[Federal Register Volume 91, Number 33 (Thursday, February 19, 2026)]
[Rules and Regulations]
[Pages 7874-7877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-03255]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 393
[Docket No. FMCSA-2025-0107]
RIN 2126-AC81
Parts and Accessories Necessary for Safe Operation; Certification
and Labeling Requirements for Rear Impact Protection Guards
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: FMCSA amends the Federal Motor Carrier Safety Regulations
(FMCSR) to rescind the requirement that the rear impact guard be
permanently marked or labeled with a certification from the impact
guard manufacturer as required by the applicable Federal Motor Vehicle
Safety Standard (FMVSS) promulgated by the National Highway Traffic
Safety Administration (NHTSA). The certification label or marking
provides motor carriers purchasing new trailers or new impact guards to
replace damaged devices with a means to determine whether the equipment
is certified as meeting the FMVSS. However, the labeling or marking
requirement has proven problematic for motor carriers when the label or
marking becomes illegible or wears off during the service life of the
trailer or guard. This final rule eliminates an unintended regulatory
burden on motor carriers without compromising safety, as it does not
affect the applicable FMVSS. The final rule also rescinds a guidance
document pertaining to illegible, incomplete, or missing rear impact
guard certification labels.
DATES: Effective March 23, 2026.
Petitions for reconsideration of this final rule must be submitted
to the FMCSA Administrator no later than March 23, 2026.
FOR FURTHER INFORMATION CONTACT: Mr. David Sutula, Chief, Vehicle and
Roadside Operations Division, FMCSA, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001; (202) 366-2551; [email protected].
SUPPLEMENTARY INFORMATION: FMCSA organizes this final rule as follows:
I. Availability of Rulemaking Documents
II. Abbreviations
III. Legal Basis
IV. Discussion of Proposed Rulemaking and Comments
V. International Impacts
VI. Section-by-Section Analysis
VII. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
C. Congressional Review Act
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
I. Availability of Rulemaking Documents
To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2025-0107/document and
choose the document to review. To view comments, click this final rule,
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.
II. Abbreviations
ATA American Trucking Associations
CFR Code of Federal Regulations
CMV Commercial motor vehicle
CVSA Commercial Vehicle Safety Alliance
DOT Department of Transportation
FMCSR Federal Motor Carrier Safety Regulations
FMVSS Federal Motor Vehicle Safety Standard
FR Federal Register
NHTSA National Highway Traffic Safety Administration
NPRM Notice of proposed rulemaking
NTTC National Tank Truck Carriers
OMB Office of Management and Budget
OOIDA Owner-Operator Independent Drivers Association
PIA Privacy Impact Assessment
PTA Privacy Threshold Assessment
U.S.C. United States Code
III. Legal Basis
This rulemaking is based on the authority of the Motor Carrier Act
of 1935 (49 Stat. 543) (1935 Act) and the Motor Carrier Safety Act of
1984 (Title II of Pub. L. 98-554, 98 Stat. 2832) (1984 Act), as
amended.
The 1935 Act, as amended, provides that ``[t]he Secretary of
Transportation may prescribe requirements for--(1) qualifications and
maximum hours of service of employees of, and safety of operation and
equipment of, a motor carrier; and (2) qualifications and maximum hours
of service of employees of, and standards of equipment of, a private
motor carrier, when needed to promote safety of operation'' (49 U.S.C.
31502(b)).
This final rule amends the FMCSR by rescinding the requirement that
the rear impact guard be permanently marked or labeled with a
certification from the impact guard manufacturer as required by the
applicable FMVSS. The 1935 Act authorized the Agency to adopt and
enforce this requirement, and also authorizes the amendment of this
requirement.
