[Federal Register Volume 91, Number 72 (Wednesday, April 15, 2026)]
[Notices]
[Pages 20252-20254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-07288]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2026-0958]
Parts and Accessories Necessary for Safe Operation; Application
for Exemption From Aurora Operations, Inc.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA requests public comment on Aurora Operations, Inc.'s
(Aurora) application for a five-year exemption to allow commercial
motor vehicles (CMVs) equipped with a Level 4 automated driving system
(ADS) to use a set of cab-mounted warning beacons in lieu of placing
reflective warning triangles or fusees around the stopped vehicle. The
exemption would apply to Aurora and to other motor carriers operating
Level 4 ADS-equipped CMVs that notify FMCSA in writing prior to
operating under the exemption. FMCSA is required by statute to publish
a notice explaining each exemption request, and such notice does not
indicate what decision FMCSA will ultimately reach on the request.
After reviewing the application, safety analyses, and public comments
submitted, FMCSA will grant or deny the exemption.
DATES: Comments must be received on or before May 15, 2026.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2026-0958 by any of the following methods:
Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, W58-213, West Building,
Washington, DC 20590-0001.
Hand Delivery or Courier: 1200 New Jersey Avenue SE, W58-
213, West Building, Washington, DC 20590-0001 between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
Fax: (202) 493-2251. Each submission must include the
Agency name and the docket number (FMCSA-2026-0958) for this notice.
Note that DOT posts all comments received without change to
www.regulations.gov, including any personal information included in a
comment. Please see the Privacy Act heading below.
Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption 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 FDMS (Federal Docket Management System (FDMS)), which
can be reviewed 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.
FOR FURTHER INFORMATION CONTACT: Mr. Vinay Nagabhushana, Acting Chief,
Vehicle and Roadside Operations Division, Office of Carrier, Driver,
and Vehicle Safety; (202) 897-8923 or [email protected]. If you have
questions on viewing or submitting material to the docket, contact
Dockets Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2026-0958), indicate the specific section of this
document to which your comment applies, and provide a reason for each
suggestion or recommendation. 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-2026-0958/document, click on this notice, click
``Comment,'' and type your comment into the text box on the following
screen.
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.
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.
B. 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, 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.
C. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to https://www.regulations.gov, insert FMCSA-2026-0958 in the keyword box, select
the document tab 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 by visiting Docket
Operations in the room W58-213 of the DOT West Building, 1200 New
Jersey Avenue SE,
[[Page 20253]]
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., 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 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 analysis. The Agency must provide an
opportunity for public comment on the request.
The Agency reviews the application, 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 without the exemption, pursuant to the
standard set forth in 49 CFR 381.305(a). The Agency must publish its
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, the effective period, and 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. Applicant's Request
Current Regulatory Requirements
Aurora requests an exemption from certain FMCSRs related to
requirements for placing warning devices around a stopped CMV,
requirements that exterior lamps be steady burning, and requirements
that specific types of warning devices be used. Section 392.22(b) of
the FMCSRs requires the driver of a CMV stopped on the traveled portion
or shoulder of a road for any cause other than a necessary traffic stop
to activate hazard warning signal flashers and place required warning
devices as soon as possible, but within ten minutes, at specified
locations behind and in front of the stopped CMV. Section 392.22(b)
also specifies placement of warning devices in certain circumstances,
such as during daylight hours, or where devices may be obstructed from
view (e.g., when stopped within 500 feet of a curve or the crest of a
hill).
Section 393.25(e) of the FMCSRs requires that all exterior lamps be
steady burning, with exceptions not relevant here.
Section 393.95(f) of the FMCSRs specifies the types and number of
warning devices to be used for stopped vehicles, namely 3 bidirectional
emergency reflective triangles or at least 6 fusees. The reference to 3
liquid-burning flares was removed by a final rule published on February
19, 2026 (91 FR 7867). Other warning devices may be used in addition to
required devices, as long as they do not reduce the effectiveness of
required devices.
