[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Notices]
[Pages 40920-40922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13205]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0187]


Parts and Accessories Necessary for Safe Operation; Pi Variables, 
Inc Application for an Exemption

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to grant a limited 5-year 
exemption to Pi Variables, Inc. (Pi Variables) to allow Pi-Lit Smart 
Sequential Road Flares (LED flares) to be deployed when commercial 
motor vehicles (CMVs) are stopped upon the traveled portion of a 
highway or the shoulder of a highway for any cause other than necessary 
traffic stops. The Federal Motor Carrier Safety Regulations (FMCSRs) 
require one of the following warning devices to be deployed when a CMV 
is stopped upon the traveled portion of a highway or the shoulder of a 
highway for any cause other than necessary traffic stops: three 
bidirectional emergency reflective triangles; at least 6 fusees or at 
least 3 liquid-burning flares. The vehicle must have as many additional 
fusees or liquid-burning flares as are necessary to satisfy the 
regulatory requirements. Other warning devices may be used in addition 
to, but not in lieu of, the required warning devices, provided they do 
not decrease the effectiveness of the required devices. 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 FMCSRs.

DATES: This exemption is effective June 27, 2023 and ending June 27, 
2028.

FOR FURTHER INFORMATION CONTACT: Jos[eacute] R. Cestero, Vehicle and 
Roadside Operations Division, Office of Carrier, Driver, and Vehicle 
Safety, MC-PSV, Federal Motor Carrier Safety Administration, 1200 New 
Jersey Avenue SE, Washington, DC 20590-0001; (202) 366-5541; 
[email protected].
    Docket: For access to the docket to read background documents or 
comments submitted in response to the notice requesting public comments 
on the exemption application, 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 
Docket Operations. The on-line Federal document management system at 
the beginning of this notice.

I. Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) 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 compliance with 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 
(up to 5 years) and explain the terms and conditions of the exemption. 
The exemption may be renewed (49 CFR 381.300(b)).

II. Pi Variable's Application for Exemption

    Pi Variables applied for an exemption from 49 CFR 393.95(f) to 
deploy LED flares in place of bidirectional emergency reflective 
triangles, fusees or liquid-burning flares when CMVs are stopped upon 
the traveled portion of a highway or the shoulder of a highway for any 
cause other than necessary traffic stops. Pi Variables stated that LED 
flares provide an advantage over liquid-burning flares and fusee flares 
as the latter can create a significant fire hazard, pollute water 
runoff, generate

[[Page 40921]]

health hazards related to inhalation of fumes, and cannot be used in 
the setting of a spill of flammable material. A copy of the application 
is included in the docket referenced at the beginning of this notice.
    Section 393.95(f) of the FMCSRs requires warning devices be 
deployed when a CMV is stopped upon the traveled portion of a highway 
or the shoulder of a highway for any cause other than necessary traffic 
stops. The regulation requires the use of either three bidirectional 
emergency reflective triangles that conform to the requirements of 
FMVSS No. 125, or at least 6 fusees or 3 liquid-burning flares while 
the vehicle is stopped. The vehicle must also have as many additional 
fusees or liquid-burning flares as are necessary to satisfy the 
requirements of Sec.  392.22, which specifies how the hazard warnings 
are to be displayed while stopped. Section 393.95 also permits the use 
of other warning devices in addition to, but not in lieu of, the 
required warning devices, provided those warning devices do not 
decrease the effectiveness of the required warning devices.
    The LED flares are comprised of a series of wirelessly 
interconnected individual LED warning devices. Each warning device is 
illuminated by an array of LEDs which, combined with other warning 
devices, provide four different options to adjust the flash pattern: 
two sequential, one simultaneous, and one with steady burn. Pi 
Variables notes that every LED flare can support 50,000 lbs. of load 
while also meeting the IP 67 code \1\ for ingress protection against 
water and dust. A carrying case and two different options to power the 
LED flares are provided: lithium-ion rechargeable batteries or AA 
alkaline batteries.
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    \1\ International Electrotechnical Commission (IEC), Ingress 
Protection (IP) Rating Guide https://www.iec.ch/ip-ratings.
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    In its petition, Pi Variables stated that the benefits of deploying 
LED flares include the prevention of fire danger, pollution, and health 
conditions. Pi Variables stated that this alternative would maintain a 
level of safety that is equivalent to, or greater than, the level of 
safety achieved without the exemption.

