Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Grote Industries, LLC |
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Topics: Grote Industries
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James W. Deck
Federal Motor Carrier Safety Administration
7 December 2020
[Federal Register Volume 85, Number 235 (Monday, December 7, 2020)]
[Notices]
[Pages 78918-78921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26772]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2020-0122]
Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Grote Industries, LLC
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant of exemption.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant Grote Industries, LLC's (Grote)
application for a limited 5-year exemption to allow motor carriers
operating trailers and van body trucks to install amber 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 Federal
Motor Carrier Safety Regulations (FMCSRs). The Agency has determined
that granting the exemption would likely achieve a level of safety
equivalent to or greater than the level of safety provided by the
regulation.
DATES: This exemption is effective December 7, 2020 and ending December
2, 2025.
FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-0676, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE, Washington, DC 20590-0001.
Docket: For access to the docket to read background documents or
comments submitted to notice requesting public comments on the
exemption application, go to www.regulations.gov at any time or visit
Dockets Operations, Room W12-140 on the ground level of the West
Building, 1200 New Jersey Avenue SE, Washington, DC, 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. The on-line Federal document
management system is available 24 hours each day, 365 days each year.
The docket number is listed at the beginning of this notice.
SUPPLEMENTARY INFORMATION:
Background
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the 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 any
safety analyses that have been conducted. 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 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. The exemption may be renewed
(49 CFR 381.300(b)).
Grote's Application for Exemption
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.
Grote applied for an exemption from 49 CFR 393.25(e) to allow motor
carriers operating trailers and van body trucks to install 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. Specifically, Grote requested allowance to use: (1) An upper
pair of brake-activated warning lamps centered about the centerline of
the trailer such that the centerline of the outermost identification
(ID) lamps to the centerline of the auxiliary braking lamps is between
6-12 inches and collinear with the three ID lamp cluster; (2) a single
brake-activated warning lamp centrally located on or below the rear
sill collinear with the stop/tail/turn lamps; (3) an upper pair of
brake-activated warning lamps (as described in (1) above) and a single
brake-activated warning lamp centrally located on or below the rear
sill collinear with the stop/tail/turn lamps; (4) a lower pair of
brake-activated warning lamps centered about the centerline of the
trailer located on or below the rear sill; or (5) an upper pair of
brake-activated warning lamps (as described in (1) above and a lower
pair of brake-activated warning lamps as described in (4) above). The
same brake-activated warning lamp options would also be applicable to
van body straight trucks. These brake-activated warning lamps would be
amber in color and act as a Class II strobe (pulsate) for up to 4
seconds with each application of the brake, then steadily burn red for
the duration of the time the brake circuit is activated. The brake-
activated pulsating warning lamps would be in addition to the steady-
burning brake lamps required by the FMCSRs.
Grote is a manufacturer of vehicle lighting and safety equipment,
and requests this relief on behalf of interstate motor carriers because
previous research has demonstrated that the use of pulsating brake-
activated warning lamps increases visibility of equipment and vehicles.
The use of amber pulsating brake-activated warning lamps, in addition
to steady-burning red brake lamps required by the FMCSRs, would allow
commercial carriers to not only maintain operational safety levels, but
also implement more efficient and effective operations.
A copy of the application is included in the docket referenced at
the beginning of this notice.
[[Page 78919]]
Grote contended that the addition of the brake-activated pulsating
lamp would improve safety, and stated that research shows that
pulsating brake lamps installed in addition to required steady-burning
red brake lamps improve visibility and prevent accidents. Grote also
noted that FMCSA has previously granted a similar, but not identical,
temporary exemption to Groendyke Transport, Inc. (Groendyke), based in
part on Groendyke's real-world experience demonstrating that use of
amber pulsating brake-activated warning lamps in addition to steady-
burning red brake lamps had decreased the frequency of rear-end
accidents involving its fleet of tank trailers (84 FR 17910; April 26,
2019).
Grote included in the application several studies 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. Grote stated that the
additional amber brake-activated pulsating warning lamp(s) will not
have an adverse impact on safety, and that adherence to the terms and
conditions of the exemption would likely achieve a level of safety
equivalent to or greater than the level of safety achieved without the
exemption.
