[Federal Register Volume 90, Number 219 (Monday, November 17, 2025)]
[Notices]
[Pages 51432-51434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-19938]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0260]
Parts and Accessories Necessary for Safe Operation; Exemption
Renewal for National Tank Truck Carriers, Inc.
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 National Tank Truck Carriers, Inc. (NTTC) to allow motor
carriers operating tank trailers to install or continue to use a red or
amber brake-activated pulsating lamp positioned in the upper center
position or in an upper dual outboard position on the rear of the
trailers, in addition to the steady-burning brake 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 October 8, 2025, and
expires on October 8, 2030.
FOR FURTHER INFORMATION CONTACT: Mr. David Sutula, Chief, FMCSA Vehicle
and Roadside Operations Division, Office of Carrier, Driver, and
Vehicle Safety Standards; (202) 961-1373; [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-2019-0260/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
[[Page 51433]]
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 NTTC was described in detail in a
Federal Register notice on August 25, 2025, (90 FR 41473) and will not
be repeated here as the facts have not changed since that time.
V. Public Comments
The Agency received fifteen comments to the public docket, thirteen
in support of the exemption, one opposing it, and one that
misunderstood the application and was non-responsive.
Several motor carriers and organizations expressed strong support,
citing both research findings and real-world data demonstrating safety
benefits. Gemini Motor Transport, Oakley Transport, Island
Transportation, and ADM Trucking (ADM) reported reductions in rear-end
collisions and improved visibility after equipping their fleets with
pulsating brake lamps. ADM specifically noted that positive results
from early adoption across 100 units led to fleetwide installation
being considered. Industry associations such as the American Trucking
Associations (ATA), Growth Energy, and Clean Fuels Alliance America
also supported the renewal, emphasizing the broader safety benefits of
improved rear signaling.
Wabash National Corporation (Wabash) supported the renewal and
referenced its separate petition to update Federal Motor Vehicle Safety
Standard (FMVSS) 108 to account for advancements in strobe light
technology. The ATA encouraged FMCSA to collaborate with its Technology
& Maintenance Council to develop recommended practices on lamp color,
placement, and flash frequency. Truck Trailer Manufacturers Association
and Wabash also urged FMCSA and the National Highway Traffic Safety
Administration (NHTSA) to ensure interagency alignment. An independent
driver supported the renewal, stating that California has permitted
flashing brake lamps since the early 1980s.
One commenter opposed renewal of the exemption, arguing the
extension should not be granted because it relied on unreliable or
inaccurate data.
Other commenters, while generally supportive, urged conditions.
Citizens United for Transportation Services emphasized that red
pulsating lamps should be preferred over amber, which would create
consistency with the color codes of the Federal Highway
Administration's Manual on Uniform Traffic Control Devices (MUTCD) and
State practices in California, Utah, and Tennessee. Most supportive
organizations, including Wabash, Clean Fuels, Growth Energy, ADM, and
AWM Associated, LLC, stated that FMCSA should revise the underlying
regulation to allow broader use of pulsating brake lamps rather than
continue case-by-case exemptions.
Overall, most commenters expressed strong support for the exemption
renewal, citing significant safety improvements in crash avoidance and
severity reduction, while a minority raised concerns over data
reliability, lamp color, or the need for regulatory consistency.
VI. Agency Decision
FMCSA has evaluated NTTC's renewal application, the supporting data
provided, and the public comments received. The Agency is not aware of
any evidence indicating that the operation of brake-activated pulsating
lamps on tank trailers under the conditions of the original exemption
has resulted in a degradation of safety. On the contrary, available
data from Groendyke Transport, Inc, and Trimac Transportation Services,
Inc. demonstrate measurable reductions in the frequency and severity of
rear-end crashes following installation of pulsating brake lamps. In
addition, the stated concerns over data reliability, lamp color, and
regulatory consistency were not supported by specific data or
information that countered the real-world data provided, which showed
safety improvements.
Accordingly, 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 for FMCSA 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. Terms and Conditions
FMCSA renews the exemption for five (5) years. The exemption from
the requirements of 49 CFR 393.25(e) is effective October 8, 2025,
through October 8, 2030, 11:59 p.m. ET. During the temporary exemption
period, motor carriers operating tank trailers will be allowed to
install or continue to use a red or amber brake-activated pulsating
lamp in the upper center position or in an upper dual outboard position
on the rear of the trailers, in addition to the steady-burning brake
lamps required by the FMCSRs.
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) Motor carriers operating
tank trailers 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 motor carriers operating tank trailers equipped with a red or
amber brake-activated pulsating lamp on the
[[Page 51434]]
rear of the tank trailer in addition to the steady-burning brake lamps
required by the FMCSRs 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 the goals and objectives of 49 U.S.C. 31136 or chapter 313, will
take immediate steps to revoke the exemption.
Derek Barrs,
Administrator.
[FR Doc. 2025-19938 Filed 11-14-25; 8:45 am]
BILLING CODE 4910-EX-P