Parts and Accessories Necessary for Safe Operation; Application for an Exemption From National Tank Truck Carriers Inc., 63643-63647 [2020-22233]
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Federal Register / Vol. 85, No. 196 / Thursday, October 8, 2020 / Notices
Respondents: We anticipate an 80%
participation rate from a respondent
pool of approximately 82 ODA holders
and applicants, estimated to about 66
respondents.
Frequency: We plan to distribute the
survey one time to support the
requirement described in Section 213 of
the FAA Reauthorization Act of 2018.
Estimated Average Burden per
Response: 2.5 hours to complete, 7.5
hours coordination, total 10 hrs.
Estimated Total Annual Burden: 660
Hours total (220 annualized for the 3year approval window).
Issued in Washington, DC.
Joy Wolf,
Management & Program Analyst for
Regulatory and Guidance Processing, Aircraft
Certification Service.
[FR Doc. 2020–22274 Filed 10–7–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA–2020–0019]
Agency Information Collection
Activities: Request for Comments for a
Renewal of a Previously Approved
Information Collection
Federal Highway
Administration (FHWA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
FHWA invites public
comments about our intention to request
the Office of Management and Budget’s
(OMB) approval for a new information
collection, which is summarized below
under SUPPLEMENTARY INFORMATION. We
are required to publish this notice in the
Federal Register by the Paperwork
Reduction Act of 1995.
DATES: Please submit comments by
December 7, 2020.
ADDRESSES: You may submit comments
identified by DOT Docket ID 2020–0019
by any of the following methods:
Website: For access to the docket to
read background documents or
comments received go to the Federal
eRulemaking Portal: Go to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Fax: 1–202–493–2251.
Mail: Docket Management Facility,
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Hand Delivery or Courier: U.S.
Department of Transportation, West
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SUMMARY:
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1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m. ET, Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Kenneth Petty, Kenneth.Petty@dot.gov,
202–366–6654, Office of Planning,
Environment, and Realty, Federal
Highway Administration, Department of
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Avenue SE, Washington, DC 20590.
Office hours are from 7:45 a.m. to 4:15
p.m., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
Title: Assessment of Transportation
Planning, Performance and Asset
Management Agency Needs,
Capabilities, and Capacity.
Background: FHWA will collect
information on the current state of the
practice, data, methods, and systems
used by state, metropolitan, regional,
local, and tribal transportation planning
entities to support their required
planning, performance and asset
management processes in accordance
with Title 23 U.S.C. 119, 134, 135, and
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collection, planning, travel modeling,
and performance and asset management.
This also includes information about
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agencies and how it is processed and
used in the planning and programming
context. Questionnaires will be sent to
State DOT headquarters and districts,
Metropolitan Planning, Organizations,
Regional Planning Organizations, and
Tribal Governments. FHWA anticipates
that one representative from each
agency will take approximately 30
minutes to complete up to 4
questionnaires each year. The
questionnaires will be administered via
the internet and invitations to
participate in the questionnaire will be
distributed via email.
This information, once compiled, will
allow the FHWA to better understand
the existing capabilities that agencies
across the country have in support of
the planning, performance and asset
management processes and the
readiness they possess to handle new
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the collected information, FHWA will
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nationwide. Additionally, FHWA will
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managementpractices are identified will
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63643
Respondents: Respondents are
representatives of State DOT
headquarters and districts, Metropolitan
Planning, Organizations, Regional
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Governments.
Respondents: 950 respondents
annually.
Frequency: 4 per year for 3 years.
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Hours: Up to 1,900 hours annually.
Public Comments Invited: You are
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Authority: The Paperwork Reduction Act
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and 49 CFR 1.48.
Issued On: October 5, 2020.
Michael Howell,
FHWA Information Collection Officer.
[FR Doc. 2020–22284 Filed 10–7–20; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0260]
Parts and Accessories Necessary for
Safe Operation; Application for an
Exemption From National Tank Truck
Carriers Inc.
