[Federal Register Volume 87, Number 13 (Thursday, January 20, 2022)]
[Notices]
[Pages 3166-3169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01023]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0059]
Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Waste Management Inc.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant of exemption.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant the limited 5-year exemption requested
by Waste Management Inc. (Waste Management) to allow all of its
operating companies, which currently number 106, to replace the high-
mounted brake lights on their owned and operated fleets of heavy-duty
refuse and support trucks with red or amber brake-activated pulsating
lamps positioned in the upper center position, or in an upper dual
outboard position, 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: This exemption is effective January 20, 2022 and ending January
20, 2027.
FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] R. Cestero, Vehicle
and Roadside Operations Division, Office of Carrier, Driver, and
Vehicle Safety, MC-PSV, (202) 366-5541, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
Docket: For access to the docket to read background documents or
comments submitted to notice requesting public comments on the
exemption application, go to www.regulations.gov at any time or visit
Dockets Operations, Room W12-140 on the ground level of the West
Building, 1200 New Jersey Avenue SE, Washington, DC, 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. The on-line Federal document
management system is available 24 hours each day, 365 days each year.
The docket number is listed at the beginning of this notice.
SUPPLEMENTARY INFORMATION:
Background
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of 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 any
safety analyses that have been conducted. The Agency must also provide
an opportunity for public comment on the request.
The Agency reviews 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 by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).
Waste Management's Application for Exemption
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
commercial motor vehicles (CMV) transporting oversized loads, and
warning lamps on emergency and service vehicles authorized by State or
local authorities.
Waste Management applied for an exemption from 49 CFR 393.25(e) to
[[Page 3167]]
allow all of its operating companies, which currently number 106, to
replace the rear high-mounted brake lights with red or amber brake-
activated pulsating lamps positioned in the upper center position, or
in an upper dual outboard position, in addition to the steady burning
brake lamps required by the FMCSRs.
A copy of the application is included in the docket referenced at
the beginning of this notice.
Waste Management contended that the addition of brake-activated
pulsating lamps would improve safety and stated that research shows
that pulsating brake lamps installed improve visibility and prevent
rear end accidents. Waste Management noted that FMCSA has previously
granted similar, but not identical, temporary exemptions to the
National Tank Truck Carriers Inc. (NTTC), (85 FR 63643), Grote
Industries, LLC. (Grote), (85 FR 78918). Inc. (Grote), and Groendyke
Transport Inc. (Groendyke) (84 FR 17910).
Waste Management included in the application several studies
conducted by the National Highway Traffic Safety Administration
(NHTSA), another agency in the U.S. Department of Transportation, on
the issues of rear-end crashes, distracted driving, and braking
signals. Waste Management stated that the addition of brake-activated
pulsating lamp(s) will not have an adverse impact on safety, and that
adherence to the terms and conditions of the exemption would likely
achieve a level of safety equivalent to or greater than the level of
safety achieved without the exemption.
Comments
FMCSA published a notice of the application in the Federal Register
on June 3, 2021 and asked for public comment (86 FR 29876). The Agency
received comments from the Transportation Safety Equipment Institute
(TSEI), the National Truck Equipment Association (NTEA), the Florida
Highway Patrol-Bureau of Commercial Vehicle Enforcement (FHP), the
Commercial Vehicle Safety Alliance (CVSA), the National Waste Recycling
Association (NWRA), and from 18 other stakeholders and individuals.
Twenty of the 23 comments favored the exemption application.
NWRA and TSEI supported granting the application. CVSA supported
the use of amber brake-activated warning lamps, but was opposed to the
use of red brake-activated pulsating warning lamps. Florida Highway
Patrol expressed concern regarding the use of red brake-activated
pulsating warning lamps because traffic approaching from the rear might
confuse the flashing red lights with law enforcement vehicles.
