Notice2025-20675
Parts and Accessories Necessary for Safe Operation; Application for Exemption From Atlantic Aviation Orlando, LLC
Primary source
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Published
November 24, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on an application for a 5-year exemption submitted by Atlantic Aviation Orlando, LLC (Atlantic). Atlantic seeks an exemption from 49 CFR 393.83(e), which requires the exhaust system on certain commercial motor vehicles to discharge at or near the rear of the cab. The exemption would allow Atlantic's jet-fueler trucks to discharge exhaust forward of the cab when operating on public roads. FMCSA requests public comment on Atlantic's application.
Full Text
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<title>Federal Register, Volume 90 Issue 224 (Monday, November 24, 2025)</title>
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[Federal Register Volume 90, Number 224 (Monday, November 24, 2025)]
[Notices]
[Pages 53046-53048]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20675]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2025-0424]
Parts and Accessories Necessary for Safe Operation; Application
for Exemption From Atlantic Aviation Orlando, LLC
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
requests public comment on an application for a 5-year exemption
submitted by Atlantic Aviation Orlando, LLC (Atlantic). Atlantic seeks
an exemption from 49 CFR 393.83(e), which requires the exhaust system
on certain commercial motor vehicles to discharge at or near the rear
of the cab. The exemption would allow Atlantic's jet-fueler trucks to
discharge exhaust forward of the cab when operating on public roads.
FMCSA requests public comment on Atlantic's application.
DATES: Comments must be received on or before December 24, 2025.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2025-0424 by any of the following
methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. See the
Public Participation and Request for Comments section below for further
information.
<bullet> Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building,
[[Page 53047]]
Ground Floor, Room W12-140, Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
<bullet> Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2025-0424) for this notice. Note that DOT posts all comments
received without change to <a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal
information included in a comment. Please see the Privacy Act heading
below.
Docket: For access to the docket to read background documents or
comments, go to <a href="http://www.regulations.gov">www.regulations.gov</a> 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 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, without edit, including any personal information
the commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>. As described in the
system of records notice DOT/ALL 14-FDMS, which can be reviewed at
<a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>, the comments 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, at (202)-961-1373, or by email at <a href="/cdn-cgi/l/email-protection#226f6172717462464d560c454d54"><span class="__cf_email__" data-cfemail="05484655565345616a712b626a73">[email protected]</span></a>.
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.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2025-0424), 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 <a href="http://www.regulations.gov">www.regulations.gov</a> and put
the docket number ``FMCSA-2025-0424'' in the keyword box, and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, click the ``Comment'' button, and type your
comment into the text box on the following screen. Choose whether you
are submitting your comment as an individual or on behalf of a third
party and then submit. 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. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope. FMCSA
will consider all comments and material received during the comment
period.
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 any safety analyses that have been conducted. 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 by the current regulation (49 CFR
381.305). 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 393.83(e) of the FMCSRs requires the exhaust system of a
bus, truck, or truck tractor to discharge to the atmosphere at or near
the rear of the cab (i.e., not forward of the cab).
Applicant's Request
Atlantic Aviation Orlando, LLC requests an exemption from 49 CFR
393.83(e) to allow four jet-fuel refueler straight trucks (units JT-01,
JT-03, JT-04, and JT-07) to continue operating with exhaust outlets
located forward of the cab, as designed, while conducting escorted
movements within Orlando International Airport, traveling approximately
a one-mile round trip between Atlantic's facilities at 9245 Tradeport
Drive and the Airport Fuel facilities at 3800 Express Street. Atlantic
states the vehicles' exhaust outlets were installed below the front
bumper to comply with the National Fire Protection Association (NFPA)
407 Section 6.1.13.4, which prohibits discharging exhaust where it
could ignite fuel vapors present during normal operations or released
by accidental spillage or leakage. Atlantic asserts that discharging
exhaust rearward, where fuel vapors may be present, poses a safety risk
that could create ignition hazards or risk aircraft damage.
To support an equivalent level of safety, Atlantic provided results
of in-cab carbon monoxide (CO) testing on three of their jet-fuel
refulers trucks JT-01, JT-03 and JT-07, showing 0 parts per million
(ppm) CO under idle and top-speed conditions, corresponding to an 8-
hour time-weighted average of 0 ppm which is below the Occupational
Safety and Health Administration (OSHA) Permissible Exposure Limit
(PEL) of 50 ppm.
A copy of Atlantic's application for exemption, and all supporting
materials, are 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 Atlantic's application for a
five-year exemption from 49 CFR 393.95(f), 392.22(a), and 392.22(b)
(f).
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
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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. 2025-20675 Filed 11-21-25; 8:45 am]
BILLING CODE 4910-EX-P
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