[Federal Register Volume 88, Number 18 (Friday, January 27, 2023)]
[Notices]
[Pages 5399-5400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01602]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0242]


Parts and Accessories Necessary for Safe Operation; Exemption 
Application From Encore Building Products

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

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

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
requests public comment on Encore Building Products' (Encore) 
application 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. FMCSA requests public comment on the applicant's request for 
exemption.

DATES: Comments must be received on or before February 27, 2023.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2022-0242 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. 
E.T., Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Each submission must include the Agency name and the docket number 
(FMCSA-2022-0242) for this notice. Note that DOT posts all comments 
received without change to www.regulations.gov, including any personal 
information included in a comment. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit 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.
    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, without edit, including any personal information 
the commenter provides, to www.regulations.gov. As described in the 
system of records notice DOT/ALL 14-FDMS, which can be reviewed at 
https://www.transportation.gov/privacy, the comments are searchable by 
the name of the submitter.

FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] R. Cestero, Vehicle 
and Roadside Operations Division, Office of Carrier, Driver, and 
Vehicle Safety, FMCSA, at (202) 366-5541, or by email at 
[email protected].
    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.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2022-0242), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
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 www.regulations.gov and put 
the docket number ``FMCSA-2022-0242'' in the keyword box, and click 
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose 
the first notice listed, click the ``Comment'' button, and type your 
comment into the text box on the following screen. Choose whether you 
are submitting your comment as an individual or on behalf of a third 
party and then submit. 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. If you submit 
comments by mail and would like to know that they reached the facility, 
please enclose a stamped, self-addressed postcard or envelope. FMCSA 
will consider all comments and material received during the comment 
period.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from Federal Motor Carrier Safety Regulations (FMCSRs). 
FMCSA

[[Page 5400]]

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 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 Agency must 
publish its decision 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 specify the effective period and explain the terms and 
conditions of the exemption. The exemption may be renewed (49 CFR 
381.300(b)).

III. Encore's Request

    Encore seeks an exemption from the requirement in 49 CFR 393.25(e) 
that all exterior lamps (both required lamps and any additional lamps) 
be steady-burning, except for 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.
    Encore asserts that using the Intellistop module, 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 rather than providing steady burning lamps 
during the first 2 seconds, would enhance rear signal systems. Encore 
submits that pulsing the rear brake lamps of a CMV may significantly 
increase visibility and reduce the frequency of rear-end crashes, and 
thus would maintain a level of safety that is equivalent to, or greater 
than, the level that the CMV would achieve without the requested 
exemption.
    On October 7, 2022 (87 FR 61133), FMCSA denied Intellistop's 
application for an industry-wide exemption to allow all motor carriers 
to operate commercial motor vehicles (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 
to allow sufficient monitoring of the use of the device. Therefore, 
consistent with the October 7, 2022, decision, the Agency seeks public 
comment on Encore's carrier-specific exemption application.
    A copy of Encore's application is included in the docket referenced 
at the beginning of this notice.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on Encore's application for a five-
year exemption from 49 CFR 393.25(e) to allow the company to operate 
CMVs equipped with Intellistop's module 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.
    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 may 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. 2023-01602 Filed 1-26-23; 8:45 am]
BILLING CODE 4910-EX-P