Rule2026-03256
Parts and Accessories Necessary for Safe Operation; Brakes on Portable Conveyors
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 19, 2026
Effective
March 23, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA adds an exception for portable conveyors used in aggregate industry operations, and manufactured before 2010, from the requirement that each commercial motor vehicle (CMV) be equipped with brakes acting on all wheels, provided certain conditions are satisfied. This final rule responds to a petition for rulemaking from the Michigan Aggregates Association. The exception will provide relief from a regulatory requirement for certain portable conveyors without impacting safety.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 33 (Thursday, February 19, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 33 (Thursday, February 19, 2026)]
[Rules and Regulations]
[Pages 7887-7890]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03256]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 393
[Docket No. FMCSA-2025-0119]
RIN 2126-AC93
Parts and Accessories Necessary for Safe Operation; Brakes on
Portable Conveyors
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: FMCSA adds an exception for portable conveyors used in
aggregate industry operations, and manufactured before 2010, from the
requirement that each commercial motor vehicle (CMV) be equipped with
brakes acting on all wheels, provided certain conditions are satisfied.
This final rule responds to a petition for rulemaking from the Michigan
Aggregates Association. The exception will provide relief from a
regulatory requirement for certain portable conveyors without impacting
safety.
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; <a href="/cdn-cgi/l/email-protection#236742554a470d705657564f4263474c570d444c55"><span class="__cf_email__" data-cfemail="256144534c410b76505150494465414a510b424a53">[email protected]</span></a>. If you
have questions on viewing or submitting material to the docket, call
Dockets Operations at (202) 366-9826.
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 <a href="https://www.regulations.gov/docket/FMCSA-2025-0119/document">https://www.regulations.gov/docket/FMCSA-2025-0119/document</a> 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
CFR Code of Federal Regulations
CMV Commercial motor vehicle
DOT Department of Transportation
FMCSA Federal Motor Carrier Safety Administration
FMCSRs Federal Motor Carrier Safety Regulations
FR Federal Register
MPH Miles per hour
[[Page 7888]]
NPRM Notice of proposed rulemaking
PIA Privacy Impact Assessment
PTA Privacy Threshold Assessment
U.S.C. United States Code
III. Legal Basis
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, or chapter 51 or chapter 313 of this title.''
This final rule is based on the authority of 49 U.S.C. 31136(a)(1)
to ensure that 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 final rule creates an exception to a
requirement for brakes, there is no obvious risk of coercion related to
this final rule to which a driver might be subjected.
Commercial motor vehicle is defined in 49 Code of Federal
Regulations (CFR) 390.5 to include ``any self-propelled or towed motor
vehicle used on a highway in interstate commerce to transport
passengers or property when the vehicle--(1) Has a gross vehicle weight
rating or gross combination weight rating, or gross vehicle weight or
gross combination weight, of 4,536 kg (10,001 pounds) or more,
whichever is greater.'' The portable conveyors addressed by this final
rule and their towing vehicles have gross combination weights of 10,001
pounds or more, and are thus CMVs.
For the reasons explained below, FMCSA believes that exempting
portable conveyors from the requirement in 49 CFR 393.42(a) to have
brakes acting on all wheels (under the required conditions) will not
adversely affect the operational safety of combinations including such
conveyors.
IV. Discussion of Proposed Rulemaking and Comments
A. Proposed Rulemaking
On May 30, 2025, FMCSA published in the Federal Register (Docket
No. FMCSA-2025-0119, 90 FR 22938) a notice of proposed rulemaking
(NPRM) titled ``Parts and Accessories Necessary for Safe Operation;
Brakes on Portable Conveyors.'' The NPRM proposed to amend the FMCSR to
add an exception for portable conveyors used in aggregate industry
operations, and manufactured before 2010, from the requirements that
each CMV be equipped with brakes acting on all wheels, provided certain
conditions are satisfied. The proposal does not apply to portable
conveyors manufactured in or after 2010 because such conveyors are
fitted with disc braking systems that can withstand sand, rocks, and
other material; however, the drum brakes available prior to 2010 were
ineffectual or unsafe in such conditions and the older conveyors cannot
be retrofitted with disc brakes.
B. Comments and Responses
FMCSA solicited comments concerning the NPRM for 60 days ending
July 29, 2025. By that date, seven comments were received from the
following parties: the Illinois Association of Aggregate Producers,
Infra, the Michigan Aggregates Association, the National Sand, Stone &
Gravel Association, the Owner-Operator Independent Drivers Association,
the Pennsylvania Aggregates and Concrete Association, and the Virginia
Transportation Construction Alliance. All comments were supportive of
the NPRM, and none of the commenters suggested any modifications to the
proposal. In addition, the Michigan Aggregates Association and the
National Sand, Stone & Gravel Association stated that this rule would
promote consistency across jurisdictions and reduce confusion and
inconsistent enforcement of brake requirements for portable conveyors.
V. International Impacts
Motor carriers and drivers are subject to the laws and regulations
of the countries where 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.