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
The Federal Motor Carrier
Safety Administration (FMCSA)
announces its decision to grant National
Tank Truck Carriers Inc.’s (NTTC)
application for a limited 5-year
exemption to allow motor carriers
operating tank trailers to install 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 steadyburning brake lamps required by the
Federal Motor Carrier Safety
SUMMARY:
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Federal Register / Vol. 85, No. 196 / Thursday, October 8, 2020 / Notices
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Regulations (FMCSR). 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 applicable
October 8, 2020 and ending October 8,
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
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 Docket 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
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and conditions of the exemption. The
exemption may be renewed (49 CFR
381.300(b)).
NTTC’s Application for Exemption
NTTC applied for an exemption from
49 CFR 393.25(e) to allow motor carriers
operating tank trailers to install 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 steadyburning brake lamps required by the
FMCSRs. A copy of the application is
included in the docket referenced at the
beginning of this notice.
NTTC is an association of over 200
tank truck companies that transport
more than 80 percent of the volume
hauled in this narrowly-defined
industry. Most NTTC members are
regional, family-owned tank truck
businesses that specialize in bulk
transportation of hazardous products,
such as petroleum products, chemicals,
gases, and hazardous wastes. These
companies also haul non-hazardous
materials such as bulk foods and dry
bulk products such as cement or plastic
pellets.
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. NTTC seeks an
exemption to allow motor carriers
operating tank trailers to install 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 steadyburning brake lamps required by the
FMCSRs. NTTC contends that the
addition of the brake-activated pulsating
lamp will improve safety, and states that
research shows that pulsating brake
lamps installed in addition to required
steady-burning red brake lamps improve
visibility and prevent accidents. NTTC
also noted that FMCSA has previously
granted a similar, but not identical,
temporary exemption to one of its
member companies, 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 steadyburning red brake lamps had decreased
the frequency of rear-end accidents
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involving its fleet of tank trailers (84 FR
17910; April 26, 2019).
NTTC cited 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. NTTC stated:
Research indicates that there are ways to
improve the attention-getting qualities of
braking systems. Including a pulsating brake
lamp on a lead vehicle has quantifiable effect
on the drivers of following vehicles and
measurably reduces rear-end collisions.
Drivers are redirected and altered faster and
more efficiently when a pulsating brake lamp
draws their attention to the lead vehicle. As
a result, rear-end collisions can be prevented
or at least reduced.
Beginning in the second quarter of
2015, Groendyke began installing amber
brake-activated pulsating lamps on
some of its fleet without authorization
from FMCSA to compare the frequency
of rear-end collisions between (1)
trailers equipped with both a centrallymounted amber brake-activated
pulsating lamp and the required steadyburning lamps, and (2) trailers equipped
with only the steady-burning lamps
required by the FMCSRs. As of July 31,
2017, Groendyke had outfitted 632 of its
1,440 trailers with an amber brakeactivated pulsating lamp.
Data gathered by Groendyke between
January 2015 and July 2017 show that
trailers equipped with both the amber
brake-activated pulsating lamp and the
steady-burning brake lamps were
involved in 33.7 percent fewer rear-end
collisions as compared to vehicles
equipped with only the steady-burning
brake lamps. Groendyke also analyzed
its data to determine whether the
presence of the amber brake-activated
pulsating lamp improved outcomes
when drivers were slowing or stopping
at railroad crossings.1 Groendyke found
that trailers equipped with the amber
brake-activated pulsating lamp were not
involved in a rear-end crash at a railroad
crossing during the same time period.
Groendyke stated:
The results of the Groendyke Brake
Warning Device Campaign are clear: The
frequency of rear-end collisions is markedly
lower when trailers are outfitted with
pulsating brake lamps in addition to the
steady-burning lamps required by the
FMCSRs. The pulsating brake lamps draw
other drivers’ attention to what is happening
1 As cargo tank operators hauling hazardous
materials, Groendyke drivers are required to stop or
slow significantly at railroad crossings (49 CFR
392.10–392.12). Groendyke notes that railroad
crossings are a significant source of rear-end
collisions at Groendyke and elsewhere because noncommercial drivers may not anticipate stops at
railroad crossings.
