Rule2026-03261
Parts and Accessories Necessary for Safe Operation; Liquid-Burning Flares
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 amends the rules for emergency equipment on commercial motor vehicles (CMVs) to remove the references to liquid-burning flares from the warning device requirements in the Federal Motor Carrier Safety Regulations (FMCSR). This action eliminates outdated language referring to warning devices that FMCSA believes are no longer used.
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 7867-7871]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03261]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 392 and 393
[Docket No. FMCSA-2025-0110]
RIN 2126-AC84
Parts and Accessories Necessary for Safe Operation; Liquid-
Burning Flares
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: FMCSA amends the rules for emergency equipment on commercial
motor vehicles (CMVs) to remove the references to liquid-burning flares
from the warning device requirements in the Federal Motor Carrier
Safety Regulations (FMCSR). This action eliminates outdated language
referring to warning devices that FMCSA believes are no longer used.
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#672306110e0349341213120b062703081349000811"><span class="__cf_email__" data-cfemail="e3a782958a87cdb09697968f82a3878c97cd848c95">[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
[[Page 7868]]
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-2025-0110/document">https://www.regulations.gov/docket/FMCSA-2025-0110/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
at U.S. Department of Transportation, 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
AAMVA American Association of Motor Vehicle Administrators
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
OMB Office of Management and Budget
PIA Privacy Impact Assessment
PTA Privacy Threshold Assessment
UMRA Unfunded Mandates Reform Act of 1995
U.S.C. United States Code
III. Legal Basis
FMCSA's authority to promulgate regulations governing Parts and
Accessories Necessary for Safe Operation (49 CFR part 393) and many of
the regulations on Driving Commercial Motor Vehicles (49 CFR part 392)
rests on the requirement in 49 U.S.C. 31136(a) that the Department of
Transportation ``shall 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 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.'' The
provisions of 49 U.S.C. 31136(a)(2) and (4) apply indirectly in the
sense that the rule slightly changes the ``responsibilities imposed on
operators of commercial motor vehicles'' under section 31136(a)(2)
without altering their ``ability to operate'' the vehicles safely.
Similarly, the rule slightly modifies the operation of commercial motor
vehicles under certain circumstances, but in a way that ``does not have
a deleterious effect on the physical condition'' of drivers, as
required by section 31136(a)(4). In both of those cases, i.e.,
paragraphs (a)(2) and (a)(4), the rule retains the requirement for the
placement of warning devices other than liquid burning flares. However,
49 U.S.C. 31136(a)(3) and (5) have no application to this final rule.
To ensure that commercial motor vehicles are ``equipped'' and
``operated safely,'' as required by 49 U.S.C. 31136(a)(1), FMCSA
requires that vehicles stopped at roadside for reasons other than
normal traffic stops be made visible to on-coming traffic through the
placement of specified warning devices at designated locations.
``Liquid-burning flares'' as specified in 49 CFR 392.22(b)(2)(i)-(ii)
are the subject of this rulemaking. The technical requirements for
these flares are specified in 49 CFR 393.95(j); their number are
specified in 49 CFR 393.95(f)(2); their placement is specified in 49
CFR 392.22(b)(2)(i) and (ii); and certain limitations on their use are
outlined in 49 CFR 393.95(g).
Because this type of flare is no longer used and for the reasons
discussed below, FMCSA has determined that the provisions dealing with
``liquid-burning flares'' are not needed to ensure that commercial
motor vehicles (CMVs) are ``equipped'' or ``operated safely.''
IV. Discussion of Proposed Rulemaking and Comments
A. Proposed Rulemaking
On May 30, 2025, FMCSA published in the Federal Register (Docket
No. FMCSA-2025-0110, 90 FR 22919) an NPRM titled ``Parts and
Accessories Necessary for Safe Operation; Liquid-Burning Flares.'' The
NPRM proposed to amend the FMCSRs to remove references to liquid-
burning flares from the warning device requirements. On June 5, 2025,
FMCSA published in the Federal Register (90 FR 23868) a correction to
address an incorrect docket number in the NPRM. On July 9, 2025, FMCSA
published in the Federal Register (90 FR 30217) an additional
correction to address an incorrect regulation identifier number in the
NPRM and in the previous correction.
