[Federal Register Volume 89, Number 125 (Friday, June 28, 2024)]
[Notices]
[Pages 54147-54150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14335]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0223]


Parts and Accessories Necessary for Safe Operation; Exemption 
Renewal for Groendyke Transport, Inc.

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

ACTION: Notice of provisional renewal of exemption; request for 
comments.

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SUMMARY: FMCSA announces its decision to provisionally renew Groendyke 
Transport, Inc.'s (Groendyke) exemption to allow the use of an amber 
brake-activated pulsating lamp on the rear of its trailers in addition 
to the steady-burning brake lamps required by the Federal Motor Carrier 
Safety Regulations (FMCSR). The exemption is renewed for 6 months, 
unless revoked earlier.

DATES: This renewed exemption is effective April 26, 2024, through 
October 26, 2024, unless revoked earlier. Comments must be received on 
or before July 29, 2024.

ADDRESSES: You may submit comments identified by docket number FMCSA-
2018-0223 using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2018-00223/document. Follow the online 
instructions for submitting comments.
     Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Washington, DC 20590-0001.
     Hand Delivery or Courier: Dockets Operations, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, West Building, 
Ground Floor, Washington, DC 20590-0001, between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.

FOR FURTHER INFORMATION CONTACT: Mr. David Sutula, Chief, Vehicle and 
Roadside Operations Division, Office of Carrier, Driver, and Vehicle 
Safety, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001; 
(202) 366-9209; [email protected]. If you have questions on viewing or 
submitting material to the docket, call Dockets Operations at (202) 
366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2018-0223), 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 https://www.regulations.gov/docket/FMCSA-2018-0223/document, click on this notice, click 
``Comment,'' 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. Comments received after the comment closing date will 
be filed in the public docket and will be considered to the extent 
practicable.
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 Brian Dahlin, Chief,

[[Page 54148]]

Regulatory Evaluation Division, Office of Policy, FMCSA, 1200 New 
Jersey Avenue SE, Washington, DC 20590-0001 or via email at 
[email protected]. 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.

B. Viewing Comments and Documents

    To view any documents mentioned as being available in the docket, 
go to https://www.regulations.gov/docket/FMCSA-2018-0223/document 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 online by visiting Dockets Operations 
on the ground floor of the DOT West Building, 1200 New Jersey Avenue 
SE, Washington, DC 20590-0001, 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.

C. Privacy

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments 
from the public to better inform its regulatory process. DOT posts 
these comments, including any personal information the commenter 
provides, to www.regulations.gov, as described in the system of records 
notice DOT/ALL 14 (Federal Docket Management System (FDMS)), which can 
be reviewed under the ``Department Wide System of Records Notices'' at 
https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments are posted without edit and are 
searchable by the name of the submitter.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b)(2) and 49 
CFR 381.300(b) to renew an exemption from the FMCSRs for subsequent 
periods of up to 5 years if it finds that such exemption would likely 
maintain a level of safety that is equivalent to, or greater than, the 
level that would be achieved by the current regulation (49 CFR 
381.305(a)).

III. Background

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 
commercial motor vehicles (CMV) transporting oversized loads, and 
warning lamps on emergency and service vehicles authorized by State or 
local authorities.