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Federal Register / Vol. 85, No. 196 / Thursday, October 8, 2020 / Notices
with the vehicle in front more effectively and
more quickly than steady burning lamps. In
the interest of safety and productivity,
Groendyke desires to implement the
Groendyke Brake Warning Device Campaign
on the rest of its fleet without risking
violation of the FMCSRs.
The exemption requested by NTTC
would apply to all motor carriers
operating tank trailers, and would
permit those motor carriers to install 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. NTTC states that the
additional brake-activated 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
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FMCSA published a notice of the
NTTC application in the Federal
Register on April 2, 2020, and asked for
public comment (85 FR 18634). The
Agency received comments from the
Truckload Carrier Association (TCA),
the Transportation Safety Equipment
Institute (TSEI), the Virginia Department
of Transportation (VDOT), the
Commercial Vehicle Safety Alliance
(CVSA), the American Trucking
Associations (ATA), and 25 individuals.
TCA, TSEI, and ATA each supported
granting the application. CVSA and
VDOT supported the use of amber
brake-activated pulsating warning
lamps, but were opposed to the use of
red brake-activated pulsating warning
lamps.
TCA cited its support for Groendyke’s
similar application for temporary
exemption, and highlighted the safety
benefits of a 33.7 percent reduction in
rear-end collisions when using an amber
brake-activated pulsating lamp.
Further, TCA stated:
All tank carriers have a high stake in
ensuring their trailers are safe since they are
possibly hauling flammable fuel or liquid
hazardous materials. Being involved in a
rear-end collision not only could result in the
loss of cargo, but also could potentially
threaten the lives of the truck driver, the
driver of the vehicle causing the collision,
and others in the surrounding area. Since
NTTC is not requesting for tank truck carriers
to be exempt from the regulations on
required steady-burning lamps, but rather is
asking to be allowed to install additional
equipment with pulsating lamps, TCA
believes it is in the best interest of the
industry for FMCSA to grant the requested
flexibility. The baseline safety of the required
steady-burning lamps will continue to be in
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place on these tank trailers even if the
additional pulsating brake lamps are
installed.
ATA believes that granting the
exemption will permit tank truck
carriers in addition to Groendyke to
similarly reduce their rear-end crashes,
in furtherance of FMCSA’s primary
safety mission.
Specifically, ATA stated:
FMCSA and NHTSA research have
demonstrated the potential benefits of
alternative rear signaling systems to reduce
rear-end crashes. Rear-end crashes which
amount to roughly 30% of all crashes are
frequently attributed to a following vehicle’s
failure or delay to respond to the lead
vehicle’s application of brakes to decelerate.
Consistent with the DOT reports and
research, motor carriers like Groendyke
recognize the potential of ERS [Enhanced
Rear Signaling] for improving safe operations
when compared with traditional standard
brake lamps. For example, ERS can provide
the following functions beyond what
traditional CMV lighting and reflective
devices offer: Attention to CMVs stopped
ahead; awareness of road side breakdowns;
emergency braking; and driver confidence
from both vehicles. In addition to safety
benefits, ERS performance is superior to
steady burning brake lamps in severe weather
conditions, tail light glare and around
infrastructure obstacles. ERS also reduces the
chances of damage to both vehicles involved
in a rear-end crash, which improves
commercial operation uptime, CSA scores for
the CMV owner, and traffic inconvenience.
TSEI stated that ample research has
demonstrated that the use of pulsating
brake lamps increases visibility of
equipment and vehicles and would
maintain operational safety levels, but
also implement more efficient and
effective operations. TSEI stated that by
granting NTTC’s application, the
Agency would further its Beyond
Compliance Program.
