[Federal Register Volume 90, Number 103 (Friday, May 30, 2025)]
[Proposed Rules]
[Pages 22923-22926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09719]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 393
[Docket No. FMCSA-2025-0117]
RIN 2126-AC91
Parts and Accessories Necessary for Safe Operation; Fuel Tank
Overfill Restriction
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: FMCSA proposes to remove the requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) that a liquid fuel tank
manufactured on or after January 1, 1973, be designed and constructed
so that it cannot be filled, in a normal filling operation, with a
quantity of fuel that exceeds 95 percent of the tank's liquid capacity.
This proposal is in response to a petition for rulemaking from the
Commercial Vehicle Safety Alliance (CVSA). The proposed change would
remove an unnecessary and outdated requirement from the FMCSRs.
DATES: Comments must be received on or before July 29, 2025.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2025-0117 using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2025-0117/document. Follow the online
instructions for submitting comments.
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: Dockets Operations, U.S.
Department of Transportation, 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. To be sure someone is
there to help you, please call (202) 366-9317 or (202) 366-9826 before
visiting Dockets Operations.
Fax: (202) 493-2251.
FOR FURTHER INFORMATION CONTACT: Mr. David Sutula, Chief, Vehicle and
Roadside Operations Division, FMCSA, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001; (202) 366-9209; [email protected]. If you
have questions on viewing or submitting material to the docket, call
Dockets Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION: FMCSA organizes this NPRM as follows:
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy
II. Abbreviations
III. Legal Basis
IV. Background
V. Discussion of Proposed Rulemaking
VI. International Impacts
VII. Section-by-Section Analysis
VII. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563
(Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
C. Advance Notice of Proposed Rulemaking
D. Regulatory Flexibility Act
E. Assistance for Small Entities
F. Unfunded Mandates Reform Act of 1995
G. Paperwork Reduction Act
H. E.O. 13132 (Federalism)
I. Privacy
J. E.O. 13175 (Indian Tribal Governments)
K. National Environmental Policy Act of 1969
L. Rulemaking Summary
I. Public Participation and Request for Comments
A. Submitting Comments
If you submit a comment, please include the docket number for this
NPRM (FMCSA-2025-0117), indicate the specific section of this document
to which your comment applies, and provide a reason for each suggestion
or recommendation. You may submit your comments and material online or
by fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2025-0117/document, click on this NPRM, 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.
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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to Brian Dahlin,
Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200
New Jersey Avenue SE, Washington, DC 20590-0001 or via email at
[email protected]. At this time, you need not send a duplicate
hardcopy of your electronic CBI submissions to FMCSA headquarters. Any
comments FMCSA receives not specifically designated as
[[Page 22924]]
CBI will be placed in the public docket for this rulemaking.
B. Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2025-0117/document and
choose the document to review. To view comments, click this NPRM, 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.
C. Privacy
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory 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 (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 edits and are
searchable by the name of the submitter.
II. Abbreviations
ANPRM Advance Notice of Proposed Rulemaking
CMV Commercial Motor Vehicle
CVSA Commercial Vehicle Safety Alliance
DOT Department of Transportation
FMCSRs Federal Motor Carrier Safety Regulations
FR Federal Register
NPRM Notice of Proposed Rulemaking
U.S.C. United States Code
III. Legal Basis
The provision now codified at 49 CFR 393.67(c)(12) was adopted over
50 years ago on the basis of the Motor Carrier Safety Act of 1935. As a
result of subsequent recodifications of title 49, United States Code
(U.S.C), that authority is now found at 49 U.S.C. 31502(b), which
authorizes the Secretary of Transportation to prescribe requirements
for, among other things, the ``safety of operation and equipment'' of a
motor carrier and the ``standards of equipment'' of a motor private
carrier (49 U.S.C. 31502(b)(1) and (2)).
Under 49 U.S.C. 31136(a), DOT is required to ``prescribe minimum
safety standards for commercial motor vehicles. At a minimum, the
regulations shall ensure that--(1) commercial motor vehicles are
maintained, equipped, loaded, and operated safely; (2) the
responsibilities imposed on operators of commercial motor vehicles do
not impair their ability to operate the vehicles safely; (3) the
physical condition of operators of commercial motor vehicles is
adequate to enable them to operate the vehicles safely . . .; (4) the
operation of commercial motor vehicles does not have a deleterious
effect on the physical condition of the operators; and (5) an operator
of a commercial motor vehicle is not coerced by a motor carrier,
shipper, receiver, or transportation intermediary to operate a
commercial motor vehicle in violation of a regulation promulgated under
this section [which is the basis for much of the FMCSRs], or chapter 51
or chapter 313 of this title.''