Original Exemption

    In its original exemption application, Groendyke evaluated methods 
to reduce rear-end collisions involving its trailers. Groendyke drivers 
transporting hazardous materials are required to slow down or stop at 
railroad crossings. However, following drivers are not always prepared 
for these stops, resulting in rear-end crashes. Groendyke's inability 
to control other drivers' actions meant that the problem could not be 
solved through its internal training procedures. Consequently, it 
prioritized enhancing visibility by improving its trailers' braking 
systems to alert other drivers more effectively.
    Groendyke is a carrier of flammable fuel and liquid hazardous 
materials that operates a fleet of approximately 1,440 trailers and 
employs over 1,200 individuals, including around 900 drivers. In its 
efforts to enhance safety, Groendyke proposed installing an amber 
brake-activated pulsating lamp at the rear of its trailers, signaling 
to following drivers that the vehicle is slowing down or coming to a 
stop. Groendyke specified that the brake-activated pulsating lamp would 
be positioned in the upper center portion of the trailer.
    In support of its application, Groendyke contended that the 
addition of the brake-activated pulsating lamp would improve safety, 
and cited (1) research suggesting that pulsating brake lamps in 
addition to steady-burning red brake lamps improve visibility and 
prevent accidents, (2) its own experience demonstrating that pulsating 
brake lamps in addition to steady-burning red brake lamps decreased the 
frequency of rear-end accidents involving its fleet, and (3) similar 
exemptions granted for other classes of vehicles.
    Groendyke referenced research conducted by the National Highway 
Traffic Safety Administration (NHTSA) concerning rear-end collisions, 
distracted driving, and braking signals. According to Groendyke, NHTSA 
research reveals that enhancements to braking systems can significantly 
improve their effectiveness in capturing the attention of following 
drivers, thereby reducing rear-end collisions. Specifically, Groendyke 
states the addition of a pulsating brake lamp on a leading vehicle has 
been shown to have a measurable impact on the behavior of following 
drivers, leading to faster and more efficient responses and ultimately 
preventing or mitigating rear-end collisions.
    Starting in the second quarter of 2015, Groendyke initiated the use 
of amber brake-activated pulsating lamps on a portion of its fleet, 
without prior authorization from the FMCSA, as a part of the 
``Groendyke Brake Warning Device Campaign.'' Groendyke initiated this 
effort to compare the frequency of rear-end collisions between trailers 
equipped with centrally mounted auxiliary amber brake-activated 
pulsating lamps (in addition to the required red steady-burning brake 
lamps), and those equipped exclusively with the required red steady-
burning lamps. By July 31, 2017, 632 out of 1,440 trailers had been 
outfitted with the auxiliary amber brake-activated pulsating lamps.
    Data collected by Groendyke between January 2015 and July 2017 as 
part of the ``Groendyke Brake Warning Device Campaign'' demonstrated 
that trailers equipped with both the auxiliary amber brake-activated 
pulsating lamp and red steady-burning brake lamps were involved in 33.7 
percent fewer rear-end collisions compared to those equipped only with 
red steady-burning brake lamps. Groendyke also analyzed whether the 
presence of the auxiliary amber brake-activated pulsating lamp improved 
outcomes during slowing or stopping at railroad crossings. The analysis 
revealed that trailers equipped with pulsating lamps were not involved 
in any rear-end collisions at railroad crossings during the same 
period. Groendyke did not present any information on crash rates at 
railroad crossings for trailers not equipped with the pulsating lamps 
for FMCSA to make a comparison of effectiveness at rail crossings.
    Groendyke concluded that the results of its ``Groendyke Brake 
Warning Device Campaign'' show a significant reduction in the frequency 
of rear-end collisions when trailers are equipped with auxiliary amber 
brake activated pulsating lamps in addition to the steady-burning red 
brake lamps required by the FMCSRs. These auxiliary pulsating lamps, 
according to Groendyke, effectively draw other drivers' attention to 
the actions of the vehicle in front, enhancing safety and, in the 
process, productivity.

Exemptions for Other Classes of Vehicles

    Groendyke noted in its application that the current regulations (49 
CFR

[[Page 54149]]