VDOT supports the intent of the
proposed exemption to promote the
safety of motor carriers operating tank
trailers, and states that allowing
commercial tank trailers to use brakeactivated pulsating lamps may improve
the reaction time of other motorists
when the commercial vehicle is slowing
down or stopping. VDOT supports
developing standard equipment, and
recommends that the Agency authorize
the use of only amber brake-activated
flashing lights, because amber lights are
typically used to denote potential
unsafe conditions or to denote caution.
VDOT expressed concern that red brakeactivated flashing lights on tanker trucks
may cause confusion and may prompt
unintended and/or undesirable actions,
given that flashing red lights are
typically displayed by vehicles
responding to emergencies.
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63645
CVSA agrees with NTTC’s assessment
that the collected data supports the
safety benefits of amber brake-activated
pulsating lamps, and supports allowing
them to be installed on the rear of tank
trailers. However, CVSA is opposed to
the use of red brake-activated pulsating
warning lamps which are typically
associated with emergency vehicles.
CVSA states that allowing red pulsating
lamps on the rear of tank trailers may
negatively impact the driving public’s
recognition and response to emergency
vehicles. CVSA noted that many States
have laws prohibiting nonemergency
vehicles from having pulsating red
lights. CVSA is concerned that if the
exemption is granted to allow the
installation and use of red pulsating
lights, it would be in direct conflict with
laws in several States. CVSA notes that
while amber brake-activated pulsating
lights have a demonstrated safety
benefit, red brake-activated pulsating
lamps would likely have unintended
safety impacts related to emergency
vehicles.
Twenty-four individuals supported,
and one opposed, the exemption.
Several of the commenters identified
themselves as Safety Directors for motor
carriers operating tank trailers, and fully
supported the temporary exemption,
noting that their respective carriers have
experienced multiple rear-end collisions
throughout years of operation. Those
safety directors noted that other
motorists are frequently not paying
attention, and that many rear-end
crashes of tanker trailers hauling
hazardous material occur when stopped
at railroad crossings. These individual
commenters believe that any technology
that has been shown to reduce rear-end
crashes should be allowed, and cited
various benefits of the red and amber
brake-activated pulsating lamp,
including (1) enhanced awareness that
the vehicle is making a stop, especially
at railroad crossings, and (2) increased
visibility in severe weather conditions.
One individual expressed concern
that depending on the brightness and
speed of the pulsating brake-activated
warning lamps, and their positioning
close to the standard brake lights and
turn signals, following drivers may be
(1) distracted and (2) confused regarding
the ability to determine whether the
vehicle is turning or not. This
individual acknowledged that his
experience was with low boy trailers,
and not with tanker trailers as identified
in subject application.
FMCSA Decision
The FMCSA has evaluated the NTTC
exemption application, and the
comments received. The Agency
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believes that granting the temporary
exemption to allow motor carriers
operating tank trailers to install 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,
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 collected
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.2 3
Both FMCSA and NHTSA have
conducted research programs 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.4 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 wherein rear-end
collisions can occur (e.g., 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 rearend 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.
During Phase I of this effort,
researchers performed crash database
analyses to determine causal factors of
rear-end collisions and to identify
2 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).
3 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).
4 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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17:48 Oct 07, 2020
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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 multiphased 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, collisionwarning 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 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
inattentive drivers).5 6
5 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).
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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 eyedrawing metrics. This study served to
narrow the set of candidate lighting
configurations to those that would most
likely be carried forward for additional
study on-road. 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.7 FMVSS
6 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).
7 U.S. Department of Transportation, National
Highway Traffic Safety Administration (2009), The
Effectiveness of Amber Rear Turn Signals for
E:\FR\FM\08OCN1.SGM
08OCN1
Federal Register / Vol. 85, No. 196 / Thursday, October 8, 2020 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
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.
