90 FR 73 pgs. 16422-16423 - Parts and Accessories Necessary for Safe Operation; Application for Exemption From Yarde Metals, Inc. (USDOT #299202)
Type: NOTICEVolume: 90Number: 73Pages: 16422 - 16423
Pages: 16422, 16423Docket number: [Docket No. FMCSA-2025-0085]
FR document: [FR Doc. 2025-06550 Filed 4-16-25; 8:45 am]
Agency: Transportation Department
Sub Agency: Federal Motor Carrier Safety Administration
Official PDF Version: PDF Version
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2025-0085]
Parts and Accessories Necessary for Safe Operation; Application for Exemption From Yarde Metals, Inc. (USDOT #299202)
AGENCY:
Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT).
ACTION:
Notice of application for exemption; request for comments.
SUMMARY:
FMCSA requests public comment on an application from Yarde Metals, Inc. (Yarde Metals, USDOT No. 299202) for an exemption from the requirement that all exterior lighting devices be steady burning. The exemption would allow Yarde Metals to use an amber brake-activated pulsating lamp on its commercial motor vehicles (CMVs) in addition to the steady-burning brake lamps required by the Federal Motor Carrier Safety Regulations (FMCSRs).
DATES:
Comments must be received on or before May 19, 2025.
ADDRESSES:
You may submit comments identified by Docket Number FMCSA-2025-0085 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, West Building, Ground Floor, Washington, DC 20590-0001.
• Hand Delivery or Courier: 1200 New Jersey Avenue SE, West Building, Ground Floor, 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-2025-0085) 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.
Docket: To view any documents mentioned as being available in the docket, go to https://www.regulations.gov/docket/FMCSA-2025-0085/document and choose the document to review. To view comments, click this notice, then click "Browse Comments." If you do not have access to the internet, you may view the docket online by visiting Dockets Operations on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., 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.
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. David Sutula, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, FMCSA; (202) 366-9209; MCPSV@dot.gov. If you have questions on viewing or submitting material to the docket, contact Dockets Operations at (202) 366-9826.
[top] 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-2025-0085), indicate the specific section of this document to which the comment applies, and provide a reason for suggestions or recommendations. 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-2025-0085/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 brian.g.dahlin@dot.gov, Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or via email at brian.g.dahlin@dot.gov. 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.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant exemptions from the Federal Motor Carrier Safety Regulations. 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 safety analyses and public comments submitted and determines whether granting the exemption would likely maintain a level of safety equivalent to, or greater than, the level that would be achieved absent such exemption, pursuant to the standard in 49 U.S.C. 31315(b)(1). 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
Yarde Metals seeks an indefinite exemption from the requirement in 49 CFR 393.25(e) that all exterior lamps (both required lamps and any additional lamps) be steady burning, except for turn signal lamps, hazard warning signal lamps, school bus warning lamps, amber warning lamps or flashing warning lamps on tow trucks and CMVs transporting oversized loads, and warning lamps on emergency and service vehicles authorized by State or local authorities.
Yarde Metals asserts that the use of Amber Brake-Activated Pulsating Lamps ("Pulsating Lamps") on its fleet of CMVs, in addition to the steady-burning brake lamps required under 49 CFR 393.25(e), increases the visibility of CMVs to rear-approaching drivers, thereby reducing the likelihood and risk of rear-end accidents. The Pulsating Lamp is positioned on the rear center outside frame rail of the CMV and activates when the driver presses the brake pedal. Yarde Metals submits that the use of Pulsating Lamps would increase its operational safety levels, citing research by the National Highway Traffic Safety Administration (NHTSA) and the National Safety Council (NSC).
Yarde Metals states that Section 5222 of the Fixing America's Surface Transportation Act directed FMCSA to adopt a "Beyond Compliance" program to provide special recognition and safety benefits for motor carriers that install advanced safety equipment or adopt fleet safety management tools, technologies, and programs that are geared toward operational safety. In the spirit of the Beyond Compliance program, Yarde Metals is seeking to install the lamps as advanced safety features in addition to those that are already required by the existing rule at 49 CFR 393.25(e).
A copy of the Yarde Metals application, as well as the NHTSA and NSC materials attached to the application, are included in the docket referenced at the beginning of this notice.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public comment from all interested persons on Yarde Metals application for an exemption from 49 CFR 393.25(e) to allow the company to operate CMVs equipped with an Amber Brake-Activated Pulsating Lamp, in addition to the required steady-burning brake lamps.
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. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. In addition to late comments, FMCSA will continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should continue to examine the public docket for new material.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2025-06550 Filed 4-16-25; 8:45 am]
BILLING CODE 4910-EX-P