[Federal Register Volume 89, Number 92 (Friday, May 10, 2024)]
[Notices]
[Pages 40529-40534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10270]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0243]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Gemini Motor Transport LP, USDOT# 913300

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

ACTION: Notice of final disposition; grant of exemption.

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

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
announces its decision to grant Gemini Motor Transport LP's, USDOT No. 
913300, (Gemini) application for an exemption to allow it to operate 
commercial motor vehicles (CMVs) equipped with a module manufactured by 
Intellistop, Inc. (Intellistop). The Intellistop module is designed to 
pulse the required rear clearance, identification, and brake lamps from 
a lower-level lighting intensity to a higher-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. The 
Agency has determined that granting the exemption to Gemini, an 
individual, easily identifiable motor carrier operating a finite number 
of CMVs, would likely achieve a level of safety equivalent to, or 
greater than, the level of safety achieved by the regulation.

DATES: This exemption is effective May 10, 2024 and ending May 12, 
2029.

FOR FURTHER INFORMATION CONTACT: Mr. David Sutula, Vehicle and Roadside 
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-9209, Federal Motor Carrier Safety Administration, 1200 
New Jersey Avenue SE., Washington, DC 20590-0001; [email protected].

I. Viewing Comments and Documents

    To view comments, go to www.regulations.gov, insert the docket 
number ``FMCSA-2022-0243'' in the keyword box, and click ``Search.'' 
Next, sort the results by ``Posted (Newer-Older),'' choose the first 
notice listed, and click ``Browse Comments.''
    To view documents mentioned in this notice as being available in 
the docket, go to www.regulations.gov, insert the docket number 
``FMCSA-2022-0243'' in the keyword box, click ``Search,'' and choose 
the document to review.
    If you do not have access to the internet, you may view the docket 
online by visiting Dockets Operations on the ground floor of the DOT 
West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, 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.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from certain parts of the FMCSRs if it ``finds such 
exemption would likely achieve a level of safety that is equivalent to, 
or greater than, the level that would be achieved absent the 
exemption.'' FMCSA must publish a notice of each exemption request in 
the Federal Register and provide the public an opportunity to inspect 
the information relevant to the application, including the applicant's 
safety analysis, and an opportunity for public comment on the request 
(49 U.S.C. 31315(b)(6)(A); 49 CFR 381.315(a).
    The Agency reviews safety analyses and public comments submitted 
and determines whether granting the exemption would likely achieve a 
level

[[Page 40530]]

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. Granted exemptions may be 
renewed (49 CFR 381.300(b)).

III. Background

A. Current Regulatory Requirements

    Section 393.25(e) of the Federal Motor Carrier Safety Regulations 
(FMCSRs) requires all exterior lamps (both required lamps and any 
additional lamps) to be steady-burning, with certain exceptions not 
relevant here. Two other provisions of the FMCSRs--section 393.11(a) 
and section 393.25(c)--mandate that required lamps on CMVs meet the 
requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 108 
in effect at the time of manufacture. FMVSS No. 108, issued by the U.S. 
Department of Transportation's National Highway Traffic Safety 
Administration (NHTSA), includes a requirement that installed brake 
lamps, whether original or replacement equipment, be steady burning.