NWRA supports the Waste Management application, noting that the
2019 Bureau of Labor Statistics Census of Fatal Injuries classified 40
of the 70 fatal incidents for waste and remediation services as
transportation incidents. NWRA also provided research data from a
report \1\ noting that flashing brake systems and flashing hazard
systems reduced drivers' brake response times by 0.14-0.62 seconds, and
0.03-0.95 seconds respectively, while flashing amber lamps reduced
drivers' brake response times by 0.11 seconds on average compared with
red lamps. NWRA noted that the requested exemption should not only
improve the safety for Waste Management's workers, but also improve the
overall safety of the motoring public.
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\1\ https://journals.sagepub.com/doi/full/10.1155/2014/792670.
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TSEI acknowledged the safety benefits of brake-activated warning
lamps when used in conjunction with steady burning red brake lamps and
identified its support of previous exemption requests for Groendyke,
NTTC, and Grote. TSEI stated that it does not believe the Agency should
grant the temporary exemption to Waste Management to allow brake-
activated required lamps to pulsate without a thorough consideration of
safety data and research with the aim of setting standards to ensure
consistency across all vehicles equipped with such lamps.
NTEA expressed concern that some NTEA members are manufacturers and
alterers of motor vehicles that receive requests from commercial motor
vehicle fleets to install brake-activated pulsating warning lamps on
certain new vehicles they construct or modify. As manufacturers of new
motor vehicles, NTEA members are required to certify these vehicles to
applicable NHTSA Federal Motor Vehicle Safety Standards (FMVSS). NTEA
noted that FMCSA does not have the authority to exempt manufacturers of
commercial motor vehicles from their obligation to certify compliance
with affected FMVSS. NTEA noted that FMCSA temporary exemptions for
brake-activated warning lamps are narrowly restricted to motor carriers
making the exempted modification to their own vehicles.
CVSA stated that the Agency should allow motor carriers to equip
commercial motor vehicles with amber brake-activated pulsating lights,
but is opposed to red brake-activated pulsating lights. CVSA and FHP
noted that pulsating red lights are typically associated with law
enforcement or emergency vehicles. Allowing red pulsating lamps on the
rear of commercial motor vehicles may negatively impact the driving
public's recognition and response to emergency vehicles. Further, many
States have laws prohibiting nonemergency vehicles from having
pulsating red lights.
Eighteen stakeholders and individuals submitted comments in support
of granting the exemption. These commenters believe that any technology
that has been shown to reduce rear end crashes should be allowed and
cited various benefits of brake-activated pulsating lamps, including
(1) enhanced awareness that the vehicle is making a stop, especially at
railroad crossings, and (2) increased visibility in severe weather
conditions.
FMCSA Decision
The FMCSA has evaluated the Waste Management exemption application
and the comments received. The Agency believes that granting the
temporary exemption to allow its operating companies to replace the
high-mounted brake lights on their owned and operated fleets of heavy-
duty refuse and support trucks with red or amber brake-activated
pulsating lamps positioned in the upper center position, or in an upper
dual outboard position, in addition to the steady burning brake lamps
required by the Federal Motor Carrier Safety Regulations (FMCSRs), will
likely provide a level of safety that is 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.2 3
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\2\ 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).
\3\ 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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Both FMCSA and NHTSA have conducted research regarding alternative
rear signaling systems to address rear-end crashes. FMCSA has conducted
research and development of an Enhanced Rear Signaling (ERS)
[[Page 3168]]
system for CMVs.\4\ The study noted that, while brake lights are
activated only with the service brakes, and the visual warning is
provided only during conditions when the lead vehicle is decelerating
using its braking system, brake lights are not activated during other
conditions when rear-end collisions can occur (e.g., when the CMV is
(1) stopped along the roadway or in traffic, (2) traveling slower, or
(3) decelerating using an engine retarder). Because of the limitations
of the existing brake system described above, along with issues
relating to visual distraction, the study examined ways for CMVs to
detect rear-end crash threats and to provide drivers of following
vehicles a supplemental visual warning--located on the lead vehicle,
and in addition to the current brake lights--so following-vehicle
drivers can quickly recognize impending collision threats.
