[Federal Register Volume 91, Number 11 (Friday, January 16, 2026)]
[Notices]
[Pages 2271-2272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-00780]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0069]
Parts and Accessories Necessary for Safe Operation; Application
for Exemption Renewal From Charles Machine Works, Inc.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for renewal of exemption; request for
comments.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
requests public comment on an application from Charles Machine Works,
Inc. (CMW), a wholly owned subsidiary of The Toro Company, seeking
renewal of a 5-year exemption from the Agency's prohibition against the
use of gravity-fed or siphon-fed fuel systems on commercial motor
vehicles (CMVs). The exemption would allow CMW's CMVs equipped with
certain auxiliary equipment to use gravity-fed or siphon-fed fuel
systems when the auxiliary equipment is operated only while the CMV is
stationary. FMCSA requests public comment on CMW's application for
renewal of this exemption.
DATES: Comments must be received on or before February 17, 2026.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2019-0069 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, between 9 a.m. and 5 p.m. E.T., Monday through
Friday, except Federal holidays.
Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2019-0069) for this notice. Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption process. DOT
posts these comments, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice DOT/ALL 14-FDMS, 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, Chief, Vehicle and
Roadside Operations Division, Office of Carrier, Driver, and Vehicle
Safety, FMCSA; (202) 961-1373; [email protected]. If you have
questions on viewing or submitting material to the docket, contact
Dockets Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2019-0069), 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-2019-0069/document, click on this notice, click
``Comment,'' and type your comment into the text box on the following
screen.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing.
FMCSA will consider all comments and material received during the
comment period. Comments received after the comment closing date will
be filed in the public docket and will be considered to the extent
practicable.
B. Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the notice contain commercial or
financial information that is customarily treated as private, that you
actually treat as private, and that is relevant or responsive to the
notice, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission that
constitutes CBI as ``PROPIN'' to indicate it contains proprietary
information. FMCSA will treat such marked submissions as confidential
under the Freedom of Information Act, and they will not be placed in
the public docket of the notice. Submissions containing CBI should be
sent to Brian Dahlin Chief, Regulatory Evaluation Division, Office of
Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or
via email at [email protected]. At this time, you need not send a
duplicate hardcopy of your electronic CBI submissions to FMCSA
headquarters. Any comments FMCSA receives not specifically designated
as CBI will be placed in the public docket for this notice.
C. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to https://www.regulations.gov, insert FMCSA-2019-0069 in the keyword box, select
the document tab and choose the document to review. To view comments,
click this notice, then click ``Browse Comments.'' If you do not have
access to the internet, you may view the docket by visiting Docket
Operations 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.,
ET Monday through Friday, except Federal holidays. To be sure someone
is there to help you, please call (202) 366-9317 or (202) 366-9826
before visiting Dockets Operations.
[[Page 2272]]
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from Federal Motor Carrier Safety Regulations (FMCSRs).
FMCSA must publish a notice of each exemption request in the Federal
Register (49 CFR 381.315(a)). The Agency must provide the public an
opportunity to inspect the information relevant to the application,
including the applicant's safety analysis. The Agency must provide an
opportunity for public comment on the request.
The Agency reviews the application, safety analyses, and public
comments submitted and determines whether granting the exemption would
likely achieve a level of safety equivalent to, or greater than, the
level that would be achieved absent such exemption, pursuant to the
standard set forth 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
Current Regulatory Requirements
Section 393.65 of the FMCSRs prescribes certain requirements that
are applicable to all CMV fuel systems. The requirements in this
section apply to systems for containing and supplying fuel for the
operation of (1) motor vehicles or (2) auxiliary equipment installed
on, or used in connection with, motor vehicles. Section 393.65(d)
prohibits a fuel system from supplying fuel by gravity or syphon feed
directly to the carburetor or injector.
Application for Renewal of Exemption
On September 16, 2020, FMCSA published a notice of final
disposition granting CMW's application for a 5-year exemption to allow
the use of gravity or syphon-fed fuel systems for auxiliary equipment
that operates only when the CMV is stationary (85 FR 57928). FMCSA
determined that granting the exemption was likely to achieve a level of
safety that was equivalent to or greater than that provided under
existing regulations.
The exemption allowed CMVs equipped with certain auxiliary
equipment to use gravity-fed or siphon-fed fuel systems, provided that
the auxiliary equipment is operated only when the CMV is stationary and
not being operated on a public roadway. In granting the exemption,
FMCSA considered operating limitations, including that the auxiliary
equipment would not be operated while the CMV is in motion, thereby
reducing the potential for fuel leakage or fire-related risks during
highway operation.
Based on its review, FMCSA determined that the use of gravity-fed
or siphon-fed fuel systems for auxiliary equipment operating only while
the CMV is stationary would not adversely affect safety. FMCSA
concluded that granting the exemption would likely achieve a level of
safety equivalent to, or greater than, the level of safety achieved
without the exemption and granted the exemption for a period of five
years.
In its renewal application, CMW reiterates its previous statements
in support of the original exemption request. In addition, CMW reports
that there have been no known incidents involving the operation of the
auxiliary equipment while the CMV has been stationary during the
exemption period. CMW asserts that renewal of the exemption would
continue to provide a level of safety equivalent to, or greater than,
provided by the regulation.
A copy of CMW's application and supporting materials is available
for review in the docket for this notice.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on CMW's application for an
exemption from the requirements of 49 CFR 393.65(d). 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 may be considered to the extent practicable. In
addition to late comments, FMCSA will also 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. 2026-00780 Filed 1-15-26; 8:45 am]
BILLING CODE 4910-EX-P