B. Applicant's Request

    Gemini applied for an exemption from 49 CFR 393.25(e) to allow it 
to operate CMVs, equipped with Intellistop's module. When the brakes 
are applied, the Intellistop module is designed to pulse the rear 
clearance, identification, and brake lamps from a lower-level lighting 
intensity to a higher-level lighting intensity 4 times in 2 seconds and 
then maintain the original equipment manufacturer's (OEM) level of 
illumination for those lamps until the brakes are released and 
reapplied. Intellistop asserts that its module is designed to ensure 
that if the module ever fails, the clearance, identification, and brake 
lamps will default to normal OEM function and illumination.
    Gemini's application followed the Agency's October 7, 2022 (87 FR 
61133), denial of Intellistop's application for an industry-wide 
exemption to allow all interstate motor carriers to operate CMVs 
equipped with the Intellistop module. While the Agency determined that 
the scope of the exemption Intellistop sought was too broad to ensure 
that an equivalent level of safety would be achieved, the Agency 
explained that individual motor carrier applications for exemption may 
be more closely aligned with FMCSA authorities. Exemptions more limited 
in scope would allow the Agency to ensure compliance with all relevant 
FMCSA regulations because the individual exemptee would be easily 
identifiable and its compliance with applicable regulations could be 
monitored, thus providing a level of safety equivalent to compliance 
with 49 CFR 393.25(e).
    Gemini stated that previous research demonstrated that the use of 
pulsating brake-activated lamps increases the visibility of vehicles 
and should lead to a significant decrease in rear-end crashes. In 
support of its application, Gemini submitted several reports of 
research 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.\1\ \2\ \3\ This same body of research was also 
referenced in Intellistop's industry-wide exemption application. 
Relying on these studies, Gemini stated that the addition of brake-
activated pulsating lamp(s) will not have an adverse impact on safety 
and would likely maintain a level of safety equivalent to or greater 
than the level of safety achieved without the exemption.
---------------------------------------------------------------------------

    \1\ See NHTSA Study--Evaluation of Enhanced Brake Lights Using 
Surrogate Safety Metrics https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/811127.pdf; As part of the General Findings the NHTSA study 
report concluded that ``rear lighting continues to look promising as 
a means of reducing the number and severity of rear-end crashes.''
    \2\ See also NHTSA Study--Enhanced Rear Lighting and Signaling 
Systems https://tinyurl.com/y2romx76 or https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/task_3_results_0.pdf; As part of the conclusions 
NHTSA found that enhanced, flashing brake lighting ``demonstrated 
improvements in brake response times and other related performance 
measures.''
    \3\ See also NHTSA--Traffic Safety Facts https://tinyurl.com/yxglsdax or https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/tsf811128.pdf; which concluded that flashing brake lights were a 
promising signal for improving attention-getting during brake 
applications.
---------------------------------------------------------------------------

    A copy of the application is included in the docket referenced at 
the beginning of this notice.

IV. Comments

    FMCSA published a notice of the application in the Federal Register 
on February 1, 2023, and asked for public comment (88 FR 6805). The 
Agency received 26 comments from the American Trucking Associations 
(ATA); Intellistop, Inc.; the National Truck Equipment Association 
(NTEA); the Transportation Safety Equipment Institute (TSEI); and 22 
other commenters. Twenty-five of the commenters favored the exemption 
application, while TSEI expressed concerns.
    TSEI reiterated comments it had previously made in support of the 
safety benefits of brake-activated warning lamps when used in 
conjunction with steady burning red brake lamps as well as its prior 
support of the exemption requests from Groendyke, NTTC, and Grote. 
Despite these previous expressions of support for the potential 
benefits of some brake warning lamp configurations, TSEI stated that it 
is concerned about any exemption permitting the pulsing of lamps that 
are currently required to be steady burning without a thorough 
consideration of safety data and research. TSEI stated that the aim of 
future rulemaking should be to ensure consistent application across all 
vehicles equipped with such pulsating lamps and recommended that the 
Agency engage in a formal rulemaking to amend Part 393 to allow for 
pulsating brake lamps.
    ATA supported Gemini's request and stated that enhanced rear 
signaling (ERS) can provide functionality beyond what traditional CMV 
lighting and reflective devices offer, including drawing attention to 
CMVs stopped ahead; increasing awareness of roadside breakdowns; 
notification of emergency braking; and improving driver confidence from 
both vehicles. ATA also stated that, in addition to these safety 
benefits, ERS performance is superior to that of steady-burning brake 
lamps in conditions of severe weather, taillight glare, and around 
infrastructure obstacles. Specifically, ATA noted that this ``request 
by Gemini presents another opportunity for the DOT to learn about the 
performance of ERS in real world applications.'' Further, ATA stated 
that ``[it] believes the exemption process is well-suited for these 
kinds of situations, where the DOT can monitor small, controlled 
deployments to learn about benefits and costs and gather important data 
to make sound judgments on a broader industry exemption or change in 
regulations.''
    ATA recommended the Agency provide clear guidance in the terms and 
conditions of the exemption grant to aid the Agency in monitoring the 
exemption for unintended consequences and aid the Applicant in 
understanding expectations for potential renewal of the exemption 
application. ATA further commented that FMCSA should work with industry 
to develop research efforts that examine the performance of ERS to 
supplement future DOT decisions on ERS technologies. and aid the 
Applicant