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\4\ U.S. Department of Transportation, Federal Motor Carrier
Safety Administration (2014), Expanded Research and Development of
an Enhanced Rear Signaling System for Commercial Motor Vehicles,
Report No. FMCSA-RRT-13-009, Washington, DC (April 2014).
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During Phase I of this effort, researchers performed crash database
analyses to determine causal factors of rear-end collisions and to
identify potential countermeasures. Phase II continued through
prototype development based on recommendations from Phase I. During
Phase II field testing, potential benefits of using such
countermeasures were realized. During Phase III, a multi-phased
approach was executed to design, develop, and test multiple types of
countermeasures on a controlled test track and on public highways.
Phase III yielded positive results for a rear-warning prototype system
comprising 12 light-emitting diode (LED) units that would flash at 5 Hz
to provide a visual warning to the following-vehicle drivers indicating
that, with continued closing rate and distance, a collision will occur
with the lead vehicle. Finally, the prototype system was further
developed and refined to include modification of the system into a unit
designed for simple CMV installation, collision-warning activation
refinements, and rear-lighting brightness adjustments for nighttime
conditions. Formal closed test-track and real-world testing were then
performed to determine the ERS system collision-warning activation
performance.
While the efforts described above demonstrated a promising system
for follow-on research, FMCSA ultimately decided not to pursue formal
field operational testing of the prototype system because of concerns
relating to (1) the cost to implement the ERS system as configured, and
(2) fleets' willingness to invest in the technology, given the cost of
the system. 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 CMVs.
Separately, NHTSA has performed a series of research studies
intended to develop and evaluate rear-signaling applications designed
to reduce the frequency and severity of rear-end crashes via
enhancements to rear-brake lighting by redirecting drivers' visual
attention to the forward roadway (for cases involving a distracted
driver), and/or increasing the saliency or meaningfulness of the brake
signal (for inattentive drivers).5 6
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\5\ 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).
\6\ U.S. Department of Transportation, National Highway Traffic
Safety Administration (2010), Traffic Safety Facts--Vehicle Safety
Research Notes; Assessing the Attention-Getting Capability of Brake
Signals: Evaluation of Candidate Enhanced Braking Signals and
Features; Report No. DOT HS 811 330, Washington, DC (June 2010).
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Initially, the study quantified the attention-getting capability
and discomfort glare of a set of candidate rear brake lighting
configurations, using driver judgments, as well as eye-drawing metrics.
This study served to narrow the set of candidate lighting
configurations to those that would most likely be carried forward for
additional on-road study. Both look-up (eye-drawing) data and interview
data supported the hypothesis that simultaneous flashing of all rear
lighting combined with increased brightness would be effective in
redirecting the driver's eyes to the lead vehicle when the driver is
looking away with tasks that involve visual load.
Subsequently, the study quantified the attention-getting capability
of a set of candidate rear brake lighting configurations, including
proposed approaches from automotive companies. This study was conducted
to provide data for use in a simulation model to assess the
effectiveness and safety benefits of enhanced rear brake light
countermeasures. Among other things, this research demonstrated that
flashing all lights simultaneously or alternately flashing is a
promising signal for use in enhanced brake light applications, even at
levels of brightness within the current regulated limits. Specifically,
the study concluded that substantial performance gains may be realized
by increasing brake-lamp brightness levels under flashing
configurations; however, increases beyond a certain brightness
threshold will not return substantive performance gains.
Both FMCSA and NHTSA have conducted extensive research and
development programs to examine alternative rear-signaling systems to
reduce the incidence of rear-end crashes. However, while these efforts
concluded that improvements could be realized through rear-lighting
systems that flash, neither the FMCSRs nor the Federal Motor Vehicle
Safety Standards (FMVSS) currently permit the use of pulsating, brake-
activated lamps on the rear of CMVs.
With respect to the use of amber lights, NHTSA has conducted
research on the effectiveness of rear turn signal color on the
likelihood of being involved in a rear-end crash.\7\ FMVSS No. 108
allows rear turn signals to be either red or amber in color. The study
concluded that amber signals show a 5.3 percent effectiveness in
reducing involvement in two-vehicle crashes where a lead vehicle is
rear-struck in the act of turning left, turning right, merging into
traffic, changing lanes, or entering/leaving a parking space. The
advantage of amber, compared to red, rear turn signals was shown to be
statistically significant.