Comments
FMCSA published a notice of the application in the Federal Register
on May 12, 2020, and asked for public comment (85 FR 28136). The Agency
received comments from the Transportation Safety Equipment Institute
(TSEI), and the Commercial Vehicle Safety Alliance (CVSA).
TSEI stated that ample research has demonstrated that the use of
pulsating amber lamps increases visibility of equipment and vehicles
and would maintain operational safety levels, but also implement more
efficient and effective operations. TSEI expressed a concern that the
widespread use of amber brake-activated pulsating warning lamps may
reduce the overall effectiveness of amber strobe lamps frequently used
by emergency and service vehicles. TSEI recommended that human factors
studies be conducted to ensure that amber brake-activated warning lamps
do not affect amber strobe lamp effectiveness for emergency and service
vehicles.
CVSA agreed with Grote's assessment that the previous NHTSA
research identifies the safety benefits of amber brake-activated
pulsating lamps, and supported allowing motor carriers operating
trailers and van body trucks to install amber 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.
FMCSA Decision
The FMCSA has evaluated the Grote exemption application and the
comments received. The Agency acknowledges TSEI's concerns, but
believes the technical analysis provided by the applicant and the body
of research the Agency considered and discussed below adequately
address those concerns.
The Agency believes that granting the temporary exemption to allow
motor carriers operating trailers and van body trucks to install amber
brake-activated pulsating warning lamps in addition to the steady-
burning brake lamps required by the FMCSRs, will likely provide a level
of safety that is equivalent to, or greater than, the level of safety
achieved without the exemption.
Rear-end crashes generally account for approximately 30 percent of
all crashes. 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.1 2
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\1\ 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).
\2\ 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).
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Both FMCSA and NHTSA have conducted research regarding alternative
rear signaling systems to address rear-end crashes. FMCSA has conducted
research and development of an Enhanced Rear Signaling (ERS) system for
CMVs.\3\ The study noted that while brake lights are activated only
with the service brakes, and the visual warning is provided only during
conditions when the lead vehicle is decelerating using its braking
system, brake lights are not activated during other conditions when
rear-end collisions can occur (e.g., when the CMV is (1) stopped along
the roadway or in traffic, (2) traveling slower, or (3) decelerating
using an engine retarder). Because of the limitations of the existing
brake system described above, along with issues relating to visual
distraction, the study examined ways for CMVs to detect rear-end crash
threats and to provide drivers of following vehicles a supplemental
visual warning--located on the lead vehicle, and in addition to the
current brake lights--so following-vehicle drivers can quickly
recognize impending collision threats.
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\3\ U.S. Department of Transportation, Federal Motor Carrier
Safety Administration (2014), Expanded Research and Development of
an Enhanced Rear Signaling System for Commercial Motor Vehicles,
Report No. FMCSA-RRT-13-009, Washington, DC (April 2014).
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During Phase I of this effort, researchers performed crash database
analyses to determine causal factors of rear-end collisions and to
identify potential countermeasures. Phase II continued through
prototype development based on recommendations from Phase I. During
Phase II field testing, potential benefits of using such
countermeasures were realized. During Phase III, a multi-phased
approach was executed to design, develop, and test multiple types of
countermeasures on a controlled test track and on public highways.
Phase III resulted in positive results for a rear-warning prototype
system comprising 12 light-emitting diode (LED) units that would flash
at 5 Hz to provide a visual warning to the following-vehicle drivers
indicating that, with continued closing rate and distance, a collision
will occur with the lead vehicle. Finally, the prototype system was
further developed and refined to include modification of the system
into a unit designed for simple CMV installation, collision-warning
activation refinements, and rear-lighting brightness adjustments for
nighttime conditions. Formal closed test-track and real-world testing
were then performed to determine the ERS system collision-warning
activation performance.
While the efforts described above demonstrated a promising system
for follow-on research, FMCSA ultimately decided not to pursue formal
field operational testing of the prototype system because of concerns
relating to (1) the cost to implement the ERS system as configured, and
(2) fleets' willingness to invest in the technology given the cost of
the system. 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 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
[[Page 78920]]
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 inattentive
drivers).4 5
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\4\ U.S. Department of Transportation, National Highway Traffic
Safety Administration (2009), Traffic Safety Facts--Vehicle Safety
Research Notes; Assessing the Attention-Gettingness of Brake
Signals: Evaluation of Optimized Candidate Enhanced Braking Signals;
Report No. DOT HS 811 129, Washington, DC (May 2009).