[[Page 40531]]

in understanding expectations for potential renewal of the exemption 
application. ATA further commented that FMCSA should work with industry 
to develop research efforts that examine the performance of ERS to 
supplement future DOT decisions on ERS technologies.
    The NTEA supported the Agency's authority to grant a temporary 
exemption. The NTEA, however, expressed concern that some of its 
members who are manufacturers and alterers of motor vehicles may 
receive requests from fleet operators 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 CMV manufacturers from their obligation to 
certify FMVSS compliance. It recommended the Agency clarify in the 
terms and conditions of the exemption the responsibilities of carriers, 
manufacturers, and repair facilities, and the limitations and the 
conditions under which modifications may be made. NTEA specifically 
requested that FMCSA ``make clear that [this] exemption does not 
currently change any NHTSA regulations applying to the certification of 
federal motor vehicle safety standards,'' if it grants the exemption.
    Intellistop supported the Applicant's request for exemption. It 
commented that for over 20 years, multiple States have allowed pulsing 
or flashing of brake lamps. Intellistop also asserted many State driver 
training schools recommend tapping brakes to warn other drivers when a 
CMV is slowing or stopping. Intellistop stated that it is unlikely that 
other motorists would confuse the use of their module with the 
recommendation to tap brakes when a CMV is slowing or stopping, as 
``[s]eeing brake lights flash is a commonly communicated method to 
alert other drivers that a vehicle is slowing down or stopping.''
    Twenty-one additional comments were submitted 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. Several commenters noted that 37 States currently allow 
brake lamps to flash. In addition, three commenters noted that the 
guidelines developed by the American Driver and Traffic Safety 
Education Association advise driving instructors to teach new drivers 
to pulse brake lamps when stopping to improve visibility.

V. FMCSA Equivalent Level of Safety Analysis

    Gemini petitions FMCSA to grant an exemption from 49 CFR 
393.25(e)--requiring certain exterior lamps to be steady burning--to 
allow it to operate CMVs equipped with Intellistop's module. FMCSA has 
determined that in order for Gemini to operate vehicles in compliance 
with the FMCSRs, an exemption from 49 CFR 393.25(e) must be accompanied 
by limited exemptions from 49 CFR 393.11(a) and 393.25(c), both of 
which mandate that required lamps on CMVs operated in interstate 
commerce must, ``at a minimum, meet the applicable requirements of 49 
CFR 571.108 (FMVSS No. 108) in effect at the time of manufacture of the 
vehicle.'' FMCSA grants exemptions only when it determines ``such 
exemption[s] would likely achieve a level of safety that is equivalent 
to, or greater than, the level that would be achieved absent the 
exemption[s].''
    Rear-end crashes generally account for approximately 30 percent of 
all crashes. They often result from a failure to respond (or delays in 
responding) to a stopped or decelerating lead vehicle. Data on crashes 
that occurred 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.4 5 FMCSA is deeply 
interested in the development and deployment of technologies that can 
reduce the frequency, severity, and risk of rear-end crashes.
---------------------------------------------------------------------------

    \4\ 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), 
available at: https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/811628.
    \5\ 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), 
available at: https://crashstats.nhtsa.dot.gov/Api/Public/Publication/812497.
---------------------------------------------------------------------------

