Notice2025-06550
Parts and Accessories Necessary for Safe Operation; Application for Exemption From Yarde Metals, Inc. (USDOT #299202)
Primary source
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Published
April 17, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA requests public comment on an application from Yarde Metals, Inc. (Yarde Metals, USDOT No. 299202) for an exemption from the requirement that all exterior lighting devices be steady burning. The exemption would allow Yarde Metals to use an amber brake-activated pulsating lamp on its commercial motor vehicles (CMVs) in addition to the steady-burning brake lamps required by the Federal Motor Carrier Safety Regulations (FMCSRs).
Full Text
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<title>Federal Register, Volume 90 Issue 73 (Thursday, April 17, 2025)</title>
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[Federal Register Volume 90, Number 73 (Thursday, April 17, 2025)]
[Notices]
[Pages 16422-16423]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06550]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2025-0085]
Parts and Accessories Necessary for Safe Operation; Application
for Exemption From Yarde Metals, Inc. (USDOT #299202)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA requests public comment on an application from Yarde
Metals, Inc. (Yarde Metals, USDOT No. 299202) for an exemption from the
requirement that all exterior lighting devices be steady burning. The
exemption would allow Yarde Metals to use an amber brake-activated
pulsating lamp on its commercial motor vehicles (CMVs) in addition to
the steady-burning brake lamps required by the Federal Motor Carrier
Safety Regulations (FMCSRs).
DATES: Comments must be received on or before May 19, 2025.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2025-0085 by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. See the
Public Participation and Request for Comments section below for further
information.
<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: 1200 New Jersey Avenue SE, West
Building, Ground Floor, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
<bullet> Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2025-0085) 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: To view any documents mentioned as being available in the
docket, go to <a href="https://www.regulations.gov/docket/FMCSA-2025-0085/document">https://www.regulations.gov/docket/FMCSA-2025-0085/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.,
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.
Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption 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 FDMS (Federal Docket Management System (FDMS)), which
can be reviewed 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.
FOR FURTHER INFORMATION CONTACT: Mr. David Sutula, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety,
FMCSA; (202) 366-9209; <a href="/cdn-cgi/l/email-protection#e4a9a7b4b7b2a4808b90ca838b92"><span class="__cf_email__" data-cfemail="54191704070214303b207a333b22">[email protected]</span></a>. If you have questions on viewing
or submitting material to the docket, contact Dockets Operations at
(202) 366-9826.
SUPPLEMENTARY INFORMATION:
[[Page 16423]]
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2025-0085), 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-2025-0085/document">https://www.regulations.gov/docket/FMCSA-2025-0085/document</a>, click on this notice, click
``Comment,'' and type your comment into the text box on the following
screen.
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.
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 <a href="/cdn-cgi/l/email-protection#4e2c3c272f206029602a2f262227200e2a213a60292138"><span class="__cf_email__" data-cfemail="d6b4a4bfb7b8f8b1f8b2b7bebabfb896b2b9a2f8b1b9a0">[email protected]</span></a>, 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#1d7f6f747c73337a33797c757174735d797269337a726b"><span class="__cf_email__" data-cfemail="c3a1b1aaa2adeda4eda7a2abafaaad83a7acb7eda4acb5">[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.
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. 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 maintain 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 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 Request
Yarde Metals seeks an indefinite exemption from the requirement in
49 CFR 393.25(e) that all exterior lamps (both required lamps and any
additional lamps) be steady burning, except for turn signal lamps,
hazard warning signal lamps, school bus warning lamps, amber warning
lamps or flashing warning lamps on tow trucks and CMVs transporting
oversized loads, and warning lamps on emergency and service vehicles
authorized by State or local authorities.
Yarde Metals asserts that the use of Amber Brake-Activated
Pulsating Lamps (``Pulsating Lamps'') on its fleet of CMVs, in addition
to the steady-burning brake lamps required under 49 CFR 393.25(e),
increases the visibility of CMVs to rear-approaching drivers, thereby
reducing the likelihood and risk of rear-end accidents. The Pulsating
Lamp is positioned on the rear center outside frame rail of the CMV and
activates when the driver presses the brake pedal. Yarde Metals submits
that the use of Pulsating Lamps would increase its operational safety
levels, citing research by the National Highway Traffic Safety
Administration (NHTSA) and the National Safety Council (NSC).
Yarde Metals states that Section 5222 of the Fixing America's
Surface Transportation Act directed FMCSA to adopt a ``Beyond
Compliance'' program to provide special recognition and safety benefits
for motor carriers that install advanced safety equipment or adopt
fleet safety management tools, technologies, and programs that are
geared toward operational safety. In the spirit of the Beyond
Compliance program, Yarde Metals is seeking to install the lamps as
advanced safety features in addition to those that are already required
by the existing rule at 49 CFR 393.25(e).
A copy of the Yarde Metals application, as well as the NHTSA and
NSC materials attached to the application, are included in the docket
referenced at the beginning of this notice.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on Yarde Metals application for an
exemption from 49 CFR 393.25(e) to allow the company to operate CMVs
equipped with an Amber Brake-Activated Pulsating Lamp, in addition to
the required steady-burning brake lamps.
All comments received before the close of business on the comment
closing date 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 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. 2025-06550 Filed 4-16-25; 8:45 am]
BILLING CODE 4910-EX-P
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