B. Comments and Responses
FMCSA solicited comments concerning the NPRM for 60 days ending
July 29, 2025. By that date, six comments were received from the
following parties: the American Association of Motor Vehicle
Administrators (AAMVA), the American Trucking Associations, the Owner-
Operator Independent Drivers Association, Veolia North America, and two
private citizens.
All the comments were supportive of the NPRM. AAMVA noted that
there may be costs associated with this rulemaking, in combination with
two other NPRMs that FMCSA proposed.\1\ AAMVA stated that these
regulatory changes would require changes to published safety
information incorporated into six publications that convey Federal
motor carrier safety requirements to commercial driver's license (CDL)
applicants. AAMVA anticipates that there would be costs of up to
$20,000 to make the associated changes to these publications as a
result of this rulemaking. The cost of up to $20,000 for AAMVA to
update its publications is considered de minimis, particularly since
these changes can be incorporated during routine business updates. In
addition, this cost estimate accounts for updates related to two other
deregulatory actions,\2\ effectively spreading the total cost across
multiple rulemakings.
---------------------------------------------------------------------------
\1\ The other rulemakings mentioned in AAMVA's comment were the
``Parts and Accessories Necessary for Safe Operation: Spare Fuses''
NPRM (Docket No. FMCSA-2025-0109, 90 FR 22946, May 30, 2025) and the
``Railroad Grade Crossings; Stopping Required: Exception for
Railroad Grade Crossing Equipped With Active Warning Device Not in
Activated State'' NPRM (Docket No. FMCSA-2021-0050, 90 FR 22914, May
30, 2025).
\2\ Ibid.
---------------------------------------------------------------------------
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.
[[Page 7869]]
Section 392.22 Emergency Signals; Stopped Commercial Motor Vehicles
FMCSA removes references to liquid-burning flares in paragraphs
(b)(2)(i) and (ii).
Section 393.95 Emergency equipment on All Power Units
FMCSA removes references to liquid-burning flares in paragraphs
(f)(2), (g), and (j). Underwriters Laboratories, Inc., UL No. 912,
Highway Emergency Signals, Fourth Edition, July 30, 1979, is referenced
in the amendatory text of this document but has already been approved
for paragraph (j). No changes are proposed to the material incorporated
by reference.
VIII. 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, as supplemented by E.O. 13563, and has not reviewed
it under that E.O.
---------------------------------------------------------------------------
\3\ 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>.
---------------------------------------------------------------------------
This final rule removes obsolete language that is no longer
relevant. FMCSA does not expect that regulated entities will change
their behavior as a result of this rule, and therefore the final rule
will not result in impacts to regulated entities other than removing
unnecessary language from the CFR. FMCSA does not have data with which
to estimate the total cost savings that will result from this final
rule but expects the savings to be de minimis. This action streamlines
rule familiarization by eliminating a source of confusion for
stakeholders, particularly new entrants, regarding the use of these
obsolete warning devices.
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\
---------------------------------------------------------------------------
\4\ 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 the Office of
Management and Budget (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\
---------------------------------------------------------------------------
\5\ Executive Office of the President, Office of Management and
Budget, 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 is expected to 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).'' \6\
---------------------------------------------------------------------------
\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)).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\7\ Pubic Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
---------------------------------------------------------------------------
This final rulemaking removes obsolete regulatory text that is no
longer impacting regulated entities. Removal of the obsolete text will
neither impose net costs nor impact benefits. 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)
(UMRA) 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 (64 FR 43255, Aug. 10, 1999), Federalism, 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
[[Page 7870]]
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.