Applicant's Request
Aurora seeks an exemption from 49 CFR 392.22(b), 393.25(e), and
393.95(f) to allow Aurora to operate Level 4 ADS-equipped CMVs, as
defined in SAE International, formerly Society of Automotive Engineers
(SAE), standard J3016, using a set of cab-mounted beacons in lieu of
placing the warning devices otherwise required by the FMCSRs. Aurora
requests that the exemption include any other motor carrier operating
Level 4 ADS-equipped CMVs, provided that the motor carrier notifies
FMCSA in writing prior to operating under the exemption. The cab-
mounted warning beacons consist of flashing amber lights that meet
class 1 photometric performance requirements described in SAE J595,
mounted high on each side of the cab.
Aurora notes that the exemption would apply to Level 4 ADS-equipped
CMVs even if there were a human driver present and suggests that FMCSA
consider extending the exemption to conventional CMVs operated by human
drivers. Aurora states that it currently has 109 Class 8 CMVs and
expects to have more than 200 Level 4 ADS-equipped CMVs by the end of
calendar year 2026. Aurora projects that its fleet could expand to
thousands of CMVs operating under the exemption over the next five
years.
Limited Waiver
Currently, Aurora is operating under a limited waiver from the
warning device placement requirements in 49 CFR 392.22(b), the steady-
burning lamp requirement in 49 CFR 393.95(f), and the requirements for
the types and number of warning devices in 49 CFR 393.25(e), subject to
certain terms and conditions. The waiver allows Aurora to operate Level
4 ADS-equipped CMVs with cab-mounted beacons in lieu of the warning
devices otherwise required by the FMCSRs. The waiver also permits other
motor carriers operating Level 4 ADS-equipped CMVs to use the waiver,
provided that the motor carrier notifies FMCSA in writing and
certifying information specified in the waiver. Kodiak Robotics, Inc.,
provided written notification to FMCSA that it is also operating under
the waiver. The waiver also requires each motor carrier operating under
the waiver to report any crashes that occurred while the cab-mounted
warning beacons are activated or should have been activated, and submit
a Waiver Term Report outlining the performance data of the cab-mounted
warning beacons. As of the publication date of this notice, no crashes
have been reported to FMCSA under the terms and conditions of the
waivers. The current waiver will expire on July 9, 2026.
Applicant's Equivalent Level of Safety
Aurora states that the exemption will achieve a level of safety
equivalent to that of the current regulations because cab-mounted
warning beacons are reliable and highly visible, whereas warning
triangles can be blown away or toppled over. In addition, cab-mounted
warning beacons eliminate the need for a human to exit the CMV onto the
shoulder or traffic lane of a road. Aurora states that it successfully
used cab-mounted warning beacons under a waiver from October 10, 2025
through January 9, 2026 on 34 CMVs that traveled over 500,000 miles.
During that period, the beacons activated for a total duration of
nearly 10 hours. Aurora reports that, to the company's knowledge, the
beacons were reliable and operated as expected without any faults,
malfunctions, or power issues. Aurora's CMVs that operated under the
waiver were not involved in, nor contributed to, any roadway collisions
while stopped on the roadway and using the beacons.
Aurora also submits two reports that it says support the safety
effectiveness of the cab-mounted warning beacons: an August 2022 Waymo-
sponsered study titled ``Stopped Automated Commercial Motor Vehicle
Warning Device Surrogates'' by the Virginia Tech Transportation
Institute (VTTI), and an October 2022 report prepared by Aurora titled
``Naturalistic Study of Warning Device Equivalency.''
Aurora proposes terms and conditions for the exemption similar to
the terms and conditions of the waivers that FMCSA has issued to
Aurora. Aurora requests that it be allowed to operate double/triple
trailers and tank vehicles under the exemption, which is currently not
allowed under the waivers. Auorora does not propose that the terms and
conditions for the exemption allow for operations which would otherwise
[[Page 20254]]
require a ``H'', ``P'', ``S'', or ``X'' endorsement under 49 CFR
383.93--if a human driver were present.
A copy of Aurora's application for exemption with supporting
documents, including the waivers FMCSA issued to Aurora and the two
2022 studies, is available for review in the docket for this notice.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on Aurora's application for a 5-
year exemption from 49 CFR 392.22(b), 49 CFR 393.25(e), and 49 CFR
393.95(f). All comments received before the close of business on the
comment closing date will be considered and will be available for
examination in the docket at the location listed under the Addresses
section of this notice.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2026-07288 Filed 4-14-26; 8:45 am]
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