Section 393.42 Brakes Required on All Wheels
FMCSA adds new paragraphs (b)(7)(i) through (iii) which provide an
exception for portable conveyors manufactured prior to 2010.
VII. 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 final rule under E.O. 12866
(58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, and DOT
Order 2100.6B.\1\ 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, 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.
---------------------------------------------------------------------------
\1\ DOT Order 2100.6B is available at <a href="https://www.transportation.gov/regulations/dot-order-21006b-policies-and-procedures-rulemakings">https://www.transportation.gov/regulations/dot-order-21006b-policies-and-procedures-rulemakings</a>.
---------------------------------------------------------------------------
The final rule adds an exception to the requirement for brakes on
all wheels for portable conveyors manufactured prior to 2010, when
certain conditions are satisfied. The towing vehicle and the portable
conveyor still need to meet the stopping performance required by
section 393.52(d). Furthermore, most towing vehicles are now equipped
with disc brakes or a combination of disc and drum brakes on wheels,
which have improved stopping distances by 30 percent since 2013 after
the adoption of FMVSS No. 121 (see 74 FR 37122 and 78 FR 9623). That
advancement in braking technology further diminished the necessity for
brakes on pre-2010 portable conveyors. Consequently, FMCSA determines
that this final rule will have no impact on safety. The final rule will
generate cost savings for owners of pre-2010 portable conveyors by
enhancing their economic viability and potentially extending their
useful lifespan. However, FMCSA does not have data to estimate the
reduction in costs that will result from this final rule.
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]
[[Page 7889]]
issued, at least ten prior regulations be identified for elimination.''
\2\
---------------------------------------------------------------------------
\2\ Executive Office of the President, Executive Order 14192 of
January 31, 2025, Unleashing Prosperity Through Deregulation, 90 FR
9065-9067 (Feb. 6, 2025).
---------------------------------------------------------------------------
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.\3\
---------------------------------------------------------------------------
\3\ OMB, Guidance Implementing Section 3 of Executive Order
14192, Titled ``Unleashing Prosperity Through Deregulation,''
Memorandum M-25-20 (Mar. 26, 2025).
---------------------------------------------------------------------------
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 will have total costs less than zero, and therefore is
considered an E.O. 14192 deregulatory action.
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).'' \4\
---------------------------------------------------------------------------
\4\ 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)).
---------------------------------------------------------------------------
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 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.
---------------------------------------------------------------------------
\5\ Public Law 104-121, 110 Stat. 857 (Mar. 29, 1996).
---------------------------------------------------------------------------
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 final rulemaking adds an exception to the
requirement for brakes on all wheels for portable conveyors
manufactured prior to 2010. By extending this regulatory relief, owners
of pre-2010 portable conveyors will experience some cost savings. FMCSA
considers any realized cost savings to be de minimis.
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 <a href="https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman">https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman</a>) 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.
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,\6\ 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.
---------------------------------------------------------------------------
\6\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5
U.S.C. 552a (Dec. 4, 2014).
---------------------------------------------------------------------------
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 Privacy Impact Assessment (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.
---------------------------------------------------------------------------
\7\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17,
2002).
---------------------------------------------------------------------------
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.
[[Page 7890]]
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.). This action
falls under a published categorical exclusion (CE) and is thus excluded
from further analysis and documentation in an environmental assessment
or environmental impact statement under DOT Order 5610.1D,\8\ Subpart
B, subsection (e). Specifically, paragraph (e)(6)(bb), which covers
regulations pertaining to vehicle operation safety standards, equipment
approval, and/or equipment carriage requirements, applies to this final
rule.
---------------------------------------------------------------------------
\8\ Available at: <a href="https://www.transportation.gov/mission/dots-procedures-considering-environmental-impacts">https://www.transportation.gov/mission/dots-procedures-considering-environmental-impacts</a>.
---------------------------------------------------------------------------
List of Subjects in 49 CFR Part 393
Highway safety, Motor carriers, Motor vehicle safety.
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.
0
2. Amend Sec. 393.42 by adding paragraph (b)(7) to read as follows:
Sec. 393.42 Brakes required on all wheels.
* * * * *
(b) * * *
(7) Portable conveyors manufactured prior to 2010 and used by the
aggregate industry are not required to be equipped with brakes on all
wheels provided:
(i) The combination of portable conveyor and towing vehicle meet
the performance requirement in 49 CFR 393.52;
(ii) The sum of the axle weights of the towed vehicle does not
exceed 40 percent of the sum of the axle weights of the towing vehicle;
and
(iii) The maximum speed of the portable conveyor and towing vehicle
is limited to 45 miles per hour (mph) on two lane roads and 55 mph on
freeways.
Issued under authority delegated in 49 CFR 1.87.
Derek Barrs,
Administrator.
[FR Doc. 2026-03256 Filed 2-18-26; 8:45 am]
BILLING CODE 4910-EX-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 19, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.