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Notice2025-06409

Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Coffeyville Resources Crude Transportation, USDOT#1236378

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Published

April 16, 2025

Effective

April 16, 2025

Issuing agencies

Transportation DepartmentFederal Motor Carrier Safety Administration

Abstract

The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant an application from Coffeyville Resources Crude Transportation, USDOT #1236378, (Coffeyville) 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. FMCSA has determined that granting the exemption to Coffeyville 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 90 Issue 72 (Wednesday, April 16, 2025)</title>
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[Federal Register Volume 90, Number 72 (Wednesday, April 16, 2025)]
[Notices]
[Pages 16062-16067]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06409]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2024-0238]

Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Coffeyville Resources Crude Transportation,
USDOT#1236378

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 an application from Coffeyville
Resources Crude Transportation, USDOT #1236378, (Coffeyville) 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. FMCSA has determined
that granting the exemption to Coffeyville 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 April 16, 2025 and ending April 16,
2030.

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#f7bab4a7a4a1b7939883d9909881">[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-2024-0238'' in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, 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-2024-0238'' in the keyword box, click ``Search,'' and chose the
document to review.
If you do not have access to the internet, you may view the docket
online by visiting Dockets Operations

[[Page 16063]]

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 the Federal Motor Carrier Safety Regulations (FMCSRs)
to regulated entities. 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.
FMCSA reviews the safety analyses and the public comments and
determines whether granting the exemption would likely achieve a level
of safety equivalent to, or greater than, the level that would be
achieved absent such exemption, pursuant to the standard in 49 U.S.C.
31315(b)(1). The Agency must publish the 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 and the
effective period and will explain 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. Background

A. 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, 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

Coffeyville 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.
Coffeyville's application followed the Agency's October 7, 2022,
denial of Intellistop's application for an industry-wide exemption to
allow all interstate motor carriers to operate CMVs equipped with the
Intellistop module. 87 FR 61133. 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).
Coffeyville 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, Coffeyville cited the similar exemption
granted to Gemini Motor Transport (89 FR 40529) which relied on several
reports of research conducted by NHTSA 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, Coffeyville
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 Coffeyville application in the
Federal Register on November 21, 2024, and asked for public comments
(89 FR 92274). The Agency received 19 comments from organizations and
individuals, including Intellistop, Inc.; National Tank Truck Carriers,
Inc. (NTTC); Motor Vehicle Lighting Manufacturers Safety Institute
(MVLMSI); American Trucking Associations (ATA); and 15 other
commenters. All nineteen commenters favored the exemption application,
with none expressing concerns.
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. Many State driver training schools
recommend tapping brakes when a CMV is slowing or stopping to warn
other drivers. 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.
The MVLMSI supported the potential of motor vehicle safety advances
with the technology offered by Intellistop modules. The benefit of the
flashing brake lights is to draw attention to the vehicle slowing down,
and the MVLMSI sites current NHTSA allowable use cases for flashing red
lamps include flashing warning lamps under FMVSS 49 CFR 571.108, Table
I-a--Required Lamps and Reflective Devices, and school bus flashing
lamps under S7.11 School bus signal lamps.
The ATA believes that granting this exemption can provide valuable
real-world experience and data for a safety technology with the
potential to reduce crashes. It also can inform future design
considerations, best practices, and regulatory actions related to
lighting

[[Page 16064]]

technologies, rear signaling, and commercial vehicle conspicuity.
The NTTC stated that the Intellistop module does not have an
adverse impact on safety, and adherence to the terms and conditions of
the exemption as requested would likely achieve a level of safety
equivalent to or greater than the level of safety achieved without the
exemption. The NTTC was granted an exemption on October 8, 2020,
(FMCSA-2019-0260) to install amber brake-activated pulsating lamp
similar to the Intellistop module. Based on the NTTC's own experience,
it supports all reasonable rear pulsating light exemption requests
designed to reduce rearend crashes to tank trailers.
Fifteen additional individual comments supported 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, (2) increased visibility in severe weather conditions, and
(3) grabbing the attention of distracted drivers. 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. Equivalent Level of Safety Analysis

Coffeyville requested that FMCSA 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 Coffeyville 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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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, Coffeyville's application requests an
exemption from the steady-burning brake lamp

[[Page 16065]]