The 1984 Act provides concurrent authority to regulate drivers,
motor carriers, and vehicle equipment. It requires the Secretary of
Transportation to ``prescribe regulations on commercial motor vehicle
safety.'' The regulations shall prescribe minimum safety standards for
CMVs. At a minimum, pursuant to 49 U.S.C. 31136(a), as amended, the
regulations shall ensure that: (1) CMVs are maintained, equipped,
loaded, and operated safely; (2) the responsibilities imposed on
operators of CMVs do not impair their ability to operate the vehicles
safely; (3) the physical condition of operators of CMVs is adequate to
enable them to operate vehicles safely; (4) the operation of CMVs does
not have a deleterious effect on the physical condition of the
operators; and (5) drivers are not coerced by motor carriers, shippers,
receivers, or transportation intermediaries to operate a vehicle in
violation of a regulation promulgated under 49 U.S.C. 31136 (which is
the basis for much of the FMCSR) or 49 U.S.C. chapters 51 or 313.
This final rule concerns parts and accessories necessary for the
safe operation of CMVs. It is based on section 31136(a)(1) because it
deals with maintenance of rear impact guards. The final rule does not
implicate the driver-centered requirements of sections 31136(a)(2)-(4).
As the amendment in this rule pertains only to the certification label
or marking, FMCSA does not expect CMV drivers will be exposed to
greater risk of being coerced to operate trailers with missing or non-
compliant rear impact guards, as required by section 31136(a)(5).
[[Page 7875]]
IV. Discussion of Proposed Rulemaking and Comments
A. Proposed Rulemaking
On May 30, 2025, FMCSA published in the Federal Register (Docket
No. FMCSA-2025-0107, 90 FR 22942) a notice of proposed rulemaking
(NPRM) titled ``Parts and Accessories Necessary for Safe Operation:
Certification and Labeling Requirements for Rear Impact Protection
Guards.'' The NPRM proposed to amend the FMCSR to rescind the
requirement that the rear impact guard be permanently marked or labeled
with a certification from the impact guard manufacturer as required by
NHTSA's applicable FMVSS.
B. Comments and Responses
FMCSA solicited comments concerning the NPRM for 60 days ending
July 29, 2025. By that date, five comments were received from the
following parties: the American Trucking Associations (ATA), the
Commercial Vehicle Safety Alliance (CVSA), the National Tank Truck
Carriers (NTTC), the Owner-Operator Independent Drivers Association
(OOIDA), and Eric Hein, a private citizen.
ATA, CVSA, NTTC, and OOIDA submitted comments in support of the
NPRM. Eric Hein opposed the NPRM, arguing that NHTSA and FMCSA had
repeatedly declined previous requests to rescind 49 CFR 393.86(a)(6).
He noted that NHTSA and FMCSA had both concluded that its removal would
compromise the overall safety of the motoring public.
FMCSA disagrees with Mr. Hein. While a certification that a rear
underride device meets applicable NHTSA standards at the time of
manufacture is a safety measure, its value as a guarantor of safety
declines as wear and tear degrade the legibility of the label as the
vehicle continues in service. That fact is well known to CVSA, whose
members are repeatedly confronted with so-called ``permanent'' labels
that are only partially legible or even worn away. Furthermore, motor
carriers are unable to obtain replacement certification labels if the
original is degraded. When FMCSA amended its rules on rear impact
guards in 2021, it declined to make obscured or missing certification
labels a basis for a failed inspection. Sec. 15.a.1 of Appendix A to 49
CFR part 396 (Minimum Periodic Inspection Standards) makes a ``missing
guard'' a reason for failure, along with certain structural and
dimensional deficiencies, but a missing label was not considered a
problem of comparable concern and was therefore not included on the
list in the appendix (86 FR 62105, 62111, 62112, Nov. 9, 2021).