    Both FMCSA and NHTSA have examined alternative rear-signaling 
systems to reduce the incidence of rear-end crashes. While research 
efforts concluded that improvements in the incidence of rear-end 
crashes could be realized through certain rear-lighting systems that 
flash,\6\ the FMCSRs do not currently permit the use of pulsating, 
brake-activated lamps on the rear of CMVs. FMCSA believes that the two 
agencies' previous research programs demonstrate that rear-signaling 
systems may be able to ``improve attention getting'' to reduce the 
frequency and severity of rear-end crashes. Any possible benefit must 
be balanced against a possible risk of increased driver distraction and 
confusion. In balancing these interests, the Agency was compelled to 
deny the Intellistop application for exemption because the industry-
wide scope of the request was too broad for the Agency to effectively 
monitor for the potential risk of driver distraction or confusion.
---------------------------------------------------------------------------

    \6\ Expanded Research and Development of an Enhanced Rear 
Signaling System for Commercial Motor Vehicles: Final Report, 
William A. Schaudt et al. (Apr. 2014) (Report No. FMCSA-RRT-13-009).
---------------------------------------------------------------------------

    The Agency acknowledges the limitations of the research studies 
completed to date and the overall data deficiencies in this area. 
Nonetheless, as noted in its Intellistop decision, the Agency 
recognizes that existing data do suggest a potential safety value in 
the use of alternative rear-signaling systems, generally. Specifically, 
FMCSA considered NHTSA's research concerning the development and 
evaluation of rear-signaling applications designed to reduce the 
frequency and severity of rear-end crashes via enhancements to rear-
brake lighting. The study examined enhancements for (1) redirecting 
drivers' visual attention to the forward roadway (for cases involving a 
distracted driver) and (2) increasing the saliency or meaningfulness of 
the brake signal (for inattentive drivers).\7\ The research considered 
the attention-getting capability and discomfort glare of a set of 
candidate rear brake lighting configurations using driver judgments and 
eye-drawing metrics. The results of this research served to narrow the 
set of candidate lighting configurations to those that would most 
likely be carried forward for additional on-road study. Based on 
subjective participant responses, this research indicates some form of 
flashing or variation in brake light brightness may be more than two 
times more attention-getting than the baseline, steady-burning brake 
lights for distracted drivers.\8\
---------------------------------------------------------------------------

    \7\ See NHTSA Study--Evaluation of Enhanced Brake Lights Using 
Surrogate Safety Metrics https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/811127.pdf.
    \8\ Ibid. While data demonstrated that brighter flashing lights 
were the most attention-getting combination for distracted drivers 
in this study, flashing lights with no increase in brightness were 
still more effective at capturing a distracted driver's attention 
than the baseline steady-burning brake lamps. 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.

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

[[Page 40532]]

