Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Grote Industries, LLC

Issuing agencies

Abstract

This notice advises the public of new information that FMCSA believes is relevant to the application from Grote Industries, LLC (Grote) for an exemption from the requirement that exterior lighting devices on commercial motor vehicles (CMVs) be steady-burning. If granted, the exemption would allow motor carriers to operate CMVs equipped with auxiliary warning lamps controlled by Grote's Rear-End Collision Warning (RCW) system. Following publication of the Agency's notice seeking comment, Grote provided additional information to FMCSA staff concerning the design and operation of the RCW system, including the color and activation sequence of the auxiliary warning lamps, the interaction between the RCW and brake-activated warning functions, system operation on combination vehicles, and the operation of the radar detection system. FMCSA is making this supplemental information available in the docket and provides an opportunity for public comment.

Full Text

<html>
<head>
<title>Federal Register, Volume 91 Issue 201 (Tuesday, October 20, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 201 (Tuesday, October 20, 2026)]
[Notices]
[Pages 66385-66387]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21390]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2026-0100]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Grote Industries, LLC

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice of availability of supplemental information; request for 
comments.

-----------------------------------------------------------------------

SUMMARY: This notice advises the public of new information that FMCSA 
believes is relevant to the application from Grote Industries, LLC 
(Grote) for an exemption from the requirement that exterior lighting 
devices on commercial motor vehicles (CMVs) be steady-burning. If 
granted, the exemption would allow motor carriers to operate CMVs 
equipped with auxiliary warning lamps controlled by Grote's Rear-End 
Collision Warning (RCW) system. Following publication of the Agency's 
notice seeking comment, Grote provided additional information to FMCSA 
staff concerning the design and operation of the RCW system, including 
the color and activation sequence of the auxiliary warning lamps, the 
interaction between the RCW and brake-activated warning functions, 
system operation on combination vehicles, and the operation of the 
radar detection system. FMCSA is making this supplemental information 
available in the docket and provides an opportunity for public comment.

DATES: Comments must be received on or before November 19, 2026.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2026-0100 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.
    <bullet> Each submission must include the Agency name and the 
docket number (FMCSA-2026-0100) 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. David Sutula, Chief, Vehicle and 
Roadside Operations Division, Office of Carrier, Driver, and Vehicle 
Safety, FMCSA; <a href="/cdn-cgi/l/email-protection#68252b383b3e280c071c460f071e"><span class="__cf_email__" data-cfemail="e4a9a7b4b7b2a4808b90ca838b92">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages interested persons to participate in this 
proceeding by submitting comments and related materials regarding 
Grote's supplemental information discussed in this notice.

A. Submitting Comments

    If you submit a comment, please include the docket number for this

[[Page 66386]]

notice (FMCSA-2026-0100), indicate the specific section of this 
document to which the comment applies, and provide a reason for your 
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-2026-0100/document">https://www.regulations.gov/docket/FMCSA-2026-0100/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#bedcccd7dfd090d990dadfd6d2d7d0fedad1ca90d9d1c8"><span class="__cf_email__" data-cfemail="f597879c949bdb92db91949d999c9bb5919a81db929a83">[email&#160;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-2026-0100 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 Dockets 
Operations in the DOT West Building, 1200 New Jersey Avenue SE, W58-
213, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

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 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(s) from which the 
exempted party 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

    On December 10, 2025, Grote submitted an application for a five-
year exemption from 49 CFR 393.25(e), which generally requires exterior 
lamps on CMVs to be steady-burning. Grote requested the exemption on 
behalf of motor carriers seeking to use auxiliary warning lamps in 
conjunction with Grote's RCW system. Grote's application described one 
or more auxiliary lamps positioned on the rear or sides of a CMV or 
trailer. The application described a rear-facing radar system that 
calculates the time-to-collision (TTC) of vehicles approaching from 
behind and also contemplated use of the system on the side of a CMV for 
side-impact protection during parking maneuvers.
    In its application, Grote stated that the RCW signal circuit would 
activate when TTC was less than or equal to a threshold corresponding 
to a substantial risk of an impending collision, typically between 2.1 
and 4.0 seconds. Grote proposed two possible auxiliary-lamp operating 
sequences. Under one sequence, red lamps would flash between four and 
sixteen times during a four-second period and then burn steady red 
while the RCW signal remained active. Under the alternative sequence, 
amber lamps would operate as SAE J595 Class 3 or Class 2 strobe lamps 
for up to four seconds and then burn steady red while the RCW signal 
remained active. Grote further stated that the auxiliary lamps could 
also be used in combination with brake and marker signal circuits.
    On February 9, 2026, FMCSA published a notice of Grote's 
application and requested public comment (91 FR 5798). The notice 
described the RCW system as activating the auxiliary lamps when a TTC 
threshold was reached and stated that, following the initial flashing 
or strobing sequence, the lamps would burn steady red while the 
collision risk persisted.
    On March 4, 2026, FMCSA extended the comment period by 60 days, 
through May 10, 2026, after the Commercial Vehicle Safety Alliance 
requested additional time to review the application (91 FR 10674).
    During the comment period, interested parties raised questions and 
concerns regarding, among other issues, the relationship between the 
proposed RCW system and forward collision warning technology, the 
meaning conveyed to following motorists by the auxiliary warning lamps, 
and the proposed transition from flashing or strobing warning lamps to 
a steady-burning red indication. CVSA expressed concern that following 
motorists could interpret steady-burning red lamps as an indication 
that the CMV was braking and recommended that the RCW system not 
transition from flashing amber to steady-burning red for a warning 
condition unrelated to brake application.