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\7\ U.S. Department of Transportation, National Highway Traffic
Safety Administration (2009), The Effectiveness of Amber Rear Turn
Signals for Reducing Rear Impacts; Report No. DOT HS 811 115,
Washington, DC (April 2009).
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FMCSA acknowledges the concern of NTEA that FMCSA has the authority
to grant the temporary exemption only to motor carriers and not to
commercial motor vehicle manufacturers or vehicle alterers. FMCSA has
met with NHTSA to discuss research avenues that would support NHTSA
updates to 49 CFR 571.108--Standard No. 108; Lamps, reflective devices,
and associated equipment, such that the commercial motor vehicle
manufacturers would be able to install brake activated warning light
systems for which FMCSA has already granted temporary exemptions to
motor carriers. FMCSA believes that the FMCSA and NHTSA research
programs demonstrating the ability of alternative rear-signaling
systems to reduce the frequency and severity of rear-end crashes, are
sufficient to conclude that implementation of red or amber brake
activated pulsating lamps is likely to provide a level of safety that
[[Page 3169]]
is equivalent to, or greater than, the level of safety achieved without
the exemption.
FMCSA acknowledges the concerns of FHP and CVSA that flashing,
rotating, or pulsating red lamps are generally permitted only on
emergency vehicles. FMCSA notes that police and other State-authorized
emergency vehicles utilize high intensity, constantly flashing,
rotating, or pulsating red lamps visible from all directions on the
vehicle and that continuously operate when activated. The amber or red
brake-activated pulsating lamps requested by Waste Management are
visible only to the rear of their vehicles and are similar in lamp
intensity and flash rate of the vehicle's standard rear hazard warning
lamps system currently allowed by the regulations. FMCSA believes that
the FMCSA and NHTSA research programs that demonstrated the ability of
alternative rear signaling systems to reduce the frequency and severity
of rear-end crashes are sufficient to conclude that the implementation
of red or amber brake-activated pulsating lamps in the upper center
position or in an upper dual outboard position on the rear of their
vehicles, in addition to the steady-burning brake lamps required by the
regulations, is likely to provide a level of safety that is equivalent
to, or greater than, the level of safety achieved without the
exemption.
Terms and Conditions for the Exemption
The Agency hereby grants the exemption for a 5-year period,
beginning January 20, 2022 and ending January 20, 2027. During the
temporary exemption period, Waste Management's operating companies will
be allowed to replace the high-mounted brake lights on their owned and
operated fleets of heavy-duty refuse and support trucks and will be
allowed 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 their owned and operated fleets of heavy-duty refuse and support
trucks in addition to the steady-burning brake lamps required by the
FMCSRs.
The exemption will be valid for 5 years unless rescinded earlier by
FMCSA. The exemption will be rescinded if: (1) Waste Management fails
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).
Interested parties possessing information that would demonstrate
that Waste Management's 106 operating companies' owned and operated
fleets of heavy-duty refuse and support trucks with red or amber brake-
activated pulsating lamps positioned in the upper center position, or
in an upper dual outboard position, in addition to the steady burning
brake lamps required by the Federal Motor Carrier Safety Regulations
(FMCSRs) is not achieving the requisite statutory level of safety
should immediately notify FMCSA. The Agency will evaluate any such
information and, if safety is being compromised or if the continuation
of the exemption is not consistent with 49 U.S.C. 31136(e) and
31315(b), will take immediate steps to revoke the exemption.
Preemption
In accordance with 49 U.S.C. 31313(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. States may, but
are not required to, adopt the same exemption with respect to
operations in intrastate commerce.
Meera Joshi,
Deputy Administrator.
[FR Doc. 2022-01023 Filed 1-19-22; 8:45 am]
BILLING CODE 4910-EX-P