III. Summary of Comments

    On February 18, 2022, FMCSA published a notice in the Federal 
Register (87 FR 9419) requesting public comment on Pi Variables' 
application for exemption. The Agency received comments from one 
individual who generally opposed granting the application and four 
comments in support of the application subject to conditions.
    One commenter generally discouraged the use of LED flares, 
expressing concerns about longevity and battery life. The remaining 
four comments in favor recommended the use of LED flares due to 
environmental impact, health and fire danger concerns from fusses and 
liquid burning flares.

IV. FMCSA Decision Granting Exemption

A. Equivalent Level of Safety Analysis

    FMCSA has evaluated the Pi Variables exemption application and the 
comments received. For the reasons discussed below, FMCSA believes that 
granting the exemption to allow LED flares to be deployed as an 
alternative to the bidirectional emergency reflective triangles, 
fusees, and liquid burning flares required by the FMCSRs is likely to 
achieve a level of safety equivalent to or greater than the level of 
safety provided by the regulation.
    In 1999, the Texas Transportation Institute (TTI) published a 
report titled ``Work Zone Lane Closure Warning Light System.'' \2\ 
Researchers investigated motorists' understanding of various designs of 
LED flares and their perceived usefulness in a simulated work zone at 
night. The research was conducted at TTI's proving ground facility at 
the Texas A&M University Riverside Campus. The LED flares used for the 
study were wired lights that flash in a sequence to delineate the taper 
on work zones. The proving ground study simulated a nighttime work zone 
with a left lane closure, tangent, flashing arrow panel, and prototype 
warning light system. The focus of the research was to study the effect 
of flashing LED flares and approach speeds upon motorists' reaction to, 
and possible preference for, the LED flares. Field studies of the LED 
flares were also performed at night to determine if the system would 
yield significant operational or safety benefits in actual work zone 
applications.
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    \2\ Finley, M.D., G.L. Dudek. Work Zone Lane Closure Warning 
Light System. Draft Report 3983-1. Texas Transportation Institute, 
College Station Texas, September 1999. Available at time of 
publication at https://static.tti.tamu.edu/tti.tamu.edu/documents/3983-1.pdf.
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    Results from the proving ground and field studies showed that the 
flashing LED flares used in the work-zone lane closure were perceived 
positively and were not confusing to the motoring public. The field-
study also found that the prototype LED flares encouraged motorists to 
vacate a closed travel lane farther upstream from the work zone. 
Accordingly, Pi Variables' LED flares may provide similar safety 
benefits alerting drivers to a stopped vehicle while encouraging them 
to vacate the lane and navigate around the stopped vehicle.
    In 2011, the University of Missouri with the support of the Federal 
Highway Administration's Smart Work Zone Deployment Initiative Program 
conducted a study \3\ to investigate the effectiveness of flashing LED 
flares on work zones during nighttime. The Sequential LED flares used 
for the study were wireless lights that flash in a sequence to 
delineate the taper on work zones. The effectiveness of sequential 
lights was investigated using controlled field studies. Traffic 
parameters were collected at the same field site with and without the 
deployment of sequential lights. Three surrogate performance measures 
were used to determine the impact of sequential lights on safety. These 
measures were the speeds of approaching vehicles, the number of late 
taper merges and the locations where vehicles merged into open lane 
from the closed lane. The result of this study indicates that 
sequential LED flares, like those designed by Pi Variables, had a net 
positive effect in reducing the speeds of approaching vehicles, 
enhancing driver compliance, and preventing passenger cars, trucks and 
vehicles at rural work zones from late taper merges.
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    \3\ Sun, C., P. Edara, Y. Hou, and A. Robertson. Final Report: 
Cost-Benefit Analysis of Sequential Warning Lights in Nighttime Work 
Zone Tapers. University of Missouri, Columbia, MO. June 2011.
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    With respect to longevity of LED flares under normal use, the 
Agency notes that Pi Variables reported that its LED flares have a life 
span of more than five years and include IP certification and crush 
strength. The IP certification is a rating system, defined by IEC/EN 
60529,\4\ of a product's ability to withstand liquid and dust 
intrusion. Pi Variables also subjects its LED flares to a crush 
strength test to establish the compressive force or crush resistance of 
the enclosure material.
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    \4\ International Electrotechnical Commission (IEC) 60529, 
Degrees of protection provided by enclosures (IP Code),Edition 2.2 
published on August 29, 2013, https://webstore.iec.ch/preview/info_iec60529%7Bed2.2%7Db.pdf
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    Additional advantages of LED flares over the regulatorily required 
emergency equipment include: (1) activation when removed from their 
storage case (a useful safety feature at the time a driver exits the 
vehicle to deploy the LED flares during the night); (2) run-time for 
LED flares of more than 20 hours, while flares can burn for about 
twenty minutes; (3) the compact design

