Rule2026-03257
Parts and Accessories Necessary for Safe Operation; Auxiliary Fuel Tanks
Primary source
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Published
February 19, 2026
Effective
March 23, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA amends its fuel tank requirements to add an exception to the prohibition on gravity and syphon feeds for auxiliary pumps with a nominal fuel tank capacity of not more than five gallons mounted on the trailer chassis frame or trailer bed, for purposes other than operation of the motor vehicle, that are operated only when the motor vehicle is not in motion. This revision responds to a petition for rulemaking from the Truck Trailer Manufacturers Association (TTMA). The revision provides relief from a regulatory requirement without impacting safety.
Full Text
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<title>Federal Register, Volume 91 Issue 33 (Thursday, February 19, 2026)</title>
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[Federal Register Volume 91, Number 33 (Thursday, February 19, 2026)]
[Rules and Regulations]
[Pages 7890-7893]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03257]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 393
[Docket No. FMCSA-2025-0120]
RIN 2126-AC94
Parts and Accessories Necessary for Safe Operation; Auxiliary
Fuel Tanks
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: FMCSA amends its fuel tank requirements to add an exception to
the prohibition on gravity and syphon feeds for auxiliary pumps with a
nominal fuel tank capacity of not more than five gallons mounted on the
trailer chassis frame or trailer bed, for purposes other than operation
of the motor vehicle, that are operated only when the motor vehicle is
not in motion. This revision responds to a petition for rulemaking from
the Truck Trailer Manufacturers Association (TTMA). The revision
provides relief from a regulatory requirement 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#b8fcd9ced1dc96ebcdcccdd4d9f8dcd7cc96dfd7ce"><span class="__cf_email__" data-cfemail="a5e1c4d3ccc18bf6d0d1d0c9c4e5c1cad18bc2cad3">[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. Changes From The NPRM
VI. International Impacts
VII. Section-by-Section Analysis
VIII. 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-2025-0120/document">https://www.regulations.gov/docket/FMCSA-2025-0120/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
NPRM Notice of proposed rulemaking
PIA Privacy Impact Assessment
PTA Privacy Threshold Assessment
The Secretary The Secretary of Transportation
TTMA Truck Trailer Manufacturers Association
U.S.C. United States Code
III. Legal Basis
The provisions of 49 CFR 393.65 were adopted over 50 years ago on
the basis of the Motor Carrier 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 (the Secretary) to prescribe requirements
for, among other things, the ``safety of operation and equipment'' of a
motor carrier and the ``standards of
[[Page 7891]]
equipment'' of a motor private carrier (49 U.S.C. 31502(b)(1) and (2)).
The Motor Carrier Safety Act of 1984, as amended, required the
Secretary 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 final rule 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 final rule removes a
restriction that would otherwise apply to certain motor carriers, there
is no obvious risk of coercion related to this final 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 or
modify regulations that are not needed for the safe operation of CMVs.
For the reasons explained below, FMCSA believes that allowing an
exception to section 393.65(d)--prohibiting fuel from being supplied by
gravity or syphon feed directly to the carburetor or injector--will not
adversely affect CMV safety under the circumstances specified in this
final rule.
IV. Discussion of Proposed Rulemaking and Comments
A. Proposed Rulemaking
On May 30, 2025, FMCSA published in the Federal Register (Docket
No. FMCSA-2025-0120, 90 FR 22934) a notice of proposed rulemaking
(NPRM) titled ``Parts and Accessories Necessary for Safe Operation;
Auxiliary Fuel Tanks.'' The NPRM proposed to amend 49 CFR 393.65(d)(1)
and (2) to add an exception to the prohibition on gravity and syphon
feeds for auxiliary pumps with a fuel tank capacity of less than five
gallons mounted on the trailer chassis frame or trailer bed, for
purposes other than operation of the motor vehicle, that are
operational only when the motor vehicle is not in motion.
B. Comments and Responses
FMCSA solicited comments concerning the NPRM for 60 days ending
July 29, 2025. By that date, three comments were received from the
following parties: the American Trucking Associations, the Owner-
Operator Independent Drivers Association, and the Truck Trailer
Manufacturers Association (TTMA).
All the comments were supportive of the NPRM. TTMA suggested some
adjustments to the language FMCSA proposed to add to section 393.65.
