Notice2026-08233
Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Atlantic Aviation Orlando, LLC
Primary source
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Published
April 28, 2026
Effective
April 28, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA grants Atlantic Aviation Orlando, LLC (Atlantic Aviation) an exemption from certain exhaust system requirements to allow four aircraft fuel service trucks to operate with exhaust systems that discharge forward of the cab rather than at or near the rear of the cab. FMCSA has analyzed the exemption application and the public comment and has determined that the exemption, subject to the terms and conditions set forth below, will likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved in the absence of the exemption.
Full Text
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<title>Federal Register, Volume 91 Issue 81 (Tuesday, April 28, 2026)</title>
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[Federal Register Volume 91, Number 81 (Tuesday, April 28, 2026)]
[Notices]
[Pages 22907-22909]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08233]
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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 an Exemption From Atlantic Aviation Orlando, LLC
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; grant of application for
exemption.
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SUMMARY: FMCSA grants Atlantic Aviation Orlando, LLC (Atlantic
Aviation) an exemption from certain exhaust system requirements to
allow four aircraft fuel service trucks to operate with exhaust systems
that discharge forward of the cab rather than at or near the rear of
the cab. FMCSA has analyzed the exemption application and the public
comment and has determined that the exemption, subject to the terms and
conditions set forth below, will likely achieve a level of safety that
is equivalent to, or greater than, the level that would be achieved in
the absence of the exemption.
DATES: The exemption is effective April 28, 2026 and expires April 28,
2031.
FOR FURTHER INFORMATION CONTACT: Mr. David Sutula, Chief, FMCSA Vehicle
and Roadside Operations Division, Office of Carrier, Driver, and
Vehicle Safety Standards; (202) 961-1373; <a href="/cdn-cgi/l/email-protection#763b352625203612190258111900"><span class="__cf_email__" data-cfemail="b9f4fae9eaeff9ddd6cd97ded6cf">[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:
[[Page 22908]]
I. Public Participation
Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to <a href="https://www.regulations.gov/docket/FMCSA-2025-0424/document">https://www.regulations.gov/docket/FMCSA-2025-0424/document</a> and
choose the document to review. To view comments, click this notice,
then click ``Browse Comments.'' If you do not have access to the
internet, you may view the docket by visiting Dockets Operations in the
DOT West Building, 1200 New Jersey Avenue SE, W58-213, 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. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from the 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 the applicant's safety analysis. 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 absent such exemption, pursuant to the
standard set forth in 49 U.S.C. 31315(b)(1). The Agency must publish
the 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 and 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. Background
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).
IV. Applicant's Request
The application from Atlantic Aviation was described in detail in a
Federal Register notice published on November 24, 2025 (90 FR 53046)
and will not be repeated as the facts have not changed.
V. Public Comments
The Agency received one comment in response to Atlantic Aviation's
application. Adam Amorose expressed support for the requested
exemption. Mr. Amorose stated that Atlantic Aviation's forward-
discharge exhaust configuration is necessary to comply with National
Fire Protection Association (NFPA) 407 section 6.1.13.4, which
prohibits exhaust discharge in locations where fuel vapors may
accumulate and create an ignition hazard during aircraft fueling
operations. He noted that relocating the exhaust to the rear of the
cab, as required by 49 CFR 393.83(e), could place hot exhaust gases
near areas where jet fuel vapors are present, thereby increasing the
risk of fire or explosion.
Mr. Amorose also cited Atlantic Aviation's in-cab carbon monoxide
(CO) testing, which showed 0 parts per million (ppm) CO under idle and
top-speed conditions, well below the Occupational Safety and Health
Administration's permissible exposure limit of 50 ppm. He concluded
that the data demonstrate that the forward-exhaust configuration does
not compromise driver safety or cab air quality.
VI. Agency Decision
The purpose of 49 CFR 393.83(e) is to reduce the risk of exhaust
gases entering the cab and to mitigate safety hazards related to
exhaust discharge. In the unique operating environment of aircraft
fueling vehicles, however, rear-discharging exhaust systems create an
increased fire hazard by placing hot exhaust gases near aircraft
fueling points and areas where flammable jet fuel vapors may be
present.
Atlantic Aviation's vehicles were designed to meet NFPA 407, which
is an industry consensus standard specifically intended to prevent fuel
vapor ignition during aircraft fueling operations. Requiring compliance
with 49 CFR 393.83(e) would undermine those fire-prevention
protections.
The CO testing submitted by Atlantic Aviation demonstrates that
forward exhaust discharge does not result in driver or passenger
exposure to unsafe levels of exhaust gases. The measured CO
concentration of 0 ppm and 8-hour time-weighted average of 0 ppm
provide objective evidence that the exemption will not introduce a cab
air-quality risk.
Based on the limited operating area, the short travel distance, the
use of escort procedures, compliance with NFPA 407, and the verified CO
exposure data, FMCSA concludes that the exemption, subject to the terms
and conditions set forth below, would likely achieve a level of safety
that is equivalent to, or greater than, the level that would be
achieved absent such exemption, in accordance with 49 U.S.C.
31315(b)(1).
VII. Exemption
A. Applicability of Exemption
FMCSA grants the exemption for a period of 5 years subject to the
terms and conditions of this decision. The exemption from the
requirements of 49 CFR 393.83(e) is effective April 28, 2026, through
April 28, 2031, 11:59 p.m. local time.
During the exemption period, Atlantic Aviation may operate with
exhaust systems that discharge forward of the cab rather than at or
near the rear of the cab on the four commercial motor vehicles
identified in the terms and conditions below. FMCSA recommends that
drivers have access to a paper or electronic copy of the exemption
while operating under the exemption.
B. Terms and Conditions
During the exemption period, Atlantic Aviation must:
1. Maintain the exhaust systems in their approved forward-discharge
configuration in compliance with NFPA 407.
2. Ensure that the exemption applies only to the four approved jet
fuel service vehicles (JT-01, JT-03, JT-04, and JT-07).
3. Operate the vehicles only in support of aircraft fueling
operations at Orlando International Airport and along the authorized
route between the airport fuel farm and Atlantic Aviation's facility at
9245 Tradeport Drive.
4. Maintain the vehicles in a safe operating condition and comply
with all other applicable FMCSRs.
C. Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. Florida may, but is not
required to, adopt the same exemption with respect to operations in
intrastate commerce.
VIII. Termination
The exemption will be revoked if: (1) Atlantic Aviation fails to
comply with the terms and conditions of the
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exemption; (2) the exemption has resulted in a lower level of safety
than was maintained before it was granted; or (3) continuation of the
exemption would not be consistent with the goals and objectives of 49
U.S.C. 31136(e) and 31315(b).
Derek D. Barrs,
FMCSA Administrator.
[FR Doc. 2026-08233 Filed 4-27-26; 8:45 am]
BILLING CODE 4910-EX-P
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