This NPRM is based on the authority of 49 U.S.C. 31136(a)(1) to
ensure that commercial motor vehicles (CMVs) are equipped and operated
safely. It does not implicate the driver-centered requirements of 49
U.S.C. 31136(a)(2) through (4). Because this NPRM would remove a
requirement otherwise applicable to motor carriers, there is no obvious
risk of coercion related to this proposed rule to which a driver might
be subjected.
While 49 U.S.C. 31502(b) and 31136(a)(1) authorize FMCSA to
promulgate the rules in 49 CFR part 393 (Parts and Accessories
Necessary for Safe Operation), they also allow the agency to remove
regulations that are no longer needed for the safe operation of CMVs.
For the reasons explained below, FMCSA believes 49 CFR 393.67(c)(12)(i)
is obsolete and should be rescinded.
IV. Background
Requirements that CMVs be equipped with various parts and
accessories are established in 49 CFR part 393, ``Parts and Accessories
Necessary for Safe Operation.'' Particularly, Sec. 393.67 sets out
requirements for liquid fuel tanks on CMVs. Section 393.67(c) contains
the requirements for the construction of liquid fuel tanks.
On April 5, 2023, CVSA submitted a petition for rulemaking
requesting a revision to Sec. 393.67 to remove the requirement in
paragraph (c)(12)(i) that a liquid fuel tank manufactured on or after
January 1, 1973, be designed and constructed so that it cannot be
filled, in a normal filling operation, with a quantity of fuel that
exceeds 95 percent of the tank's liquid capacity. FMCSA grants the
petition and addresses the revision requested through this rulemaking.
V. Discussion of Proposed Rulemaking
CVSA's petition requesting FMCSA remove paragraph (i) from Sec.
393.67(c)(12) stated that the current language is outdated and no
longer applicable to the current state of the industry.
CVSA stated that liquid fuel tanks are now manufactured with a
vented cap, which allow 100 percent fill, based on the positioning of
the filler neck and vented cap, with no resulting issues. Additionally,
CVSA stated that removing paragraph (c)(12)(i) would harmonize the
FMCSRs with Canadian regulations, which would be beneficial to motor
carriers who operate across international borders. Finally, CVSA stated
that this change would eliminate the need for motor carriers who are
operating vehicles that allow 100 percent fill to request an exemption
from the Agency to operate in the United States.
FMCSA agrees with CVSA's position that the current language in
Sec. 393.67(c)(12)(i) is outdated and no longer applicable. This
revision retains the overfill restriction in Sec. 393.67(c)(12)(ii)
that tanks must be designed and constructed so that, when the tank is
filled, normal expansion of the fuel will not cause fuel spillage. The
Agency is therefore proposing to remove the requirements in Sec.
393.67(c)(12)(i).
VI. International Impacts
Motor carriers and drivers are subject to the laws and regulations
of the countries that they operate in, unless an international
agreement states otherwise. Drivers and carriers should be aware of the
regulatory differences between nations.
VII. Section-by-Section Analysis
This section-by-section analysis describes the proposed changes in
numerical order.
Section 393.67 Liquid Fuel Tanks
FMCSA proposes to remove paragraph (c)(12)(i) and incorporate the
language from (c)(12)(ii) into (c)(12).
VIII. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
FMCSA has considered the impact of this NPRM under E.O. 12866 (58
FR 51735, Oct. 4, 1993), Regulatory Planning and Review, E.O. 13563 (76
FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory Review,
and DOT Regulatory Policies and
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Procedures. The Office of Information and Regulatory Affairs within the
Office of Management and Budget (OMB) determined that this NPRM is not
a significant regulatory action under section 3(f) of E.O. 12866, as
supplemented by E.O. 13563, and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order.
Accordingly, OMB has not reviewed it under that E.O.