[[Page 40922]]

and weight of LED flares that provide stability to the devices during 
windy conditions; and (4) the safe use of LED flares near chemical or 
fuel spills.
    A few commentors expressed concern about the potential for self-
discharge of the batteries in the LED flares while they are stored 
without use in the truck. We note that the FMCSRs control for proper 
function of LED flares. Emergency equipment is an inspection item under 
Sec.  396.11 as required by the FMCSR's. As such, if the LED flares are 
not functioning properly due to self-discharge during storage, the 
driver must complete a driver vehicle inspection report at the 
completion of the workday, and the motor carrier must ensure that the 
defect is corrected prior to vehicle re-dispatch.
    For these reasons, the Agency believes that granting the use of LED 
flares as an alternative to emergency equipment currently specified in 
49 CFR 393.95(f) will likely provide a level of safety that is 
equivalent to, or greater than, the level of safety achieved without 
the exemption. When compared to the bidirectional emergency reflective 
triangles, fusees, or liquid-burning flares, the Pi Variables LED 
flares provide drivers with an equivalent visual alert that (1) 
encourages vehicles to reduce speed near stopped CMVs, (2) directs 
vehicles to merge into another lane when lanes are closed, and (3) is 
not confusing for the motoring public. Additionally, Pi Variables' LED 
flares are safer for use where roadside fire hazards are present.

V. Terms and Conditions

Exemption Period

    The Agency hereby grants Pi Variables an exemption for a 5-year 
period, beginning June 27, 2023 and ending June 27, 2028 unless 
rescinded earlier by FMCSA.

A. Conditions of Exemption

    1. This exemption is limited to Pi Variables' Pi-Lit LED flares and 
does not apply to any other LED flare system/technology.
    2. During the exemption period, motor carriers operating CMVs may 
use Pi-Lit LED flares in orange or red LED color in lieu of the 
bidirectional emergency reflective triangles, fusees, and liquid-
burning flares specified in Sec.  393.95(f).
    3. Motor carriers deploying Pi-Lit LED flares under this exemption 
must deploy at least 3 flares within the time period and in the manner 
specified for deployment in 49 CFR 392.22.
    4. The Pi-Lit LED flares must conform to the performance 
requirements specified in Underwriters Laboratories, Inc., UL No. 912, 
Highway Emergency Signals, Sixth Edition, May 11, 2018 for resistance 
to rain, wind, and dust, and minimum illuminance.
    5. Interested parties possessing information that would demonstrate 
that motor carriers utilizing Pi-Lit LED flares are not achieving the 
requisite statutory level of safety should immediately notify FMCSA by 
email at [email protected]. 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.

B. 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 with respect to a 
firm or person operating under the exemption. States may, but are not 
required to, adopt the same exemption with respect to operations in 
intrastate commerce.

C. Termination

    FMCSA does not believe that motor carriers, drivers, and CMVs 
covered by the exemption will experience any deterioration of their 
safety record. However, should this occur, FMCSA will take all steps 
necessary to protect the public interest, including revocation of the 
exemption without prior notice. The exemption will be rescinded if: (1) 
motor carriers and/or CMVs fail to comply with the terms and conditions 
of the exemption; (2) the exemption has resulted in a lower level of 
safety than 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) or 31315(b).

Robin Hutcheson,
Administrator.
[FR Doc. 2023-13205 Filed 6-21-23; 8:45 am]
BILLING CODE 4910-EX-P