FMCSA acknowledges the concerns of
VDOT, CVSA and other commenters
that flashing, rotating, or pulsating red
lamps are generally permitted only on
emergency vehicles. FMCSA notes that
Police and other State authorized
emergency vehicles utilize high
intensity, constantly flashing, rotating or
pulsating red lamps visible from all
directions on the vehicle and that
continuously operate when activated.
The amber or red brake-activated
pulsating lamps requested by NTTC are
visible only to the rear of the tanker
trailer, and are similar in lamp intensity
and flash rate of the vehicle’s standard
rear hazard warning lamps system
currently allowed by the regulations. At
the same time, however, the Agency
agrees with TCA and NTTC that the 33.7
percent reduction in rear-end crashes
documented by Groendyke between
January 1, 2015, and July 31, 2017, for
its trailers that had been equipped with
the additional lights is both persuasive
and compelling, given the magnitude of
the rear-end crash population. FMCSA
believes that this real-world experience,
along with the FMCSA and NHTSA
research programs that demonstrated
the ability of alternative rear signaling
systems to reduce the frequency and
severity of rear-end crashes, is sufficient
to conclude that the implementation of
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 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 October 8, 2020 and ending
October 8, 2025. During the temporary
exemption period, motor carriers
operating tank trailers will be allowed to
install a red or amber brake-activated
pulsating lamp in the upper center
Reducing Rear Impacts; Report No. DOT HS 811
115, Washington, DC (April 2009).
VerDate Sep<11>2014
17:48 Oct 07, 2020
Jkt 253001
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.
The exemption will be valid for 5
years unless rescinded earlier by
FMCSA. 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 use of a red or amber brakeactivated pulsating lamp in the upper
center position or in an upper dual
outboard position on the rear of the
trailers, in addition to the steadyburning brake lamps required by the
FMCSRs, is 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
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. 2020–22233 Filed 10–7–20; 8:45 am]
BILLING CODE 4910–EX–P
63647
Notice of application for
exemption; request for comments.
ACTION:
FMCSA announces receipt of
an application from two individuals for
an exemption from the prohibition in
the Federal Motor Carrier Safety
Regulations (FMCSRs) against operation
of a commercial motor vehicle (CMV) by
persons with a current clinical diagnosis
of myocardial infarction, angina
pectoris, coronary insufficiency,
thrombosis, or any other cardiovascular
disease of a variety known to be
accompanied by syncope (transient loss
of consciousness), dyspnea (shortness of
breath), collapse, or congestive heart
failure. If granted, the exemption would
enable these individuals with an
implantable cardioverter defibrillator
(ICD) to operate a CMV in interstate
commerce.
SUMMARY:
Comments must be received on
or before November 9, 2020.
DATES:
You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket ID
FMCSA–2020–0189 using any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
docket?D=FMCSA-2020-0189. Follow
the online instructions for submitting
comments.
• Mail: Docket Operations; U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
Holidays.
• Fax: (202) 493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
ADDRESSES:
Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001. Office
hours are from 8:30 a.m. to 5 p.m., ET,
Monday through Friday, except Federal
holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Docket
Operations, (202) 366–9826.
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2020–0189]
Qualification of Drivers; Exemption
Applications; Implantable Cardioverter
Defibrillators
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
PO 00000
Frm 00148
Fmt 4703
Sfmt 4703
SUPPLEMENTARY INFORMATION:
E:\FR\FM\08OCN1.SGM
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Agencies
[Federal Register Volume 85, Number 196 (Thursday, October 8, 2020)]
[Notices]
[Pages 63643-63647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22233]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0260]
Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From National Tank Truck Carriers Inc.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant National Tank Truck Carriers Inc.'s
(NTTC) application for a limited 5-year exemption to allow motor
carriers operating tank trailers to install 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 Federal Motor Carrier Safety
[[Page 63644]]
Regulations (FMCSR). 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 applicable October 8, 2020 and ending October
8, 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
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
Docket 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)).