IV. Supplemental Information Provided by Grote

    Following the close of the comment period, FMCSA staff sought 
clarification from Grote regarding the design and operation of the RCW 
system. FMCSA's questions addressed the operation and sequencing of the 
auxiliary warning

[[Page 66387]]

lamps, the relationship between the RCW function and Grote's auxiliary 
brake-warning function, the priority between those functions when both 
are activated, installation on various CMV types and combinations, and 
operation of the radar detection system.
    Grote subsequently provided the following supplemental information:

A. RCW Warning-Lamp Operation and Color

    Grote clarified that when operating as part of the RCW system, the 
auxiliary warning lamps pulse in amber for up to four seconds with each 
activation of the RCW signal circuit and do not transition to a steady-
burning red indication. Grote explained that the transition from amber 
pulsation to steady-burning red is associated with the brake-activated 
auxiliary pulsating lamp function, not the RCW warning function.
    This supplemental information differs from the description in the 
original application and February 9, 2026, notice, which stated that 
after the initial flashing or strobing RCW warning sequence, the 
auxiliary lamps would transition to steady-burning red while the RCW 
signal remained active.

B. Functional Priority and Interaction With Auxiliary Brake-Activated 
Warning Lamps

    Grote explained that the RCW system uses the same auxiliary lamps 
used by its brake-activated auxiliary pulsating lamp system.
    When an RCW event and a braking event occur at the same time, Grote 
stated that the brake-activated function takes precedence over the RCW 
function. Thus, when the service brakes are applied during an RCW 
event, the auxiliary lamps would transition from the RCW warning 
sequence to the applicable brake-activated warning sequence. Any 
steady-burning red indication would therefore be associated with brake 
application rather than with the RCW warning function.
    The original application stated generally that the RCW auxiliary 
lamps could be used in combination with brake and marker signal 
circuits but did not describe the operational priority between those 
functions. Grote's supplemental explanation provides additional 
information concerning that hierarchy.

C. Radar Detection and Activation

    Grote stated that the RCW system uses a self-contained, rear-facing 
radar system capable of detecting approaching vehicles at distances of 
approximately 200 meters. The system continuously evaluates the 
relative motion of an approaching vehicle and calculates TTC. When the 
calculated TTC reaches the programmed activation threshold, the RCW 
system automatically activates the auxiliary amber warning lamps.
    Grote further stated that the RCW system does not require the CMV 
driver to activate or otherwise interact with the system and that 
operation of the RCW radar would not interfere with other radar-based 
vehicle detection systems.

D. Scope and Combination Vehicles

    Grote clarified that it intends the requested exemption to apply to 
all CMVs. For combination vehicles consisting of more than one trailing 
unit, including doubles and triples, Grote stated that the RCW system 
would be installed and operated on the rear-most unit of the 
combination.

E. Supplemental Materials

    FMCSA has placed in the docket a memorandum summarizing the meeting 
between FMCSA staff and Grote during which Grote provided the 
operational clarifications described above. The memorandum also 
includes a chart provided by Grote illustrating the operation of the 
RCW system and its interaction with the brake-activated auxiliary lamp 
function.
    The memorandum to the docket is titled ``Ex Parte Communication 
with Grote Industries, LLC Regarding Rear-End Collision Warning Lamp 
System.''

V. Reopening of Comment Period and Request for Comments

    FMCSA believes interested persons should have an opportunity to 
review and comment on this new information before the Agency makes a 
decision on Grote's exemption request. Comments submitted in response 
to this notice must be limited to addressing any relevant information 
summarized in this notice and in the Memorandum to the Docket 
identified above. Comments addressing other matters will not be 
considered by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2026-21390 Filed 10-19-26; 8:45 am]
BILLING CODE 4910-EX-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>