393.25(e)) exempt tow trucks, CMVs transporting over-sized loads, and 
emergency vehicles from the requirement that all exterior lamps be 
steady-burning. In the original exemption application, Groendyke argued 
that granting a similar exemption for carriers of hazardous loads would 
align with the intent of that regulation. Groendyke emphasized that 
this additional brake lamp would not compromise safety and that 
adherence to the exemption's terms and conditions would achieve a level 
of safety equivalent to or greater than the level of safety achieved 
without the exemption.
    On April 26, 2019, following notice and consideration of the 
comments received, FMCSA granted Groendyke a 5-year exemption after 
determining that the use of an amber brake-activated pulsating lamp 
positioned in the upper center portion of the trailer, in addition to 
the steady-burning brake lamps required by the FMCSRs, would likely 
maintain a level of safety that is equivalent to or greater than the 
level of safety achieved without the exemption (84 FR 17910). In its 
decision, FMCSA noted that rear-end crashes, which account for 
approximately 30% of all crashes, are a significant concern, especially 
when large trucks are involved. 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.
    Research conducted by both FMCSA and NHTSA explored alternative 
rear signaling systems to address this issue. Specifically, FMCSA 
conducted research and development on Enhanced Rear Signaling (ERS) 
systems, which showed promise. However, the FMCSA ultimately decided 
not to pursue formal field operational testing of the prototype system 
due to concerns about implementation costs and fleets' willingness to 
invest in the technology. 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 the rear of 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 attentive drivers). The 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.
    In addition, NHTSA has conducted research on the effectiveness of 
rear turn signal color on the likelihood of being involved in a rear-
end crash. 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 rear turn signals was shown to be 
statistically significant.
    Because of the risks posed by rear-end crashes, the potential 
benefits of ERS suggested by existing studies, and the value of real-
world data, FMCSA concluded that Groendyke's tests conducted between 
January 1, 2015, and July 31, 2017, were both persuasive and 
compelling. FMCSA noted that this real-world experience, along with the 
FMCSA and NHTSA research programs that demonstrated the potential 
ability of ERS to reduce the frequency and severity of rear-end 
crashes, was sufficient for FMCSA to conclude that the implementation 
of a supplemental amber brake-activated pulsating lamp on the rear of 
Groendyke's trailers was likely to provide a level of safety equivalent 
to, or greater than, the level of safety achieved without the 
exemption. During the temporary exemption period, Groendyke was allowed 
to install an amber brake-activated pulsating lamp positioned in the 
upper center of the rear of its trailers in addition to the steady-
burning brake lamps required by the FMCSRs.
    Finally, FMCSA imposed the following terms and conditions to ensure 
the safety of the motoring public. The exemption would be rescinded if: 
(1) Groendyke failed to comply with the terms and conditions of the 
exemption; (2) the exemption 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).

Application for Renewal of Exemption

    In its renewal application, Groendyke reaffirmed its previous 
arguments in support of the original exemption request and requested an 
additional 5-year exemption. Building upon agency reports, studies, and 
internal data, Groendyke reiterated the effectiveness of enhanced brake 
lighting in reducing rear-end accidents.
    Following its previous data collections, Groendyke continued to 
gather and analyze data from 2018 to 2023. Groendyke noted that since 
the exemption was granted, the installation of pulsating brake lamps 
has gradually expanded across its fleet. For instance, in 2018, 
Groendyke reported that 38% of its trailers had been fitted with 
additional rear brake-activated pulsating lamps. By 2023, this number 
had increased significantly, with Groendyke reporting that 93% of its 
trailers were equipped with such lamps. Following this widespread 
implementation, Groendyke reported a notable reduction in rear-end 
accidents since 2018. Based on these findings, Groendyke reached the 
following conclusions: (1) the ``Groendyke Brake Warning Device 
Campaign'' results indicated that the pulsating lamps in addition to 
steady-burning brake lamps did not lead to confusion or distraction 
among following drivers; and (2) the data shows a direct correlation 
between the utilization of auxiliary brake-activated pulsating lamps 
and a decrease in rear-end accidents, indicating the efficacy of 
auxiliary pulsating brake lamps in enhancing visibility and reducing 
accidents. Therefore, Groendyke requests renewal of the initial 
exemption, highlighting the lamps' role in enhancing safety both for 
the public and its drivers while reducing overall accident costs. A 
copy of Groendyke's request to renew the exemption is available in the 
docket.

IV. Equivalent Level of Safety Analysis

    FMCSA is not aware of any evidence showing that the operation of 
Groendyke's brake-activated pulsating lamps in accordance with the 
conditions of the original exemption has resulted in any degradation in 
safety. In addition, the data provided by Groendyke indicates a notable 
reduction in rear-ended crashes concurrent with its operation of cargo 
tank trucks equipped with an auxiliary amber brake-activated pulsating 
lamp on the rear of its trailers in addition to the

[[Page 54150]]

steady-burning brake lamps. This supports Groendyke's argument that the 
use of pulsating auxiliary lamps has not resulted in a degradation of 
safety, and Groendyke's overall operations demonstrate achievement of a 
level of safety equivalent to or greater than operations conducted 
without the exemption. Therefore, for the reasons discussed above and 
in the prior notice granting the original exemption request, FMCSA 
concludes that provisionally renewing the exemption granted on April 
26, 2019, for a subsequent 6 months, on the terms and conditions set 
forth in this exemption renewal decision, would likely achieve a level 
of safety that is equivalent to, or greater than, the level of safety 
achieved without the exemption.