NTTC's Application for Exemption
NTTC applied for an exemption from 49 CFR 393.25(e) to allow motor
carriers operating tank trailers to install 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. A copy of the
application is included in the docket referenced at the beginning of
this notice.
NTTC is an association of over 200 tank truck companies that
transport more than 80 percent of the volume hauled in this narrowly-
defined industry. Most NTTC members are regional, family-owned tank
truck businesses that specialize in bulk transportation of hazardous
products, such as petroleum products, chemicals, gases, and hazardous
wastes. These companies also haul non-hazardous materials such as bulk
foods and dry bulk products such as cement or plastic pellets.
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. NTTC seeks an exemption to allow motor carriers
operating tank trailers to install 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. NTTC contends that
the addition of the brake-activated pulsating lamp will improve safety,
and states that research shows that pulsating brake lamps installed in
addition to required steady-burning red brake lamps improve visibility
and prevent accidents. NTTC also noted that FMCSA has previously
granted a similar, but not identical, temporary exemption to one of its
member companies, 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).
NTTC cited 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. NTTC stated:
Research indicates that there are ways to improve the attention-
getting qualities of braking systems. Including a pulsating brake
lamp on a lead vehicle has quantifiable effect on the drivers of
following vehicles and measurably reduces rear-end collisions.
Drivers are redirected and altered faster and more efficiently when
a pulsating brake lamp draws their attention to the lead vehicle. As
a result, rear-end collisions can be prevented or at least reduced.
Beginning in the second quarter of 2015, Groendyke began installing
amber brake-activated pulsating lamps on some of its fleet without
authorization from FMCSA to compare the frequency of rear-end
collisions between (1) trailers equipped with both a centrally-mounted
amber brake-activated pulsating lamp and the required steady-burning
lamps, and (2) trailers equipped with only the steady-burning lamps
required by the FMCSRs. As of July 31, 2017, Groendyke had outfitted
632 of its 1,440 trailers with an amber brake-activated pulsating lamp.
Data gathered by Groendyke between January 2015 and July 2017 show
that trailers equipped with both the amber brake-activated pulsating
lamp and the steady-burning brake lamps were involved in 33.7 percent
fewer rear-end collisions as compared to vehicles equipped with only
the steady-burning brake lamps. Groendyke also analyzed its data to
determine whether the presence of the amber brake-activated pulsating
lamp improved outcomes when drivers were slowing or stopping at
railroad crossings.\1\ Groendyke found that trailers equipped with the
amber brake-activated pulsating lamp were not involved in a rear-end
crash at a railroad crossing during the same time period. Groendyke
stated:
---------------------------------------------------------------------------
\1\ As cargo tank operators hauling hazardous materials,
Groendyke drivers are required to stop or slow significantly at
railroad crossings (49 CFR 392.10-392.12). Groendyke notes that
railroad crossings are a significant source of rear-end collisions
at Groendyke and elsewhere because non-commercial drivers may not
anticipate stops at railroad crossings.
The results of the Groendyke Brake Warning Device Campaign are
clear: The frequency of rear-end collisions is markedly lower when
trailers are outfitted with pulsating brake lamps in addition to the
steady-burning lamps required by the FMCSRs. The pulsating brake
lamps draw other drivers' attention to what is happening
[[Page 63645]]
with the vehicle in front more effectively and more quickly than
steady burning lamps. In the interest of safety and productivity,
Groendyke desires to implement the Groendyke Brake Warning Device
Campaign on the rest of its fleet without risking violation of the
---------------------------------------------------------------------------
FMCSRs.
The exemption requested by NTTC would apply to all motor carriers
operating tank trailers, and would permit those motor carriers to
install 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. NTTC states that the additional brake-activated 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 NTTC application in the Federal
Register on April 2, 2020, and asked for public comment (85 FR 18634).
