[Federal Register Volume 90, Number 219 (Monday, November 17, 2025)]
[Notices]
[Pages 51430-51432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-19937]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0122]


Parts and Accessories Necessary for Safe Operation; Exemption 
Renewal for Grote Industries, LLC

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

ACTION: Notice of final disposition; renewal of exemption.

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SUMMARY: FMCSA announces its final decision to renew an exemption 
requested by Grote Industries, LLC (Grote) to allow motor carriers to 
use Grote's amber brake-activated auxiliary pulsating lamp on the rear 
of their commercial motor vehicles (CMVs) in addition to the steady-
burning brake

[[Page 51431]]

lamps required by the Federal Motor Carrier Safety Regulations 
(FMCSRs). The exemption is renewed for 5 years, unless revoked earlier.

DATES: This renewed exemption is effective from December 3, 2025, and 
expires on December 2, 2030.

FOR FURTHER INFORMATION CONTACT: Mr. David Sutula, Chief, FMCSA Vehicle 
and Roadside Operations Division, Office of Carrier, Driver, and 
Vehicle Safety Standards; (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

Viewing Comments and Documents

    To view any documents mentioned as being available in the docket, 
go to https://www.regulations.gov/docket/FMCSA-2020-0122/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.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from the Federal Motor Carrier Safety Regulations (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 the applicant's safety analyses. 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 absent such exemption, pursuant to the standard set forth in 
49 U.S.C. 31315(b)(1). The Agency must publish the decision in the 
Federal Register (49 CFR 381.315(b)). If granted, the notice will 
identify the regulatory provision from which the applicant will be 
exempt and the effective period and will explain all terms and 
conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is 
denied, the notice will explain the reason for the denial (49 CFR 
381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)).

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 
CMVs transporting oversized loads, and warning lamps on emergency and 
service vehicles authorized by State or local authorities.

IV. Application for Renewal of Exemption

    The renewal application from Grote was described in detail in a 
Federal Register notice on January 17, 2025, (90 FR 6046) and will not 
be repeated here as the facts have not changed since that time.

V. Public Comments

    The Agency received eight comments to the public docket, six in 
support of the exemption and two opposing it.
    Several organizations expressed strong support for the renewal of 
the exemption, citing the safety benefits observed in real-world 
applications. Amazon and Schneider National reported significant 
reductions in rear-end collisions after equipping their fleets with 
Grote's amber auxiliary brake-activated pulsating lamps. These 
organizations commented how the technology has enhanced visibility, 
improving the safety of both drivers and the general public. 
Additionally, the American Trucking Associations emphasized the need 
for innovative safety solutions and believes that the data gathered 
from these lamps could help pave the way for integrating such 
technologies into standard industry practices. Overall, proponents 
commented that the lamps have proven to enhance safety and reduce 
accident severity, making the exemption a worthwhile measure.
    Two commenters questioned the effectiveness and appropriateness of 
the amber brake-activated pulsating lamps. One individual commented 
that amber flashing lights, traditionally associated with oversized 
loads or cautionary situations, may confuse drivers and lead to 
overreaction, especially in emergency braking scenarios. AWM 
Associates, LLC (AWM) also noted that federal regulations already 
require red brake lights for clear communication of a vehicle's braking 
status, and commented that amber lights, with no clear mandate for 
operation, may serve as an unnecessary addition with limited safety 
value. AWM believes that the exemption creates unnecessary complexity 
and could lead to more confusion on the road, rather than improving 
safety. AWM commented that regulatory changes should be made to 
incorporate such lights into standard safety measures rather than 
granting exemptions.

VI. Agency Decision

    FMCSA is not aware of any evidence showing that the operation of 
brake-activated auxiliary pulsating lamps on trailers and van body 
trucks in accordance with the conditions of the original exemption has 
resulted in any degradation in safety. FMCSA acknowledges the concerns 
that the use of amber brake-activated pulsating warning lamps may lead 
to confusion among drivers; however, the available data reported by the 
petitioner indicates that despite any potential for confusion among 
drivers, the auxiliary brake-activated lamps are associated with 
improvements in both crash frequency and outcomes for the CMVs equipped 
with the technology. FMCSA believes that the FMCSA and NHTSA research 
programs examining the ability of alternative rear-signaling systems to 
reduce the frequency and severity of rear-end crashes provide a 
sufficient basis to conclude that implementation of amber brake-
activated auxiliary pulsating warning lamps on the rear of trailers and 
van body trucks, in addition to the steady-burning brake lamps required 
by the regulations, is likely to achieve a level of safety that is 
equivalent to, or greater than, the level of safety achieved without 
the exemption.
    Therefore, for the reasons discussed above and in the prior notice 
granting the original exemption request, FMCSA concludes that renewing 
the exemption on the terms and conditions set forth in this exemption 
renewal decision, will likely 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 renews the exemption for five (5) years subject to the terms 
and conditions of this decision. The exemption from the requirements of 
49

[[Page 51432]]

CFR 393.25(e) is effective December 3, 2025, through December 2, 2030, 
11:59 p.m. ET.
    During the exemption period, motor carriers may install Grote's 
auxiliary brake-activated pulsating warning lamps on the rear of 
trailers and van body trucks, in addition to the steady-burning brake 
lamps required by the FMCSRs.

B. Terms and Conditions

    1. This exemption applies only to motor carriers operating trailers 
and van body trucks equipped with Grote's auxiliary brake-activated 
pulsating lamps under the terms herein.
    2. Motor carriers operating under this exemption may use Grote's 
auxiliary brake-activated warning lamps in the following configurations 
on trailers and van body trucks:
    a. Upper Pair: Two auxiliary brake-activated warning lamps centered 
about the trailer's centerline, positioned 6-12 inches from the 
centerline of the outermost identification (ID) lamps, and collinear 
with the three-ID-lamp cluster.
    b. Single Lower Lamp: One auxiliary brake-activated warning lamp 
centrally located on or below the rear sill, collinear with the stop/
tail/turn lamps.
    c. Upper Pair + Single Lower Lamp: Both the upper pair (as 
described in (1)) and a single auxiliary brake-activated warning lamp 
(as described in (2)).
    d. Lower Pair: Two auxiliary brake-activated warning lamps centered 
about the trailer's centerline, located on or below the rear sill.
    e. Upper Pair + Lower Pair: Both the upper pair (as described in 
(1)) and the lower pair (as described in (4)).
    3. The Grote auxiliary brake-activated pulsating lamps used under 
this exemption must:
    a. Be amber in color and function as a Class II strobe (pulsate) 
for up to four seconds when the brake is applied.
    b. Transition to a steady red for the duration of the brake circuit 
activation.
    c. Remain off when the brake circuit is inactive.
    d. Be in addition to the steady-burning brake lamps required by the 
FMCSRs.
    4. Grote is required to provide a list of the USDOT numbers of the 
motor carriers using its auxiliary brake-activated pulsating lamps to 
[email protected] on an annual basis.
    5. Grote must meet with FMCSA on request to answer questions 
regarding reporting requirements provided under the exemption.

VIII. 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.

IX. Termination

    The exemption will be rescinded if: (1) Grote or motor carriers 
operating under the exemption 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(e) and 31315(b).
    Interested parties possessing information that would demonstrate 
that the use of Grote's amber brake-activated pulsating lamp on the 
rear of the trailer and van body trucks 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.

Derek D. Barrs,
Administrator.
[FR Doc. 2025-19937 Filed 11-14-25; 8:45 am]
BILLING CODE 4910-EX-P