\5\ U.S. Department of Transportation, National Highway Traffic
Safety Administration (2010), Traffic Safety Facts--Vehicle Safety
Research Notes; Assessing the Attention-Getting Capability of Brake
Signals: Evaluation of Candidate Enhanced Braking Signals and
Features; Report No. DOT HS 811 330, Washington, DC (June 2010).
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Initially, the study quantified the attention-getting capability
and discomfort glare of a set of candidate rear brake lighting
configurations, using driver judgments, as well as eye-drawing metrics.
This study served to narrow the set of candidate lighting
configurations to those that would most likely be carried forward for
additional on-road study. 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.
Subsequently, the study quantified the attention-getting capability
of a set of candidate rear brake lighting configurations, including
proposed approaches from automotive companies. This study was conducted
to provide data for use in a simulation model to assess the
effectiveness and safety benefits of enhanced rear brake light
countermeasures. Among other things, this 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.
Both FMCSA and NHTSA have conducted extensive research and
development programs to examine alternative rear-signaling systems to
reduce the incidence of rear-end crashes. However, while these efforts
concluded that improvements could be realized through rear-lighting
systems that flash, neither the FMCSRs nor the Federal Motor Vehicle
Safety Standards (FMVSS) currently permit the use of pulsating, brake-
activated lamps on the rear of CMVs.
With respect to the use of amber lights, NHTSA has conducted
research on the effectiveness of rear turn-signal color on the
likelihood of being involved in a rear-end crash.\6\ 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, compared to red, rear turn signals was shown to be
statistically significant.
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\6\ U.S. Department of Transportation, National Highway Traffic
Safety Administration (2009), The Effectiveness of Amber Rear Turn
Signals for Reducing Rear Impacts; Report No. DOT HS 811 115,
Washington, DC (April 2009).
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FMCSA acknowledges the concerns of TSEI that the widespread use of
amber brake-activated pulsating warning lamps may reduce the overall
effectiveness of amber strobe lamps frequently used by emergency and
service vehicles. FMCSA believes that the FMCSA and NHTSA research
programs demonstrating the ability of alternative rear-signaling
systems to reduce the frequency and severity of rear-end crashes, are
sufficient to conclude that implementation of amber 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 regulations,
is likely to provide a level of safety that is equivalent to, or
greater than, the level of safety achieved without the exemption.
Terms and Conditions for the Exemption
The Agency hereby grants the exemption for a 5-year period,
beginning December 7, 2020 and ending December 2, 2025. During the
temporary exemption period, motor carriers operating trailers and van
body trucks will be allowed to install 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. Specifically,
the exemption will allow the use of: (1) An upper pair of brake-
activated warning lamps centered about the centerline of the trailer
such that the centerline of the outermost identification (ID) lamps to
the centerline of the auxiliary braking lamps is between 6--12 inches
and collinear with the three ID lamp cluster; (2) a single brake
activated warning lamp centrally located on or below the rear sill
collinear with the stop/tail/turn lamps; (3) an upper pair of brake-
activated warning lamps (as described in (1) above) and a single brake-
activated warning lamp centrally located on or below the rear sill
collinear with the stop/tail/turn lamps; (4) a lower pair of brake-
activated warning lamps centered about the centerline of the trailer
located on or below the rear sill; or (5) an upper pair of brake-
activated warning lamps (as described in (1) above and a lower pair of
brake-activated warning lamps as described in (4) above). The same
brake-activated warning lamp options shall also be applicable to van
body straight trucks. The brake-activated warning lamps shall be amber
in color and act as a Class II strobe (pulsate) for up to 4 seconds
with each application of the brake, then steadily burn red for the
duration of the time the brake circuit is activated. The brake-
activated warning lamps are in addition to the steady-burning brake
lamps required by the FMCSRs.
The exemption will be valid for 5 years unless rescinded earlier by
FMCSA. The exemption will be rescinded if: (1) Motor carriers operating
trailers and van body trucks 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 trailers and van body trucks allowed to
install amber 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, are not 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.
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
[[Page 78921]]
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.
James W. Deck,
Deputy Administrator.
[FR Doc. 2020-26772 Filed 12-4-20; 8:45 am]
BILLING CODE 4910-EX-P