Parts and Accessories Necessary for Safe Operation; Application for an Exemption From R.B. Stewart Petroleum Products, Inc., USDOT # 1290158

Issuing agencies

Abstract

FMCSA requests public comment on an application from R.B. Stewart Petroleum Products, Inc., USDOT No. 1290158, (R.B. Stewart) for an exemption from the requirement that lighting devices be steady burning. The exemption would allow the company to operate commercial motor vehicles (CMVs) equipped with a module manufactured by Intellistop, Inc. (Intellistop) which pulses the rear clearance, identification, and brake lamps from low-level lighting intensity to high-level lighting intensity 4 times in 2 seconds when the brakes are applied, and then return the lights to a steady-burning state while the brakes remain engaged. FMCSA requests public comment on the applicant's request for exemption.

Full Text

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<title>Federal Register, Volume 91 Issue 205 (Monday, October 26, 2026)</title>
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[Federal Register Volume 91, Number 205 (Monday, October 26, 2026)]
[Notices]
[Pages 67389-67390]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21812]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2026-3730]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From R.B. Stewart Petroleum Products, Inc., USDOT # 
1290158

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA requests public comment on an application from R.B. 
Stewart Petroleum Products, Inc., USDOT No. 1290158, (R.B. Stewart) for 
an exemption from the requirement that lighting devices be steady 
burning. The exemption would allow the company to operate commercial 
motor vehicles (CMVs) equipped with a module manufactured by 
Intellistop, Inc. (Intellistop) which pulses the rear clearance, 
identification, and brake lamps from low-level lighting intensity to 
high-level lighting intensity 4 times in 2 seconds when the brakes are 
applied, and then return the lights to a steady-burning state while the 
brakes remain engaged. FMCSA requests public comment on the applicant's 
request for exemption.

DATES: Comments must be received on or before November 25, 2026.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2026-3730 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-2026-3730) 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#460b051615100622293268212930"><span class="__cf_email__" data-cfemail="f4b9b7a4a7a2b4909b80da939b82">[email&#160;protected]</span></a>.

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-2026-3730), 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-2026-3730/document">https://www.regulations.gov/docket/FMCSA-2026-3730/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 Sarah Stella, Chief, Regulatory Development 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#d5a6b4a7b4bdfba6a1b0b9b9b495b1baa1fbb2baa3"><span class="__cf_email__" data-cfemail="e09381928188ce9394858c8c81a0848f94ce878f96">[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-2026-3730 in the keyword box,

[[Page 67390]]

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. Applicant's 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 
CMVs transporting oversized loads, and warning lamps on emergency and 
service vehicles authorized by State or local authorities.

Applicant's Request

    R.B. Stewart seeks a 5-year exemption from 49 CFR 393.25(e) to 
allow the use of the Intellistop electronic module on its CMVs. The 
module pulses the existing rear clearance, identification, and brake 
lamps from low to high lighting intensity 4 times in 2 seconds, after 
which the lamps return to steady-burning illumination for the remainder 
of the time the brakes are applied.
    R.B. Stewart asserts that the use of the Intellistop module would 
enhance the visibility of its CMVs and improve the ability of following 
drivers to recognize braking events. The applicant maintains that the 
module would provide an additional layer of protection against rear-end 
collisions, particularly for its cargo tank trailers, by providing 
earlier warning to following motorists and increasing their available 
reaction time.
    In support of its application, R.B. Stewart cites research 
conducted by the National Highway Traffic Safety Administration 
concerning enhanced rear lighting and signaling systems. The applicant 
asserts that pulsating brake lamps may increase vehicle visibility and 
reduce the frequency of rear-end crashes, thereby achieving a level of 
safety equivalent to, or greater than, the level that would be achieved 
without the requested exemption.
    On October 7, 2022, FMCSA denied Intellistop's application for an 
industry-wide exemption (87 FR 61133) to allow all motor carriers to 
operate CMVs equipped with Intellistop's module. FMCSA noted that the 
decision did not preclude individual motor carriers from seeking an 
exemption from 49 CFR 393.25(e) to purchase, install, and use 
Intellistop's device, subject to terms and conditions that would allow 
sufficient monitoring of the device's use. Consistent with the October 
7, 2022, decision, the Agency seeks public comment on R.B. Stewart's 
carrier-specific exemption application.
    A copy of R.B. Stewart's application and supporting materials are 
available for review in the docket for this notice.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on R.B. Stewart's application for 
an exemption from the requirement of 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. 
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. 2026-21812 Filed 10-23-26; 8:45 am]
BILLING CODE 4910-EX-P


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