In the 2021 final rule, FMCSA acknowledged that CVSA had submitted
petitions for rulemaking to both FMCSA and NHTSA requesting elimination
of the labeling requirement for rear impact guards, and determined the
petition was outside the scope of that rulemaking and would be
addressed separately (86 FR 62108). In the September 4, 2024 letter
denying CVSA's petition, FMCSA agreed with NHTSA's analysis of the
safety benefits of FMVSS No. 223 in their separate denial of CVSA's
petition. While FMCSA determined a rule text change was not necessary
at that time, the Agency did find it appropriate to address the issue
through regulatory guidance, which was issued shortly thereafter on
December 10, 2024, explaining that an illegible, incomplete, or missing
rear impact guard certification label does not establish a violation of
49 CFR 393.86(a)(6).\1\ Following FMCSA's denial of CVSA's initial
petition and subsequent issuance of guidance, the Agency determined
that the requirement in section 393.86(a)(6) was still causing
confusion and concern regarding rear impact guard inspection
requirements. As noted in the NPRM for this rulemaking, FMCSA believes
the rescission of section 393.86(a)(6) ``would eliminate an unintended
regulatory burden on motor carriers without compromising safety.'' This
rulemaking does not affect the applicable FMVSS. Therefore, this final
rule does not remove the labeling requirement for rear impact guards in
FMVSS No. 223, nor does it reduce the safety benefits associated with
that requirement.
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\1\ FMCSA. ``Does an illegible, incomplete, or missing rear
impact guard certification label establish a violation of 49 CFR
393.86(a)(6), or indicate that the impact guard did not meet the
National Highway Traffic Safety Administration's (NHTSA) strength
and energy absorption requirements applicable to manufacturers at
the time the trailer was built?'' FMCSA-VEH-393.86-FAQ001(2024-12-
10) (Dec. 10, 2024). Available on FMCSA's Guidance Portal at https://www.fmcsa.dot.gov/regulations/enforcement/does-illegible-incomplete-or-missing-rear-impact-guard-certification-label.
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V. International Impacts
Motor carriers and drivers are subject to the laws and regulations
of the countries in which they operate, unless an international
agreement states otherwise. Drivers and carriers should be aware of the
regulatory differences between nations.
VI. Section-BY-Section Analysis
This section-by-section analysis describes the changes to the
regulatory text in numerical order.
A. Regulatory Provisions
Section 393.86 Rear Impact Guards and Rear End Protection
FMCSA amends section 393.86 to remove the certification and
labeling requirements in paragraph (a)(6).
B. Guidance Statements and Interpretations
This rule amends a regulation that has associated guidance
statement(s) or interpretation(s). Such guidance statements do not have
the force and effect of law, are strictly advisory, and are not meant
to bind the public in any way. Conformity with guidance statements is
voluntary. Guidance is intended only to provide information to the
public regarding existing requirements under the law or FMCSA policies.
A guidance statement does not alter the substance of a regulation.
On December 10, 2024, FMCSA issued a guidance document to address
the issue of illegible, incomplete, or missing rear impact guard
certification labels under section 393.86(a)(6).\2\ FMCSA rescinds this
guidance as no longer necessary.
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\2\ Id.
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VII. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review) and
DOT Regulatory Policies and Procedures
FMCSA has considered the impact of this final rule under E.O. 12866
(58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, and DOT
Order 2100.6B.\3\ The Office of Information and Regulatory Affairs
within the Office of Management and Budget (OMB) determined that this
final rulemaking is not a significant regulatory action under section
3(f) of E.O. 12866, 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.
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\3\ DOT Order 2100.6B is available at https://www.transportation.gov/regulations/dot-order-21006b-policies-and-procedures-rulemakings.
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Section 393.86(a) currently requires most trailers and semitrailers
manufactured on or after January 26, 1998, to be equipped with rear
impact guards that meet NHTSA's requirements. This final rule
eliminates only the FMCSR requirement that the impact guard have a
certification label or marking in perpetuity, while retaining NHTSA's
requirement
[[Page 7876]]
applicable at the time of manufacture and sale.
This rulemaking eliminates the problem of motor carriers receiving
citations for missing or illegible certification labels during
inspections by Federal and State personnel. Because the Agency does not
have data on the frequency with which such citations are accompanied by
a State-issued fine, it is not possible to estimate the cost savings
for motor carriers; however, the Agency expects the cost savings to be
de minimis.
The Agency does not expect this final rule to result in safety
benefits beyond the baseline established in the FMCSR. As required by
section 396.17, motor carriers currently complete annual inspections of
all items identified in Appendix A to part 396, which includes rear
impact guards. In addition, CMVs are subject to inspections conducted
in accordance with CVSA's North American Standard Inspection Program
that may occur throughout the year, which include the examination of
rear impact guards.