---------------------------------------------------------------------------
\8\ 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,\9\ 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 rule. Accordingly, FMCSA has not conducted a PIA.
---------------------------------------------------------------------------
\9\ 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.
J. E.O. 13175 (Indian Tribal Governments)
This rule does not have Tribal implications under E.O. 13175 (65 FR
67249, Nov. 9, 2000), 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 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,
subsection (e). Specifically, paragraph (e)(6)(bb) covers regulations
pertaining to vehicle operation safety standards, equipment approval,
and/or equipment carriage requirements.
---------------------------------------------------------------------------
\10\ 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
49 CFR Part 392
Alcohol abuse, Drug abuse, Highway safety, Motor carriers.
49 CFR Part 393
Highway safety, Motor carriers, Motor vehicle safety.
Accordingly, FMCSA amends 49 CFR parts 392 and 393 to read as
follows:
PART 392--DRIVING OF COMMERCIAL MOTOR VEHICLES
0
1. The authority citation for part 392 continues to read as follows:
Authority: 49 U.S.C. 504, 13902, 31136, 31151, 31502; Section
112 of Pub. L. 103-311, 108 Stat. 1673, 1676 (1994), as amended by
sec. 32509 of Pub. L. 112-141, 126 Stat. 405-805 (2012); and 49 CFR
1.87.
0
2. Amend Sec. 392.22 by revising paragraphs (b)(2)(i) and (ii) to read
as follows:
Sec. 392.22 Emergency signals; stopped commercial motor vehicles.
* * * * *
(b) * * *
(2) * * *
(i) Fusees. The driver of a commercial motor vehicle equipped with
only fusees shall place a lighted fusee at each of the locations
specified in paragraph (b)(1) of this section. There shall be at least
one lighted fusee at each of the prescribed locations, as long as the
commercial motor vehicle is stopped. Before the stopped commercial
motor vehicle is moved, the driver shall extinguish and remove each
fusee.
(ii) Daylight hours. Except as provided in paragraph (b)(2)(iii) of
this section, during the period lighted lamps are not required, three
bidirectional reflective triangles or three lighted fusees shall be
placed as specified in paragraph (b)(1) of this section within a time
of 10 minutes. In the event the driver elects to use only fusees in
lieu of bidirectional reflective triangles or red flags, the driver
must ensure that at least one fusee remains lighted at each of the
prescribed locations as long as the commercial motor vehicle is stopped
or parked.
* * * * *
PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION
0
3. 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
4. Amend Sec. 393.95 by revising paragraphs (f)(2), (g), and (j) to
read as follows:
Sec. 393.95 Emergency equipment on all power units.
* * * * *
(f) * * *
(2) At least 6 fusees. The vehicle must have as many additional
fusees as are necessary to satisfy the requirements of Sec. 392.22 of
this chapter.
* * * * *
(g) Restrictions on the use of flame-producing devices. Fusees or
any other signal produced by a flame shall not be carried on any
commercial motor vehicle transporting Division 1.1, 1.2, 1.3
(explosives) hazardous materials; any cargo tank motor vehicle used for
the transportation of Division 2.1 (flammable gas) or Class 3
(flammable liquid) hazardous materials whether loaded or empty; or any
commercial motor vehicle using compressed gas as a motor fuel.
* * * * *
(j) Requirements for fusees. Each fusee shall be capable of burning
for 30 minutes. Fusees shall conform to the requirements of
Underwriters Laboratories, Inc., UL No. 912, Highway Emergency Signals,
Fourth Edition, July 30, 1979, (with an amendment dated November 9,
1981). (See Sec. 393.7 for information on the incorporation by
reference and availability of this document.) Each fusee shall be
marked with the UL symbol in accordance with the requirements of UL
912.
* * * * *
[[Page 7871]]
Issued under authority delegated in 49 CFR 1.87.
Derek Barrs,
Administrator.
[FR Doc. 2026-03261 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.