V. Exemption Decision

A. Provisional Granting of Exemption Renewal

    FMCSA provisionally renews the exemption for a subsequent period of 
6 months, instead of the 5 years requested by Groendyke, subject to the 
terms and conditions of this decision and the absence of adverse 
evidence sufficiently serious to cause the Agency to revoke the 
exemption. If evidence of insufficient safety is not provided, FMCSA 
anticipates granting a full 5-year exemption when the provisional 
exemption expires. The exemption from the requirements of 49 CFR 
393.25(e) is effective April 26, 2024, through October 26, 2024, 11:59 
p.m. local time, unless revoked.

B. Applicability of Exemption

    During the temporary exemption period, Groendyke will be allowed to 
install or continue to use an amber brake-activated pulsating lamp 
positioned in the upper center of the rear of its trailers in addition 
to the steady-burning brake lamps required by the FMCSRs.

C. Terms and Conditions

    Below are the conditions applicable to the provisionally renewed 
exemption. These conditions establish requirements for reporting, data 
submission, and compliance monitoring to ensure the safe operation of 
CMVs equipped with Groendyke's brake activated pulsating lamps. Each 
condition serves to maintain safety standards while allowing for the 
continued use of these lamps under specified terms and conditions. 
Groendyke must follow the terms and conditions listed below:
    1. Limitation of Exemption:
     This exemption applies exclusively to CMVs operated by 
Groendyke Transport, Inc., and does not extend to any other motor 
carrier.
    2. Recurring Data Reporting Requirements:
     Groendyke must provide recurring yearly data submissions 
to include information on rear-impact crashes and incidents involving a 
CMV equipped with Groendyke's amber brake-activated pulsating lamps. 
The first submission is due March 31, 2025, and, if the exemption is 
extended, subsequent submissions are due every 12-months thereafter 
until the exemption expires or is revoked.
     The yearly data submissions must be sent via email to 
FMCSA at [email protected].
     If Groendyke lacks certain categories of information, 
alternative information may be discussed with FMCSA and submitted if 
approved.
    3. Data Reporting Requirements for Rear-impact Crashes and 
Incidents:
     At the end of each 12-month period, Groendyke must submit 
a report detailing crash rates, vehicle miles traveled, number and type 
of CMVs operating under the exemption, information including dates of 
the crash or incident, time, location, and a brief description of the 
event.
     Groendyke must provide any available information 
indicating malfunction of or confusion caused by the use of Groendyke's 
amber brake-activated pulsating lamps.
    4. Meetings:
     Groendyke must meet with FMCSA upon request to answer 
questions regarding data and information provided under the exemption.

D. Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation that conflicts with or is inconsistent 
with this exemption with respect to a person operating under the 
exemption. States may, but are not required to, adopt the same 
exemption with respect to operations in intrastate commerce.

E. Revocation

    The exemption will be valid for 6 months as provided in section 
V.A. above, unless revoked earlier by FMCSA. FMCSA does not believe 
that 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 
immediately revoked if: (1) Groendyke's drivers, 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 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 or 
chapter 313.
    Interested parties possessing information that would demonstrate 
that Groendyke's use of an amber brake-activated pulsating lamp 
positioned in the upper center of the rear of the trailer in addition 
to the steady-burning brake lamps required by the FMCSRs is 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 the goals and 
objectives of 49 U.S.C. 31136 or chapter 313, will take immediate steps 
to revoke the exemption.

VI. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on Groendyke's application for 
renewal of its exemption from Sec.  393.25(e). All comments received 
before the close of business on the comment closing date indicated at 
the beginning of this notice 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.

Vincent G. White,
Acting Administrator.
[FR Doc. 2024-14335 Filed 6-27-24; 8:45 am]
BILLING CODE 4910-EX-P