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.
Coffeyville's application demonstrates why this is particularly true,
since the vehicles operated by Coffeyville 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.
Coffeyville currently operates a nationwide fleet of approximately 185
CMVs. 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 Coffeyville's fleet will allow for a comparison
between the crash involvement of Coffeyville 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.
Coffeyville maintains two fleets of vehicles, a Clean Products
division (approximately 80 combination units) that primarily operates
on highways and a Crude Products division (approximately 100
combination units). Coffeyville reports that it intends to install the
devices on only the Clean Products division vehicles, and expects that
by running the two fleets, a good comparison of effectiveness may be
made. FMCSA disagrees with Coffeyville that the Crude Products division
would make a good control for comparison to the Clean Products
division. As Coffeyville notes in its application, the use cases of the
two fleets are different, with the Crude Fleet operating under
differing road conditions (``bumpy roads and debris''). Coffeyville
cites in its application concerns about maintenance under these rough
road conditions and FMCSA shares these concerns. Rather, FMCSA believes
it sufficient to limit installations to the Clean Products division in
a similar manner to other exempted carriers using the Intellistop
module. FMCSA is therefore limiting Coffeyville's exemption to only the
Clean Products division vehicles.
FMCSA acknowledges that, until recently, all pulsating rear lamp
exemptions the Agency granted involved the addition of non-mandatory
auxiliary lights while the Intellistop module that Coffeyville seeks to
install alters the functionality of original equipment manufacturers'
lamps. Nonetheless, those previous exemptions are instructive. Most
notably, the Groendyke exemption involved auxiliary lamps rather than
required lighting, but, like the Intellistop module, the modulation of
the auxiliary lamps occurs during braking. More importantly, the
Groendyke exemption also involved a technology installed on a number of
the carrier's CMVs, which allowed the Agency to monitor its compliance
more realistically 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 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 Coffeyville 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 Coffeyville 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. The Agency carefully considered
Coffeyville's existing on-road safety performance record prior to
granting this exemption. Coffeyville's out-of-service (OOS) rate is
below the national average, with a vehicle OOS rate of only 1.3 percent
(national average--21.4 percent), a driver OOS rate of 0.6 percent
(national average--6 percent), and hazardous material OOS rate of 0
percent (national average--4.5 percent). Coffeyville 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

[[Page 16066]]

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 limited and known population 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.

VI. Exemption Decision

a. Grant of Exemption

FMCSA has evaluated Coffeyville's exemption application and the
comments received. The Agency believes that granting a temporary
exemption to section 393.25(e), and temporary limited exemptions to the
requirements of 49 CFR 393.11(a) and 393.25(c) to allow Coffeyville to
operate a 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 vehicles in Coffeyville's Clean
Products division 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 sections 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 (comprised of
Coffeyville vehicles that are not equipped with the Intellistop unit
but are operating on similar routes with similar schedules, etc., as
further described in the Terms and Conditions).
The Agency has evaluated the application and hereby grants the
exemption for a 5-year period, beginning April 16, 2025 and ending
April 16, 2030. During the temporary exemption period, Coffeyville
(Applicant) may operate CMVs, in its Clean Products division 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.
This exemption applies only to CMVs owned and operated by the
Applicant. THE PRODUCT MUST BE INSTALLED ONLY BY THE OWNER OF THE
VEHICLE. 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 in the Clean Products
division fleet during the first year of operation under the exemption,
or on more than 50% of its power units, and 50% of its trailers in the
Clean Products division fleet during the second year. The Applicant
must 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 the
group of power units and trailers equipped with the Intellistop unit
during the first year of the exemption. And the CMVs in the control
group must operate on routes with schedules that are similar to those
of the Intellistop-equipped vehicles.
Installed modules may be used only 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 Agency via email at
<a href="/cdn-cgi/l/email-protection#327f7162616472565d461c555d44">[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 troubleshooting, 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 work shift, drivers must
note any problems observed by or reported to them 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 must 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 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 must be made by sending an email to FMCSA at
<a href="/cdn-cgi/l/email-protection#773a342724213713180359101801">[email&#160;protected]</a>.

[[Page 16067]]

(iv) Recurring Reporting Requirements
During the exemption period, the Applicant must provide quarterly
submissions to FMCSA of the data described below. The Applicant's first
quarterly submission is due on July 16, 2025, and thereafter will be
due every 3 months, on the first business day of the month. The first
quarterly submission must include the required data beginning 60 days
prior to the date of module installation. All quarterly submissions
must include data through at least the 14th day (inclusive) of the
month immediately preceding the submission. Unless otherwise agreed to
by FMCSA, quarterly submissions must be sent via email to FMCSA at
<a href="/cdn-cgi/l/email-protection#9ed3ddcecdc8defaf1eab0f9f1e8">[email&#160;protected]</a>. If the Applicant does not have one or more categories of
information described below, it must, 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 must
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;
5. The Intellistop module type and/or subtype(s) involved in the
crash or incident; and
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 shall 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 is 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 the 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 Coffeyville'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.

VII. 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 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,
Chief Safety Officer/Assistant Administrator.
[FR Doc. 2025-06409 Filed 4-15-25; 8:45 am]
BILLING CODE 4910-EX-P

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