The Agency received comments from the Truckload Carrier Association
(TCA), the Transportation Safety Equipment Institute (TSEI), the
Virginia Department of Transportation (VDOT), the Commercial Vehicle
Safety Alliance (CVSA), the American Trucking Associations (ATA), and
25 individuals.
TCA, TSEI, and ATA each supported granting the application. CVSA
and VDOT supported the use of amber brake-activated pulsating warning
lamps, but were opposed to the use of red brake-activated pulsating
warning lamps.
TCA cited its support for Groendyke's similar application for
temporary exemption, and highlighted the safety benefits of a 33.7
percent reduction in rear-end collisions when using an amber brake-
activated pulsating lamp.
Further, TCA stated:
All tank carriers have a high stake in ensuring their trailers
are safe since they are possibly hauling flammable fuel or liquid
hazardous materials. Being involved in a rear-end collision not only
could result in the loss of cargo, but also could potentially
threaten the lives of the truck driver, the driver of the vehicle
causing the collision, and others in the surrounding area. Since
NTTC is not requesting for tank truck carriers to be exempt from the
regulations on required steady-burning lamps, but rather is asking
to be allowed to install additional equipment with pulsating lamps,
TCA believes it is in the best interest of the industry for FMCSA to
grant the requested flexibility. The baseline safety of the required
steady-burning lamps will continue to be in place on these tank
trailers even if the additional pulsating brake lamps are installed.
ATA believes that granting the exemption will permit tank truck
carriers in addition to Groendyke to similarly reduce their rear-end
crashes, in furtherance of FMCSA's primary safety mission.
Specifically, ATA stated:
FMCSA and NHTSA research have demonstrated the potential
benefits of alternative rear signaling systems to reduce rear-end
crashes. Rear-end crashes which amount to roughly 30% of all crashes
are frequently attributed to a following vehicle's failure or delay
to respond to the lead vehicle's application of brakes to
decelerate.
Consistent with the DOT reports and research, motor carriers
like Groendyke recognize the potential of ERS [Enhanced Rear
Signaling] for improving safe operations when compared with
traditional standard brake lamps. For example, ERS can provide the
following functions beyond what traditional CMV lighting and
reflective devices offer: Attention to CMVs stopped ahead; awareness
of road side breakdowns; emergency braking; and driver confidence
from both vehicles. In addition to safety benefits, ERS performance
is superior to steady burning brake lamps in severe weather
conditions, tail light glare and around infrastructure obstacles.
ERS also reduces the chances of damage to both vehicles involved in
a rear-end crash, which improves commercial operation uptime, CSA
scores for the CMV owner, and traffic inconvenience.
TSEI stated that ample research has demonstrated that the use of
pulsating brake lamps increases visibility of equipment and vehicles
and would maintain operational safety levels, but also implement more
efficient and effective operations. TSEI stated that by granting NTTC's
application, the Agency would further its Beyond Compliance Program.
VDOT supports the intent of the proposed exemption to promote the
safety of motor carriers operating tank trailers, and states that
allowing commercial tank trailers to use brake-activated pulsating
lamps may improve the reaction time of other motorists when the
commercial vehicle is slowing down or stopping. VDOT supports
developing standard equipment, and recommends that the Agency authorize
the use of only amber brake-activated flashing lights, because amber
lights are typically used to denote potential unsafe conditions or to
denote caution. VDOT expressed concern that red brake-activated
flashing lights on tanker trucks may cause confusion and may prompt
unintended and/or undesirable actions, given that flashing red lights
are typically displayed by vehicles responding to emergencies.
CVSA agrees with NTTC's assessment that the collected data supports
the safety benefits of amber brake-activated pulsating lamps, and
supports allowing them to be installed on the rear of tank trailers.
However, CVSA is opposed to the use of red brake-activated pulsating
warning lamps which are typically associated with emergency vehicles.
CVSA states that allowing red pulsating lamps on the rear of tank
trailers may negatively impact the driving public's recognition and
response to emergency vehicles. CVSA noted that many States have laws
prohibiting nonemergency vehicles from having pulsating red lights.