    While some of the data collected in the study may not be 
statistically significant, the study results nonetheless indicate that 
additional efforts to get drivers' attention when they are approaching 
the rear of a CMV that is stopping may be helpful to reduce driver 
distraction and, ultimately, rear-end crashes. This was among several 
reasons why researchers concluded that the promising nature of enhanced 
brake lighting systems warranted additional work and research. FMCSA 
believes the acquisition of relevant data through real-world monitoring 
is of critical importance as the Agency continues to seek new and 
innovative options for reducing crashes. This is particularly true 
given the data limitations noted in previous studies.
    Despite finding a potential safety value in the use of alternative 
rear-signaling technology, in the Intellistop decision the Agency 
determined that the data presently available did not justify an 
exemption to allow all interstate motor carriers to alter the 
performance of an FMVSS-required lighting device (i.e., stop lamps) on 
any CMV. In contrast, however, Gemini's application requests an 
exemption from the steady-burning brake lamp requirement for CMV 
operations by only one interstate motor carrier. As FMCSA noted in its 
denial of Intellistop's industry-wide exemption application, individual 
motor carrier exemption requests more closely align with FMCSA and 
NHTSA authorities to ensure compliance with all other applicable 
regulations and with the safety performance of the smaller population 
of affected motor carriers. With an individual motor carrier exemption, 
the Agency can also more easily monitor compliance with terms and 
conditions intended to ensure operations conducted under the exemption 
do in fact provide an equivalent level of safety. Gemini's application 
demonstrates why this is particularly true, since the vehicles operated 
by Gemini under the exemption would be easily identifiable, and 
compliance with NHTSA's ``make inoperative'' prohibition and other 
related regulations could be readily checked.
    The Agency's decision to grant this exemption is based on the data 
suggesting enhanced rear signal systems, such as pulsing brake lights, 
may help reduce the frequency and severity of rear-end crashes, as well 
as on the limited number of vehicles operating under the exemption. 
Gemini currently operates a nationwide fleet of approximately 1,200 
vehicles, primarily fuel haulers. The installation of the module on a 
finite number of CMVs operated by a single motor carrier provides the 
opportunity for the Agency to collect data on the effects of pulsing 
brake lights in real-world conditions. The terms and conditions FMCSA 
imposes through this exemption will ensure appropriate Federal 
oversight in the use of these devices on a finite number of CMVs 
utilizing a phased in approach.
    Initially restricting the application of this exemption to a 
limited portion of Gemini's fleet will allow for a comparison between 
the crash involvement of Gemini CMVs equipped with the Intellistop 
device, those without the device, and the overall crash involvement of 
CMVs operated by similarly sized motor carriers with similar operations 
and overall safety performance. Data collected through this exemption 
and any other similar exemptions the Agency may grant in the future 
will allow for an evaluation of how the Intellistop module may improve 
following vehicle driver responses to CMV braking. Consideration of the 
scope of any particular carrier's operation and the number and types of 
vehicles the carrier operates are critical to ensuring FMCSA gathers 
the most relevant data as the Agency considers safety benefits gained 
by the deployment of these rear brake lamp systems in CMV operations. 
The Agency's incremental approach in granting this limited exemption 
will also allow FMCSA to investigate and respond as appropriate to any 
incidents of alleged driver confusion attributable to use of the brake 
lamp systems in CMV operations, which some commenters have raised as a 
potential concern.
    FMCSA acknowledges that all other pulsating rear lamp exemptions 
the Agency previously granted involved the addition of non-mandatory 
auxiliary lights while the Intellistop module that Gemini seeks to 
install alters the functionality of original equipment manufacturers' 
lamps. Nonetheless, those previous exemptions are instructive, most 
notably Groendyke.
    The Groendyke exemption involved auxiliary lamps rather than 
required lighting, but, like the Intellistop module, the modulation of 
the auxiliary lamps in the Groendyke exemption occurs during braking. 
More importantly, Groendyke also involved a technology with limited 
supporting data being installed on a finite number of CMVs of a single 
motor carrier, which allowed the Agency more realistically to monitor 
the exemptee's compliance with other applicable regulations. When 
granting the exemption, FMCSA found Groendyke's experience with brake-
activated pulsating warning lamps, which resulted in a 33.7 percent 
reduction in rear-end crashes, to be compelling. Through the granting 
of the Groendyke exemption, the Agency was able to collect additional 
valuable real-world data about the operation of the module at issue. 
Similarly, limited exemptions with narrowly tailored terms and 
conditions permitting the use of the Intellistop module will allow the 
Agency to collect data about the reliability and safety benefits of an 
integrated alternative rear-signaling system.
    FMCSA notes that Gemini failed to provide any evidence beyond what 
is publicly available about the integration of the Intellistop module 
with its CMVs' existing systems or to support the claim that a 
malfunction of the device would result in the brake lights returning to 
OEM functionality. Nonetheless, based on the Agency's understanding of 
the device's design and assertions made in publicly available 
materials, FMCSA believes concerns about both the reliability and 
integration of the device are sufficiently alleviated in this instance 
because of the narrow scope of the exemption and the stringent 
requirements imposed by the Agency in the terms and conditions. Any 
evidence that module failure results in anything less than a return to 
brake light OEM functionality will result in revocation of the 
exemption.
    Likewise, granting this exemption to an easily identifiable carrier 
alleviates concerns the Agency previously articulated about its 
inability to monitor compliance with NHTSA's ``make inoperative'' 
prohibition. FMCSA can monitor compliance with this exemption and 
ensure that only Gemini installs the module on its own CMVs.
    Notwithstanding the promise the Agency sees in this technology, 
exemptions are warranted only if the applicant can demonstrate that an 
equivalent level of safety likely will be maintained. For this reason, 
the Agency believes it is important to consider the safety record of 
the applicant motor carrier. Gemini's existing on-road safety 
performance record warrants granting this exemption, to collect safety 
performance data in a limited set of operations. Gemini's out-of-
service rate is well below the national average, with a vehicle out-of-
service rate of only 3.0 percent (national average--21.4

