Notice2026-08232
Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Yarde Metals, Inc., USDOT No. 299202
Primary source
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Published
April 28, 2026
Effective
April 28, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to grant Yarde Metals, Inc.'s (Yarde Metals, USDOT No. 299202) application for a limited 5-year exemption to allow the use of an amber, brake-activated, pulsating auxiliary lamp positioned in the rear center outside frame rail of each of its commercial motor vehicles (CMVs) in addition to the steady- burning brake lamps required by the Federal Motor Carrier Safety Regulations (FMCSRs). The Agency has determined that granting the exemption would likely achieve a level of safety equivalent to or greater than the level of safety provided by the regulation.
Full Text
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<title>Federal Register, Volume 91 Issue 81 (Tuesday, April 28, 2026)</title>
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[Federal Register Volume 91, Number 81 (Tuesday, April 28, 2026)]
[Notices]
[Pages 22909-22910]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08232]
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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 an Exemption From Yarde Metals, Inc., USDOT No. 299202
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; grant of application for
exemption.
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SUMMARY: FMCSA announces its decision to grant Yarde Metals, Inc.'s
(Yarde Metals, USDOT No. 299202) application for a limited 5-year
exemption to allow the use of an amber, brake-activated, pulsating
auxiliary lamp positioned in the rear center outside frame rail of each
of its commercial motor vehicles (CMVs) in addition to the steady-
burning brake lamps required by the Federal Motor Carrier Safety
Regulations (FMCSRs). The Agency has determined that granting the
exemption would likely achieve a level of safety equivalent to or
greater than the level of safety provided by the regulation.
DATES: The exemption is effective April 28, 2026 and expires April 28,
2031.
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) 366-2551; <a href="/cdn-cgi/l/email-protection#b6fbf5e6e5e0f6d2d9c298d1d9c0"><span class="__cf_email__" data-cfemail="b9f4fae9eaeff9ddd6cd97ded6cf">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Public Participation
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-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 ``Document Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
in Room W58-213 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.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from the 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 applications, 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. Background
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
CMVs transporting oversized loads; and warning lamps on emergency and
service vehicles authorized by State or local authorities.
Applicant's Request
The application from Yarde Metals was described in detail in a
Federal Register notice published on April 16, 2025 (90 FR 16422) and
will not be repeated as the facts have not changed.
IV. Public Comments
The Agency received one comment from AWM Associates, LLC (AWM), and
one comment from an anonymous individual. Both comments opposed the
exemption request.
The anonymous individual stated that the ``legal regulatory
requirements are not in place under this application and the company
has no authority to issue this type of request.''
AWM asserted that ``any exemption is a bad idea.'' AWM noted that
the brake-activated pulsating lamps described in the application are
not required under 49 CFR 393.11 and therefore fall outside the scope
of the FMCSRs and the National Highway Traffic Safety Administration's
(NHTSA) Federal Motor Vehicle Safety Standards (FMVSS). AWM compared
the lamp to other non-required lighting, such as ``chicken lights''
used along vehicle sides, which are generally only subject to State
regulations regarding color. AWM further stated that, if such lights
are installed professionally and do not interfere with a vehicle's
electrical system, they are simply considered supplemental. AWM
concluded that because the amber brake-activated pulsating lamp is in
addition to--rather than a replacement for--the two required rear brake
lights, the application should be denied, as it seeks an exemption for
a feature that is not required under 49 CFR 393.11.
V. FMCSA Decision
FMCSA has evaluated Yarde Metals' exemption application materials
along with the comments received. The Agency has determined that
granting a temporary exemption to allow Yarde Metals to operate CMVs
equipped with an amber brake-activated pulsating lamp--positioned on
the rear center outside frame rail of each CMV--in addition to the
steady-burning brake lamps required by the FMCSRs, would likely achieve
a level of safety equivalent to or greater than the level of safety
achieved without the exemption.
Rear-end crashes generally account for approximately 30 percent of
all crashes. 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.<SUP>1 2</SUP>
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\1\ 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).
\2\ 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).
