Notice2026-08251
Parts and Accessories Necessary for Safe Operation; Intellistop, Inc.; Application for Exemption
Primary source
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Published
April 28, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA requests public comment on Intellistop, Inc.'s (Intellistop) application for a 5-year exemption to allow motor carriers to operate commercial motor vehicles (CMVs) equipped with Intellistop's lamp module. The Intellistop module pulses the required rear clearance, identification, and brake lamps from a lower-level lighting intensity to a higher-level intensity 4 times in 2 seconds when the brakes are applied, and then returns the lights to a steady- burning state while the brakes remain engaged. FMCSA is required by statute to publish a notice explaining each exemption request and such notice does not indicate what decision FMCSA will ultimately reach on the request. After reviewing the application, safety analyses, and public comments submitted, FMCSA will grant or deny the exemption.
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 22906-22907]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08251]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2026-1156]
Parts and Accessories Necessary for Safe Operation; Intellistop,
Inc.; Application for Exemption
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 Intellistop, Inc.'s
(Intellistop) application for a 5-year exemption to allow motor
carriers to operate commercial motor vehicles (CMVs) equipped with
Intellistop's lamp module. The Intellistop module pulses the required
rear clearance, identification, and brake lamps from a lower-level
lighting intensity to a higher-level intensity 4 times in 2 seconds
when the brakes are applied, and then returns the lights to a steady-
burning state while the brakes remain engaged. FMCSA is required by
statute to publish a notice explaining each exemption request and such
notice does not indicate what decision FMCSA will ultimately reach on
the request. After reviewing the application, safety analyses, and
public comments submitted, FMCSA will grant or deny the exemption.
DATES: Comments must be received on or before May 28, 2026.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2026-1156 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, W58-213, West Building,
Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: 1200 New Jersey Avenue SE, W58-
213, West Building, 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-2026-1156) 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.
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. Jose Cestero, FMCSA Vehicle and
Roadside Operations Division, Office of Carrier, Driver, and Vehicle
Safety; (202) 366-5541 or <a href="/cdn-cgi/l/email-protection#7e333d2e2d283e1a110a50191108"><span class="__cf_email__" data-cfemail="a0ede3f0f3f6e0c4cfd48ec7cfd6">[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:
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-2026-1156), indicate the specific section of this
document to which your comment applies, and provide a reason for each
suggestion or recommendation. 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-2026-1156/document">https://www.regulations.gov/docket/FMCSA-2026-1156/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, 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#294b5b404847074e074d4841454047694d465d074e465f"><span class="__cf_email__" data-cfemail="5634243f373878317832373e3a3f381632392278313920">[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 comments, as well as any documents mentioned in this
preamble as being available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, insert FMCSA-2026-1156 in the keyword box, select
the document tab 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 by visiting Docket
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 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
[[Page 22907]]
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 without the exemption, pursuant to the
standard set forth in 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)).
Intellistop describes its submission as a ``Petition for
Reconsideration of the Federal Motor Carrier Safety Administration's
October 7, 2022 denial of Intellistop's application for an exemption
from the steady-burning stop lamp requirement set forth at 49 C.F.R
[section] 393.25(e).''
Pursuant to 49 CFR 381.317, a party may resubmit an application for
exemption providing more or different information if the original
application is denied. In contrast, petitions for reconsideration under
49 CFR 389.35(a) apply to ``rules,'' not to exemption applications, and
in any case must be filed within 30 days after publication of a
``rule.'' FMCSA therefore interprets Intellistop's application as a
renewed exemption request, which is allowed under 49 U.S.C.
31315(b)(3), especially when--as here--the applicant has specifically
addressed reasons for the denial.
II. Applicant's Request
Current Regulatory Requirements
Section 393.25(e) of the FMCSRs requires that all exterior lamps 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.
Applicant's Request
Intellistop has applied for a 5-year exemption from 49 CFR
393.25(e) to allow motor carriers to operate CMVs equipped with
Intellistop's lamp 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 to 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. Intellistop requests that the exemption
be granted to all motor carriers subject to FMCSA's jurisdiction.
Applicant's Equivalent Level of Safety
Intellistop states that while its system modulates the photometric
intensity of the required red stop lamps, it preserves the standardized
signal characteristics required by FMVSS No. 108, including signal
color, lamp location, and activation trigger. Intellistop asserts that
because these characteristics remain unchanged, the regulatory meaning
of the braking signal is preserved while enhancing its visibility and
detectability to following drivers. Accordingly, Intellistop concludes
that its technology enhances braking conspicuity without impairing the
effectiveness or recognized meaning of required stop lamps.
Intellistop notes that FMCSA has granted exemptions to eight motor
carriers to allow them to operate CMVs equipped with Intellistop's
module. These motor carriers are: Gemini Motor Transport LP, Meiborg
Brothers, Inc., JM Bozeman Enterprises, Inc., DJS Fundraising, Inc.,
Brent Higgins Trucking, Inc., Encore Flooring & Building Products,
Coffeyville Resources Crude Transportation and Casey's Services
Company.\1\ Intellistop also cites other exemptions that FMCSA has
granted, including to Groendyke Transport, Inc.,\2\ and to Grote
Industries, LLC,\3\ for the use of auxiliary brake-activated pulsating
lamps, consistent with the results of NHTSA's Enhanced Rear Lighting
and Signaling Systems research program.
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\1\ 89 FR 40529 (May 10, 2024); 89 FR 54151 (June 28, 2024); 89
FR 54136 (June 28, 2024); 89 FR 54131 (June 28, 2024); 89 FR 54125
(June 28, 2024); 89 FR 77575 (September 23, 2024); 90 FR 16062
(April 16, 2025); 90 FR 16067 (April 16, 2025).
\2\ 84 FR 17910 (April 26, 2019); 89 FR 54147 (June 28, 2024);
89 FR 91872 (Nov. 20, 2024).
\3\ 85 FR 78918 (Dec. 7, 2020); 90 FR 51430 (Nov. 17, 2025).
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V. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on Intellistop's application for a
5-year exemption from 49 CFR 393.25(e). 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.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2026-08251 Filed 4-27-26; 8:45 am]
BILLING CODE 4910-EX-P
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