[[Page 40533]]

percent), a driver out-of-service rate of only 0.4 percent (national 
average--6 percent), and hazardous material out-of-service rate of 0.2 
percent (national average--4.5 percent). Gemini maintains a 
Satisfactory safety rating.
    FMCSA has authority to grant temporary exemptions to the FMCSRs 
only to motor carriers and not to CMV manufacturers or vehicle 
alterers. FMCSA acknowledges that the research described above did not 
fully address all of the implications of allowing pulsating stop lamps, 
especially by automobiles where stop lamp design is stylized and often 
brand-specific, and that it remains unclear whether deviation from the 
uniform brake-light patterns of CMVs may cause confusion among highway 
users when the lamps are pulsated during braking. When Intellistop 
sought an industry-wide exemption, FMCSA concluded that the potential 
risks of widespread adoption outweighed the potential benefits. But 
FMCSA reaches a different conclusion here, where any risks will be more 
limited and easier to monitor. FMCSA notes, moreover, that the research 
suggests that the use of rear-signaling systems may be a means to 
reduce the frequency and severity of rear-end crashes involving CMVs, 
as do the reductions in rear-end crashes reported by Groendyke (84 FR 
17910, April 26, 2019) utilizing an auxiliary flashing rear-signaling 
system. These facts and the specific safety record of the applicant 
motor carrier support the conclusion that permitting the use of 
Intellistop's pulsating-lamp module among a finite number of vehicles 
of a single motor carrier, subject to terms and conditions for 
monitoring, is likely to achieve a level of safety that is equivalent 
to, or greater than, the level of safety achieved without the 
exemption.

VII. Exemption Decision

a. Grant of Exemption

    FMCSA has evaluated Gemini's exemption application and the comments 
received. The Agency believes that granting a temporary exemption to 
393.25(e), and temporary limited exemptions to the requirements of 49 
CFR 393.11(a) and 393.25(c) to allow Gemini to operate a defined and 
limited number of CMVs equipped with Intellistop's pulsating-brake 
module will likely achieve a level of safety that is equivalent to, or 
greater than, the level of safety achieved without the exemption.
    This exemption is restricted to a finite number of vehicles in 
Gemini's fleet and provides relief from the steady burning requirement 
for rear clearance, identification, and brake lamp activation for 2 
seconds following brake activation. All other FMVSS No. 108 
requirements cross-referenced or incorporated within the FMCSRs remain 
in effect, with a limited exception to the requirement exempted here in 
393.11(a) and 393.25(c) for only the first two seconds of brake 
engagement. In addition, through the terms and conditions, FMCSA will 
be able to monitor to performance of these CMVs to determine whether 
they were involved in a crash and whether they appear to be 
overrepresented in crashes compared to a control group (Gemini vehicles 
that are not equipped with the Intellistop unit but are operating on 
similar routes with similar schedules, etc.).
    The Agency has evaluated the application and hereby grants the 
exemption for a 5-year period, beginning May 10, 2024 and ending May 
12, 2029. During the temporary exemption period, Gemini (Applicant) may 
operate CMVs, equipped with Intellistop's module that pulses the rear 
brake, clearance, and identification lamps from a lower-level lighting 
intensity to a higher-level lighting intensity 4 times in 2 seconds. 
This grant applies only to the ``steady-burning'' requirement as 
specified in FMVSS 108 S7.3, and Tables I-a, I-b, and I-c. All other 
photometric and requirements for stop lamps specified in FMVSS 108 must 
still be met.