CVSA is concerned that if the exemption is granted to allow the
installation and use of red pulsating lights, it would be in direct
conflict with laws in several States. CVSA notes that while amber
brake-activated pulsating lights have a demonstrated safety benefit,
red brake-activated pulsating lamps would likely have unintended safety
impacts related to emergency vehicles.
Twenty-four individuals supported, and one opposed, the exemption.
Several of the commenters identified themselves as Safety Directors for
motor carriers operating tank trailers, and fully supported the
temporary exemption, noting that their respective carriers have
experienced multiple rear-end collisions throughout years of operation.
Those safety directors noted that other motorists are frequently not
paying attention, and that many rear-end crashes of tanker trailers
hauling hazardous material occur when stopped at railroad crossings.
These individual commenters believe that any technology that has been
shown to reduce rear-end crashes should be allowed, and cited various
benefits of the red and amber brake-activated pulsating lamp, including
(1) enhanced awareness that the vehicle is making a stop, especially at
railroad crossings, and (2) increased visibility in severe weather
conditions.
One individual expressed concern that depending on the brightness
and speed of the pulsating brake-activated warning lamps, and their
positioning close to the standard brake lights and turn signals,
following drivers may be (1) distracted and (2) confused regarding the
ability to determine whether the vehicle is turning or not. This
individual acknowledged that his experience was with low boy trailers,
and not with tanker trailers as identified in subject application.
FMCSA Decision
The FMCSA has evaluated the NTTC exemption application, and the
comments received. The Agency
[[Page 63646]]
believes that granting the temporary exemption to allow motor carriers
operating tank trailers to install 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, 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 collected 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.\2\ \3\
---------------------------------------------------------------------------
\2\ 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).
\3\ 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).
---------------------------------------------------------------------------
Both FMCSA and NHTSA have conducted research programs 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.\4\ 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 wherein rear-end collisions can occur (e.g., 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.
---------------------------------------------------------------------------
\4\ 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).
---------------------------------------------------------------------------
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 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 inattentive drivers).\5\ \6\
---------------------------------------------------------------------------
\5\ 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).
\6\ 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).
---------------------------------------------------------------------------
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 study on-road. 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.\7\ FMVSS
[[Page 63647]]
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.
---------------------------------------------------------------------------
\7\ 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).
---------------------------------------------------------------------------
FMCSA acknowledges the concerns of VDOT, CVSA and other commenters
that flashing, rotating, or pulsating red lamps are generally permitted
only on emergency vehicles. FMCSA notes that Police and other State
authorized emergency vehicles utilize high intensity, constantly
flashing, rotating or pulsating red lamps visible from all directions
on the vehicle and that continuously operate when activated. The amber
or red brake-activated pulsating lamps requested by NTTC are visible
only to the rear of the tanker trailer, and are similar in lamp
intensity and flash rate of the vehicle's standard rear hazard warning
lamps system currently allowed by the regulations. At the same time,
however, the Agency agrees with TCA and NTTC that the 33.7 percent
reduction in rear-end crashes documented by Groendyke between January
1, 2015, and July 31, 2017, for its trailers that had been equipped
with the additional lights is both persuasive and compelling, given the
magnitude of the rear-end crash population. FMCSA believes that this
real-world experience, along with the FMCSA and NHTSA research programs
that demonstrated the ability of alternative rear signaling systems to
reduce the frequency and severity of rear-end crashes, is sufficient to
conclude that the implementation of 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 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 October 8, 2020 and ending October 8, 2025. During the
temporary exemption period, motor carriers operating tank trailers will
be allowed to install 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.
The exemption will be valid for 5 years unless rescinded earlier by
FMCSA. 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 use of 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, is 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 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. 2020-22233 Filed 10-7-20; 8:45 am]
BILLING CODE 4910-EX-P