Specifically, TTMA requested that the agency replace ``a fuel tank
capacity of less than five gallons'' in proposed paragraph (d)(1) with
``a nominal fuel tank capacity of not more than 5 gallons'' instead.
TTMA stated that the proposed language in the NPRM might prohibit a
pump with a fuel tank nominally of five-gallon capacity but might hold
just over five gallons because it includes air space for expansion and
contraction of the fuel. In addition, TTMA stated that the proposed
language in paragraph (d)(2), which read ``The auxiliary pump shall be
operational only when the motor vehicle is not in motion,'' would
require extensive modification to the pump or motor in order to prevent
it from being operational while the vehicle in motion. TTMA suggested
the word ``operated'' to replace ``operational'' so that it is clear
that the pump is not actually being operated while the vehicle is in
motion.
FMCSA agrees with the changes proposed by TTMA and believes that
the revisions will help clarify the proposed exception.
V. Changes From the NPRM
FMCSA revises the proposed language in section 393.65(d)(1) and (2)
to incorporate the recommended revisions from TTMA, as discussed in the
comment section above. Specifically, in paragraph (d)(1) the Agency
replaces ``a fuel tank capacity of less than five gallons'' with ``a
nominal fuel tank capacity of not more than five gallons.'' In
paragraph (d)(2), FMCSA replaces ``operational'' with ``operated.''
VI. 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.
VII. Section-by-Section Analysis
This section-by-section analysis describes the changes to the
regulatory text in numerical order.
Section 393.65 All Fuel Systems
FMCSA adds new paragraphs (d)(1) and (d)(2) which provide for an
exception from the prohibition in paragraph (d).
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 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, and has not reviewed it under that E.O.
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\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>.
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This final rule adds an exception to the prohibition on gravity and
syphon feeds for auxiliary pumps with a nominal fuel tank capacity of
not more than five gallons mounted on the trailer chassis frame or
trailer bed when the motor vehicle is not in motion. This change will
have no impact on safety. The prohibition against gravity or syphon
feeds is primarily intended to prevent the continuous fueling of any
fires that may occur. The exception only applies when the vehicle is
not in motion and only for fuel tanks with a nominal capacity of not
more than five gallons, mounted on the trailer chassis frame or
trailer, when the risk of fire is mitigated. The final rule will result
in cost savings for owners of eligible auxiliary pumps by eliminating
the need to invest in upgrades to comply with the current requirement.
FMCSA assumes any realized cost savings will be de minimis. 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
[[Page 7892]]
Deregulation, requires that for ``each new [E.O. 14192 regulatory
action] issued, at least ten prior regulations be identified for
elimination.'' \2\
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\2\ 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.\3\
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\3\ 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 will have total costs less than zero, and therefore is
considered an E.O. 14192 deregulatory action. As explained in the E.O.
12866 analysis section, the cost savings of this rulemaking could not
be quantified.
C. Congressional Review Act
This rule is not a major rule as defined under the Congressional
Review Act (5 U.S.C. 801-808).'' \4\
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\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)).
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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 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.
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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 final rule adds an exception to the prohibition on
gravity and syphon feeds for auxiliary pumps with a nominal fuel tank
capacity of not more than five gallons mounted on the trailer chassis
frame or trailer bed when the motor vehicle is not in motion. By
extending this regulatory relief, owners of eligible auxiliary pumps
with a fuel pump capacity of not more than five gallons will experience
cost savings that are expected 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.
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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 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.
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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 submitted 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 was adjudicated by DOT's Privacy Officer on DATE.
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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 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.
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\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>.
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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 section 393.65 by revising paragraph (d) to read as follows:
Sec. 393.65 All fuel systems.
* * * * *
(d) Gravity or syphon feed prohibited. A fuel system must not
supply fuel by gravity or syphon feed directly to the carburetor or
injector, except--
(1) When an auxiliary pump with a nominal fuel tank capacity of not
more than five gallons is mounted on the trailer chassis frame or
trailer bed for purposes other than operation of the motor vehicle; and
(2) The auxiliary pump shall be operated only when the motor
vehicle is not in motion.
* * * * *
Issued under authority delegated in 49 CFR 1.87.
Derek Barrs,
Administrator.
[FR Doc. 2026-03257 Filed 2-18-26; 8:45 am]
BILLING CODE 4910-EX-P
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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.