b. Terms and Conditions of the Exemption

(i) Installation of the Intellistop Module
    The Applicant is responsible for installing the Intellistop module 
and assumes any liability for installation of the module. This 
exemption applies only to CMVs owned and operated by the Applicant. THE 
PRODUCT MUST BE INSTALLED BY THE OWNER OF THE VEHICLE ONLY. IN 
ACCORDANCE WITH FEDERAL LAW (49 U.S.C. 30112(a)(1) AND 49 U.S.C. 
30122), THE PRODUCT MAY NOT BE INSTALLED BY ANY MANUFACTURER, 
DISTRIBUTOR, DEALER, RENTAL COMPANY, OR MOTOR VEHICLE REPAIR BUSINESS.
    The Applicant may not install the Intellistop module on more than 
25% of its power units, and 25% of its trailers during the first year 
of operation under the exemption, or on more than 50% of its power 
units, and 50% of its trailers during the second year. The Applicant 
shall provide the vehicle identification numbers for the power units 
and trailers that will be operating under the exemption.
    The Applicant must maintain a control group of equal size to 
portion of its power units and trailers equipped with the Intellistop 
unit during the first 2 years of the exemption. And the CMVs in the 
control group would operate on routes with schedules that are similar 
to those of the Intellistop vehicles.
    Installed modules may only be used to modulate rear clearance, 
identification, and stop lamps.
    Within 30 business days of its first installation of the 
Intellistop module, the Applicant must notify the FMCSA via email at 
[email protected] of the number and type of CMVs it is operating, or 
intends to operate, with the Intellistop module installed; the module 
type and/or sub-type; and any trouble-shooting, repair, or other use of 
an Intellistop module covered by this exemption. Amended installation 
information, including CMVs on which the device is installed or 
uninstalled, may then be submitted via the quarterly submission 
specified in sub-paragraph (iv) Recurring Reporting Requirements below.
    If the Applicant sells or transfers ownership of any CMV equipped 
with an Intellistop module under this exemption, or if the exemption is 
terminated for any reason, the Applicant must remove the module and 
restore the CMV to full compliance with the FMCSRs and FMVSSs prior to 
the transfer of ownership, or upon termination of the exemption. The 
Applicant must also certify in writing to the purchaser/transferee and 
FMCSA that the CMV has been restored to compliance with the FMCSRs and 
FMVSSs.
(ii) Driver Pre-Trip Vehicle Inspections
    The Applicant must ensure that each driver of an Intellistop-
equipped CMV performs a pre-trip inspection to confirm that the 
Intellistop module operates only for 2 seconds and does not interfere 
with the normal operation of lamps after 2 seconds. If the lamps are 
not steady burning after 2 seconds, the CMV must not be dispatched 
until repairs are made. At the end of each workshift, drivers must note 
any problems observed by or reported to the driver concerning the 
Intellistop module on a driver vehicle inspection report (see 49 CFR 
396.11), and the motor carrier must correct the problem before the 
vehicle is dispatched again.
(iii) Safety Notification to FMCSA
    The Applicant will notify FMCSA within 5 business days after it 
becomes aware, or otherwise determines, that the continued use of a 
module or entire type or subtype of module covered by this