The proposed rule would remove the requirement that liquid fuel
tanks manufactured on or after January 1, 1973, are designed and
constructed so that they cannot be filled, in a normal filling
operation, with a quantity of fuel that exceeds 95 percent of the
tank's liquid capacity. FMCSA has determined that this requirement is
unnecessary for safety, as modern liquid fuel tanks are equipped with
vented caps that safely accommodate a 100 percent fill. This proposed
rule would also lead to a decrease in the number of exemption requests
from motor carriers currently using tanks that exceed the 95 percent
fill limit, resulting in cost savings by removing the need to submit
these exemption requests. Furthermore, this proposed change would align
the FMCSRs with existing Canadian regulations, thereby simplifying
operations for affected motor carriers operating across borders. FMCSA
requests comment on the number of entities that submit exemption
requests for liquid fuel tanks exceeding the current 95 percent limit.
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
E.O. 14192 (90 FR 9065, Jan. 31, 2025), Unleashing Prosperity
Through Deregulation, requires that for ``each new [E.O. 14192
regulatory action] issued, at least ten prior regulations be identified
for elimination.'' \1\
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\1\ Executive Office of the President. Executive Order 14192 of
January 31, 2025. Unleashing Prosperity Through Deregulation. 90 FR
9065-9067. Feb. 6, 2025.
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Implementation guidance for E.O. 14192 issued by OMB (Memorandum M-
25-20, March 26, 2025) defines two different types of E.O. 14192
actions: an E.O. 14192 deregulatory action, and an E.O. 14192
regulatory action.\2\
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\2\ Executive Office of the President. Office of Management and
Budget. Guidance Implementing Section 3 of Executive Order 14192,
Titled ``Unleashing Prosperity Through Deregulation.'' Memorandum M-
25-20. March 26, 2025.
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An E.O. 14192 deregulatory action is defined as ``an action that
has been finalized and has total costs less than zero.'' This proposed
rulemaking is expected to have total costs less than zero, and
therefore would be considered an E.O. 14192 deregulatory action upon
issuance of a final rule.
C. Advance Notice of Proposed Rulemaking
Under 49 U.S.C. 31136(g), FMCSA is required to publish an advance
notice of proposed rulemaking (ANPRM) or proceed with a negotiated
rulemaking, if a proposed safety rule ``under this part'' \3\ is likely
to lead to the promulgation of a major rule.\4\ As this proposed rule
is not likely to result in the promulgation of a major rule, the Agency
is not required to issue an ANPRM or to proceed with a negotiated
rulemaking.
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\3\ Part B of Subtitle VI of Title 49, United States Code, i.e.,
49 U.S.C. chapters 311-317.
\4\ A major rule means any rule that the Office of Management
and Budget finds has resulted in or is likely to result in (a) an
annual effect on the economy of $100 million or more; (b) a major
increase in costs or prices for consumers, individual industries,
geographic regions, Federal, State, or local government agencies; or
(c) significant adverse effects on competition, employment,
investment, productivity, innovation, or on the ability of United
States-based enterprises to compete with foreign-based enterprises
in domestic and export markets (5 U.S.C. 804(2)).
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D. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,\5\
requires Federal agencies to consider the effects of the regulatory
action on small business and other small entities and to minimize any
significant economic impact. The term small entities comprises small
businesses and not-for-profit organizations that are independently
owned and operated and are not dominant in their fields, and
governmental jurisdictions with populations of less than 50,000 (5
U.S.C. 601(6)). Accordingly, DOT policy requires an analysis of the
impact of all regulations on small entities, and mandates that agencies
strive to lessen any adverse effects on these businesses.
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\5\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
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No regulatory flexibility analysis is required, however, if the
head of an Agency or an appropriate designee certifies that the rule
will not have a significant economic impact on a substantial number of
small entities. This proposed rulemaking would remove an outdated and
unnecessary requirement for liquid fuel tanks manufactured on or after
January 1, 1973. FMCSA expects that the number of exemption requests
would decrease resulting in de minimis cost savings. The Agency
requests data or any other information that could assist in quantifying
these costs savings. Consequently, I certify that the proposed action
would not have a significant economic impact on a substantial number of
small entities.
E. Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857),
FMCSA wants to assist small entities in understanding this proposed
rule so they can better evaluate its effects on themselves and
participate in the rulemaking initiative. If the proposed rule would
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please consult the person listed under FOR FURTHER
INFORMATION CONTACT.
Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman (Office of the National
Ombudsman, see https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman) and the Regional Small Business Regulatory Fairness
Boards. The Ombudsman evaluates these actions annually and rates each
agency's responsiveness to small business. If you wish to comment on
actions by employees of FMCSA, call 1-888-REG-FAIR (1-888-734-3247).
DOT has a policy regarding the rights of small entities to regulatory
enforcement fairness and an explicit policy against retaliation for
exercising these rights.
F. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
(UMRA) requires Federal agencies to assess the effects of their
discretionary regulatory actions. The Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $206 million (which is the
value equivalent of $100 million in 1995, adjusted for inflation to
2024 levels) or more in any 1 year. Because this proposed rule would
not result in such an expenditure, a written statement is not required.
G. Paperwork Reduction Act
This proposed rule contains no new information collection
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
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H. E.O. 13132 (Federalism)
A rule has implications for federalism under section 1(a) of E.O.
13132 if it has ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.''
FMCSA has determined that this proposed rule would not have
substantial direct costs on or for States, nor would it limit the
policymaking discretion of States. Nothing in this document preempts
any State law or regulation. Therefore, this proposed rule does not
have sufficient federalism implications to warrant the preparation of a
Federalism Impact Statement.
I. Privacy
The Consolidated Appropriations Act, 2005,\6\ requires the Agency
to assess the privacy impact of a regulation that will affect the
privacy of individuals. This NPRM would not require the collection of
personally identifiable information.
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\6\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5
U.S.C. 552a (Dec. 4, 2014).
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The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency that receives records contained in a system
of records from a Federal agency for use in a matching program.
The E-Government Act of 2002,\7\ requires Federal agencies to
conduct a PIA for new or substantially changed technology that
collects, maintains, or disseminates information in an identifiable
form. No new or substantially changed technology would collect,
maintain, or disseminate information as a result of this rulemaking.
Accordingly, FMCSA has not conducted a PIA.
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\7\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17,
2002).
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In addition, the Agency will complete a Privacy Threshold
Assessment (PTA) to evaluate the risks and effects the proposed
rulemaking might have on collecting, storing, and sharing personally
identifiable information. The PTA will be submitted to FMCSA's Privacy
Officer for review and preliminary adjudication and to DOT's Privacy
Officer for review and final adjudication.
J. E.O. 13175 (Indian Tribal Governments)
This proposed rule does not have Tribal implications under E.O.
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.
K. National Environmental Policy Act of 1969
FMCSA analyzed this proposed rule pursuant to the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.). The
Agency believes this proposed rule, if finalized, would not have a
reasonably foreseeable significant effect on the quality of the human
environment. This action would likely fall under a published
categorical exclusion and thus be excluded from further analysis and
documentation in an environmental assessment or environmental impact
statement under FMCSA Order 5610.1 (69 FR 9680), Appendix 2.
Specifically, paragraph (6)(bb), which covers regulations pertaining to
vehicle operation safety standards, equipment approval, and/or
equipment carriage requirements. The public is invited to comment on
the impact of the proposed Agency action.
L. Rulemaking Summary
In accordance with 5 U.S.C. 553(b)(4), a summary of this proposed
rule may be found at regulations.gov, under the docket number.
List of Subjects in 49 CFR Part 393
Highway safety, Motor carriers, Motor vehicle safety.
Accordingly, FMCSA proposes to amend 49 CFR part 393 to read as
follows:
PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION
0
1. The authority citation for part 393 continues to read as follows:
Authority: 49 U.S.C. 31136, 31151, 31502; sec. 1041(b), Pub. L.
102-240, 105 Stat. 1914, 1993; secs. 5301 and 5524, Pub. L. 114-94,
129 Stat. 1312, 1543, 1560; and 49 CFR 1.87.
0
2. Amend Sec. 393.67 by revising paragraph (c)(12) to read as follows:
Sec. 393.67 Liquid fuel tanks.
* * * * *
(c) * * *
(12) Overfill restriction. A liquid fuel tank manufactured on or
after January 1, 1973, must be designed and constructed so that when
the tank is filled, normal expansion of the fuel will not cause fuel
spillage.
* * * * *
Issued under authority delegated in 49 CFR 1.87.
Sue Lawless,
Assistant Administrator.
[FR Doc. 2025-09719 Filed 5-27-25; 4:15 pm]
BILLING CODE 4910-EX-P