Notice2025-16252
Parts and Accessories Necessary for Safe Operation; Exemption Renewal for National Tank Truck Carriers, Inc.
Primary source
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Published
August 25, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on the application from National Tank Truck Carriers, Inc. (NTTC) for a renewal of its exemption allowing motor carriers operating tank trailers to install a red or amber brake- activated pulsating lamp positioned in the upper center position or in an upper dual outboard position on the rear of the trailers, in addition to the steady-burning brake lamps required by the Federal Motor Carrier Safety Regulations (FMCSRs). NTTC currently holds an exemption for the period October 8, 2020, through October 8, 2025, and requests a five-year renewal of the exemption. FMCSA requests public comment on NTTC's request to renew the exemption.
Full Text
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<title>Federal Register, Volume 90 Issue 162 (Monday, August 25, 2025)</title>
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[Federal Register Volume 90, Number 162 (Monday, August 25, 2025)]
[Notices]
[Pages 41473-41475]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16252]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0260]
Parts and Accessories Necessary for Safe Operation; Exemption
Renewal for National Tank Truck Carriers, Inc.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for renewal of exemption; request for
comments.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
requests public comment on the application from National Tank Truck
Carriers, Inc. (NTTC) for a renewal of its exemption allowing motor
carriers operating tank trailers to install a red or amber brake-
activated pulsating lamp positioned in the upper center position or in
an upper dual outboard position on the rear of the trailers, in
addition to the steady-burning brake lamps required by the Federal
Motor Carrier Safety Regulations (FMCSRs). NTTC currently holds an
exemption for the period October 8, 2020, through October 8, 2025, and
requests a five-year renewal
[[Page 41474]]
of the exemption. FMCSA requests public comment on NTTC's request to
renew the exemption.
DATES: Comments must be received on or before September 24, 2025.
ADDRESSES: You may submit comments identified by docket number FMCSA-
2019-0260 using any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov/docket/FMCSA-2019-0260/document">https://www.regulations.gov/docket/FMCSA-2019-0260/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) 961-1373; <a href="/cdn-cgi/l/email-protection#a8e5ebf8fbfee8ccc7dc86cfc7de"><span class="__cf_email__" data-cfemail="014c4251525741656e752f666e77">[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-2019-0260), 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-2019-0260/document">https://www.regulations.gov/docket/FMCSA-2019-0260/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#d9bbabb0b8b7f7bef7bdb8b1b5b0b799bdb6adf7beb6af"><span class="__cf_email__" data-cfemail="c9abbba0a8a7e7aee7ada8a1a5a0a789ada6bde7aea6bf">[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-2019-0260/document">https://www.regulations.gov/docket/FMCSA-2019-0260/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 49 U.S.C. 31315(b)(6), 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 (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) 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 the application, 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 absent such exemption, pursuant to the
standard set forth 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 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
[[Page 41475]]
commercial motor vehicles (CMV) transporting oversized loads, and
warning lamps on emergency and service vehicles authorized by State or
local authorities.
Application for Renewal of Exemption
On October 8, 2020, FMCSA published a notice of final disposition
granting NTTC's application for a 5-year exemption to allow motor
carriers operating tank trailers to install a red or amber brake-
activated pulsating lamp in the upper center position or in an upper
dual outboard position on the rear of the trailers, in addition to the
steady-burning brake lamps required by the FMCSRs (85 FR 63643). FMCSA
determined that granting the exemption was likely to achieve a level of
safety that was equivalent to or greater than that provided under
existing regulations.
In its renewal application, NTTC reiterates its position that the
use of a red or amber brake-activated pulsating lamp, positioned in
either the upper center or upper dual outboard rear positions on tank
trailers, enhances rear visibility and contributes to overall safety by
reducing the likelihood of rear-end collisions. Since FMCSA granted the
original exemption, NTTC and its member carriers have continued to
implement the technology and track its impact. Notably, Groendyke, an
NTTC member, expanded installation of the pulsating brake lamps across
its fleet from 38% in 2018 to 93% by 2023. During this time, Groendyke
reported a significant reduction in rear-end accidents when vehicles
were slowing or stopped--from 19 collisions in 2018 to just 4 in 2023--
representing a 79% decrease. Groendyke attributes this safety
improvement to the enhanced visibility provided by the auxiliary lamps.
NTTC cites additional support for the exemption based on the
experience of Trimac Transportation, another NTTC member and one of the
largest tank truck carriers in North America by miles traveled. As of
2024, Trimac reported equipping 863 of its cargo tanks with pulsating
brake lamps. NTTC states that since implementing this technology,
Trimac has experienced roughly a 20% reduction in rear-end collisions.
NTTC states that these experiences suggest Groendyke and Trimac are not
outliers but instead reflect broader industry-wide safety benefits
associated with the use of this technology.
To further assess industry adoption, NTTC conducted an informal
2024 questionnaire and found that at least 34 motor carriers are
currently using the exemption, representing a diverse cross-section of
geographic regions, cargo types, and operational scales. These carriers
reported bulk commodity transport ranging from 1.2 million to 510
million miles driven in 2024.
NTTC emphasizes that failure to renew the exemption would impose
substantial financial and operational burdens on carriers who have
adopted the technology in good faith. Trailers would need to be pulled
from service to remove the lamps, labor costs would be incurred, and
the lamps themselves--many still operational--would become unusable.
More importantly, NTTC believes that denying the renewal would
undermine the safety gains achieved in recent years, increasing the
risk of rear-end collisions for both CMV drivers and the motoring
public.
While exact numbers of drivers and trailers affected are difficult
to estimate due to industry practices like slip seating--where multiple
drivers share the same vehicle on different shifts--and non-fixed
tractor-trailer pairings, NTTC references a 2025 analysis that
identified 172,768 tractors in service in 2024, providing a general
sense of industry scope.
A copy of NTTC's request to renew the exemption is available in the
docket.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on NTTC'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. 2025-16252 Filed 8-22-25; 8:45 am]
BILLING CODE 4910-EX-P
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