[[Page 40534]]

exemption is no longer likely to maintain a level of safety that is at 
least equivalent to the level that would be achieved absent this 
exemption. Notification will be made by sending an email to FMCSA at 
[email protected].
(iv) Recurring Reporting Requirements
    During the exemption period, the Applicant will provide quarterly 
submissions to FMCSA of the data described below. The Applicant's first 
quarterly submission is due on August 12, 2024, and thereafter will be 
due every 3 months, on the first business day of the month. The first 
quarterly submission will include the required data beginning 60 days 
prior to the date of module installation. All quarterly submissions 
will include data through at least the 14th day (inclusive) of the 
month immediately preceding the submission. Unless otherwise agreed to 
by FMCSA, quarterly submissions will be sent via email to FMCSA at 
[email protected]. If the Applicant does not have one or more categories of 
information described below, it will, within 20 days of the effective 
date of this exemption, discuss with FMCSA other available information. 
If the Agency accepts such alternative information, the Applicant will 
submit that data in lieu of the information specified below.
    In the quarterly submission, the Applicant must provide FMCSA the 
following information known to the Applicant regarding all crashes and 
other incidents (``crash or incident'') involving a CMV equipped with 
an Intellistop module covered by this exemption where the Intellistop 
module is potentially implicated. Crashes involving a CMV equipped with 
an Intellistop module that are ``head-on'' or otherwise involve only 
the front of the Intellistop-equipped CMV impacting some other object 
(such that the Intellistop module, without question, could not be 
implicated) are not subject to this condition. For the first quarterly 
submission, data must include any crash or incident occurring in the 60 
days prior to installation of the Intellistop module that would have 
been contained in this reporting category had the module been installed 
at the time of the crash or incident. The Applicant's knowledge 
includes, but is not limited to: (1) outreach from a consumer, lawyer, 
or any other person or organization (via letter, email, fax, telephone 
call, social media, or any other medium); (2) lawsuits to which the 
Applicant is a party, or otherwise knows exist where an Intellistop 
module covered by this exemption is an issue in the litigation; and (3) 
insurance claims against the Applicant related to use of the 
Intellistop module. When in the Applicant's possession, information 
provided to FMCSA shall include:
    1. The date of first contact regarding, or the Applicant's first 
awareness of, the crash or incident;
    2. The date of the most recent follow-up contact, if any, between 
the Applicant and the other party;
    3. The date, time, and location of the crash or incident;
    4. A brief description of the crash or incident; and
    5. The Intellistop module type and/or subtype(s) involved in the 
crash or incident.
    6. Information, if any, indicating that the Intellistop module is, 
or was, not working as intended, or caused confusion or a roadway 
hazard for either the consumer or other motorists.
    Annual data. At the end of each 12-month period this exemption is 
in effect, the Applicant shall, within 60 days, submit a report 
detailing all information in its possession regarding crash rates and 
vehicle miles traveled by CMVs equipped with a module covered by this 
exemption. Additionally, the report will specify the number and type of 
CMVs the Applicant is operating under the exemption, the module type or 
sub-type installed on each CMV, the affected lamps (rear clearance, 
identification, and/or brake lamps), the number of covered vehicles 
sold or transferred in ownership during the 12-month reporting period, 
and a statement certifying that any sold/transferred vehicle(s) have 
been restored to compliance with applicable FMVSSs and FMCSRs.
    Meetings. The Applicant shall, at FMCSA's request, meet with FMCSA 
to answer questions regarding data and information provided by the 
Applicant under this exemption.
(v) Early Termination
    The exemption will be valid for 5 years from the date of issuance 
unless rescinded earlier by FMCSA. FMCSA will terminate the exemption 
if: (1) the Applicant fails to comply with its terms and conditions; 
(2) the exemption results 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).
(vi) Notification From the Public
    Interested parties possessing information that would demonstrate 
that Gemini's CMVs equipped with Intellistop's pulsating rear-light 
module may not be 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.
(vii) Non-Endorsement
    This limited and conditional exemption does not constitute an 
endorsement of the Intellistop product by FMCSA, NHTSA, the U.S. DOT, 
or any of their components, or by any of these agencies' employees or 
agents. As a condition of the continued effectiveness of this 
exemption, Intellistop is expressly prohibited from describing its 
product as approved by, endorsed by, or otherwise authorized by FMCSA, 
NHTSA, or U.S. DOT, or as compliant with Federal safety regulations.

VIII. 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.

Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-10270 Filed 5-9-24; 8:45 am]
BILLING CODE 4910-EX-P