pulsating warning lamps on the rear of
trailers and van body trucks in addition to the steady-burning brake
lamps required by the Federal Motor Carrier Safety Regulations
(FMCSRs). Grote currently holds an exemption for the period December 7,
2020, through December 2, 2025, and requests a five-year renewal of the
exemption. FMCSA requests public comment on Grote's request to renew
the exemption.
DATES: Comments must be received on or before February 18, 2025.
ADDRESSES: You may submit comments identified by docket number FMCSA-
2020-0122 using any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov/docket/FMCSA-2020-0122/document">https://www.regulations.gov/docket/FMCSA-2020-0122/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.
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 <a href="http://www.regulations.gov">www.regulations.gov</a>, 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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; <a href="/cdn-cgi/l/email-protection#672a243734312703081349000811"><span class="__cf_email__" data-cfemail="3e737d6e6d687e5a514a10595148">[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-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 <a href="https://www.regulations.gov/docket/FMCSA-2020-0122/document">https://www.regulations.gov/docket/FMCSA-2020-0122/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.
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 <a href="/cdn-cgi/l/email-protection#a5c7d7ccc4cb8bc28bc1c4cdc9cccbe5c1cad18bc2cad3"><span class="__cf_email__" data-cfemail="f0928299919ede97de9491989c999eb0949f84de979f86">[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.
C. 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-2020-0122/document">https://www.regulations.gov/docket/FMCSA-2020-0122/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.
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
<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
[[Page 6047]]
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) 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
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 17, 2025.
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.