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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 the ability of flashing lamps to draw visual
attention. However, 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 draw drivers' visual attention to the forward roadway.\3\ The
research demonstrated that people rated flashing all lights
simultaneously or alternately flashing as attention-getting, even at
levels of brightness within the current regulated limits.
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\3\ U.S. Department of Transportation, National Highway Traffic
Safety Administration (2009), Traffic Safety Facts--Vehicle Safety
Research Notes, Assessing the Attention-Gettingness of Brake
Signals: Evaluation of Optimized Candidate Enhanced Braking Signals,
Report No. DOT HS 811 129, Washington, DC (May 2009).
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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.\4\ 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 struck from the rear 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.
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\4\ U.S. Department of Transportation, National Highway Traffic
Safety Administration (2009), Evaluation of Enhanced Brake Lights
Using Surrogate Safety Metrics, Report No. DOT HS 811 127,
Washington, DC (April 2009).
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FMCSA acknowledges the concerns raised by the individual commenter
and AWM regarding the permissibility and necessity of granting an
exemption for the use of amber, brake-activated, pulsating auxiliary
lamps that are not explicitly required under 49 CFR 393.11. FMCSA notes
that while the lamp in question is not required under 49 CFR 393.11,
when it is activated by the service brake system, it is subject to the
steady-burning requirement under 49 CFR 393.25(e), which applies to
both required and additional exterior lamps. As such, an exemption is
appropriate when a motor carrier seeks to use a non-steady-burning lamp
that is otherwise regulated under this provision.
In conclusion, FMCSA is not aware of any evidence indicating that
the use of brake-activated pulsating lamps--when operated under
previously granted exemptions and in compliance with their conditions--
has compromised safety. Considering this body of evidence, FMCSA
concludes that the installation of an amber brake-activated pulsating
lamp on the rear center outside frame rail of each CMV operated by
Yarde Metals, in addition to the steady-burning brake lamps required by
regulation, is likely to provide a level of safety that is equivalent
to, or greater than, the level of safety achieved without the
exemption.
VI. Exemption
FMCSA grants the exemption for a period of 5 years subject to the
terms and conditions of this decision. The exemption is effective April
28, 2026, through April 28, 2031, 11:59 p.m. local time, unless
revoked.
A. Applicability of Exemption
During the exemption period, Yarde Metals may install an amber,
brake-activated, pulsating auxiliary lamp positioned in the rear center
outside frame rail of each CMV it operates in addition to the steady-
burning brake lamps required by the FMCSRs.
B. Terms and Conditions
1. Limitation of Exemption:
<bullet> This exemption applies exclusively to CMVs operated by
Yarde Metals, Inc. (USDOT No. 299202), and does not extend to any other
motor carrier.
2. Recurring Data Reporting Requirements:
<bullet> Yarde Metals must provide recurring yearly data
submissions to include information on rear-impact crashes and incidents
involving CMVs equipped with Yarde Metals' amber brake-activated
pulsating auxiliary lamps. The first submission is due April 28, 2027,
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#04494754575244606b702a636b72"><span class="__cf_email__" data-cfemail="e6aba5b6b5b0a6828992c8818990">[email protected]</span></a>.
<bullet> If Yarde Metals 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, Yarde Metals must
submit a report detailing crash rates; vehicle miles traveled; the
number and type of CMVs operating under the exemption; and 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> Yarde Metals must provide any available information
indicating malfunction of, or confusion caused by the use of, Yarde
Metals' amber brake-activated pulsating lamps.
<bullet> Yarde Metals must provide FMCSA with any updated point of
contact for information regarding this exemption.
4. Meetings:
<bullet> Yarde Metals must meet with FMCSA upon request to answer
questions regarding data and information provided under the exemption.
C. 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 with respect to a
firm or person operating under the exemption. States may, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.
VII. Termination
FMCSA does not believe the drivers covered by this exemption will
experience any deterioration of their safety record. However, the
exemption will be revoked if: (1) Yarde Metals, Yarde Metals' CMVs, or
the drivers operating under the exemption 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).
Derek Barrs,
Administrator.
[FR Doc. 2026-08232 Filed 4-27-26; 8:45 am]
BILLING CODE 4910-EX-P
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