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.'' \4\
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\4\ 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.\5\
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\5\ OMB, Guidance Implementing Section 3 of Executive Order
14192, Titled ``Unleashing Prosperity Through Deregulation,''
Memorandum M-25-20 (Mar. 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 final
rulemaking is expected to have total costs less than zero, and
therefore is considered an E.O. 14192 deregulatory action. This
rulemaking will result in cost savings for motor carriers that will no
longer be issued citations for missing or illegible certification
labels during Federal and State inspections. The cost savings of this
final rulemaking could not be quantified.
C. Congressional Review Act
This final rule is not a major rule as defined under the
Congressional Review Act (5 U.S.C. 801-808).'' \6\
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\6\ A major rule means any rule that OMB 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,\7\
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 means 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. The Small
Business Administration develops the size standards used to classify
entities as small, and establishes separate standards for each
industry, as defined by the North American Industry Classification
System. The motor carriers that will be affected by this rule fall into
many different industry codes with differing size standards. Because
this final rule will impact all motor carriers, including those
considered to be small entities, FMCSA anticipates that this final rule
will impact a substantial number of small entities.
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\7\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
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However, FMCSA has determined that this final rule will not have a
significant impact on the affected entities. This final rule rescinds
the requirement that the manufacturer certification label be
permanently displayed on the rear impact guard. The manufacturer
certification label provides a motor carrier purchasing new trailers or
new impact guards to replace damaged devices with a means to determine
whether the equipment is certified as meeting the NHTSA requirements.
However, the labeling requirement has proven problematic for motor
carriers when the label becomes illegible or wears off during the
service life of the trailer. This final rule eliminates an unintended
regulatory burden on motor carriers without compromising safety. The
Agency expects the impacts of this final rule will be de minimis, and
therefore, does not expect the final rule to have a significant
economic impact on a substantial number of small entities.
Consequently, I certify that this action will 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 final rule
so they can better evaluate its effects on themselves and participate
in the rulemaking initiative. If the final rule will 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)
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 final rule will not result in such an
expenditure, a written statement is not required.
[[Page 7877]]
G. Paperwork Reduction Act
This final rule contains no new information collection requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
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 final rule will not have substantial
direct costs on or for States, nor will it limit the policymaking
discretion of States. Nothing in this document preempts any State law
or regulation. Therefore, this final rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Impact Statement.
I. Privacy
The Consolidated Appropriations Act, 2005,\8\ requires the Agency
to assess the privacy impact of a regulation that will affect the
privacy of individuals. This final rule will not require the collection
of personally identifiable information.
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\8\ 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,\9\ requires Federal agencies to
conduct a Privacy Impact Analysis (PIA) for new or substantially
changed technology that collects, maintains, or disseminates
information in an identifiable form. No new or substantially changed
technology will collect, maintain, or disseminate information as a
result of this final rule. Accordingly, FMCSA has not conducted a PIA.
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\9\ 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 final rule 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 final 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 final rule pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Agency
believes this final rule will not have a reasonably foreseeable
significant effect on the quality of the human environment. This action
falls under a published categorical exclusion and is thus excluded from
further analysis and documentation in an environmental assessment or
environmental impact statement under DOT Order 5610.1D,\10\ Subpart B,
paragraph e(6)(bb). The categorical exclusion in paragraph (e)(6)(bb)
covers regulations pertaining to vehicle operation safety standards,
equipment approval, and/or equipment carriage requirements.
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\10\ Available at https://www.transportation.gov/mission/dots-procedures-considering-environmental-impacts.
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List of Subjects in 49 CFR Part 393
Highway safety, Motor carriers, Motor vehicle safety, Reporting and
recordkeeping requirements.
Accordingly, FMCSA amends 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.
Sec. 393.86 [Amended]
0
2. Amend Sec. 393.86 by removing and reserving paragraph (a)(6).
Issued under authority delegated in 49 CFR 1.87.
Derek Barrs,
Administrator.
[FR Doc. 2026-03255 Filed 2-18-26; 8:45 am]
BILLING CODE 4910-EX-P