# Parts and Accessories Necessary for Safe Operation; Application for Exemption Renewal From Charles Machine Works, Inc.
**AGENCY:**
Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT).
**ACTION:**
Notice of application for renewal of exemption; request for comments.
**SUMMARY:**
The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on an application from Charles Machine Works, Inc. (CMW), a wholly owned subsidiary of The Toro Company, seeking renewal of a 5-year exemption from the Agency's prohibition against the use of gravity-fed or siphon-fed fuel systems on commercial motor vehicles (CMVs). The exemption would allow CMW's CMVs equipped with certain auxiliary equipment to use gravity-fed or siphon-fed fuel systems when the auxiliary equipment is operated only while the CMV is stationary. FMCSA requests public comment on CMW's application for renewal of this exemption.
**DATES:**
Comments must be received on or before February 17, 2026.
**ADDRESSES:**
You may submit comments identified by Federal Docket Management System (FDMS) Number FMCSA-2019-0069 by any of the following methods:
• *Federal eRulemaking Portal:**www.regulations.gov.* See the Public Participation and Request for Comments section below for further information.
• *Mail:* Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Washington, DC 20590-0001.
• *Hand Delivery or Courier:* 1200 New Jersey Avenue SE, West Building, Ground Floor, between 9 a.m. and 5 p.m. E.T., Monday through Friday, except Federal holidays.
• *Fax:* (202) 493-2251.
Each submission must include the Agency name and the docket number (FMCSA-2019-0069) for this notice. Note that DOT posts all comments received without change to *www.regulations.gov,* including any personal information included in a comment. Please see the Privacy Act heading below.
*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, including any personal information the commenter provides, to *www.regulations.gov,* as described in the system of records notice DOT/ALL 14-FDMS, which can be reviewed at *https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices.* The comments are posted without edit and 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; (202) 961-1373; *[email protected].* 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.
**A. Submitting Comments**
If you submit a comment, please include the docket number for this notice (FMCSA-2019-0069), 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 *https://www.regulations.gov/docket/FMCSA-2019-0069/document,* click on this notice, click “Comment,” and type your comment into the text box on the following screen.
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.
FMCSA will consider all comments and material received during the comment period. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable.
**B. Confidential Business Information (CBI)**
CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to the notice contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to the notice, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission that constitutes CBI as “PROPIN” to indicate it contains proprietary information. FMCSA will treat such marked submissions as confidential under the Freedom of Information Act, and they will not be placed in the public docket of the notice. Submissions containing CBI should be sent to Brian Dahlin Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or via email at *[email protected].* At this time, you need not send a duplicate hardcopy of your electronic CBI submissions to FMCSA headquarters. Any comments FMCSA receives not specifically designated as CBI will be placed in the public docket for this notice.
**C. Viewing Comments and Documents**
To view comments, as well as any documents mentioned in this preamble as being available in the docket, go to *https://www.regulations.gov,* insert FMCSA-2019-0069 in the keyword box, select the document tab 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 Docket 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., 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.
**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 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 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 393.65 of the FMCSRs prescribes certain requirements that are applicable to all CMV fuel systems. The requirements in this section apply to systems for containing and supplying fuel for the operation of (1) motor vehicles or (2) auxiliary equipment installed on, or used in connection with, motor vehicles. Section 393.65(d) prohibits a fuel system from supplying fuel by gravity or syphon feed directly to the carburetor or injector.
**Application for Renewal of Exemption**
On September 16, 2020, FMCSA published a notice of final disposition granting CMW's application for a 5-year exemption to allow the use of gravity or syphon-fed fuel systems for auxiliary equipment that operates only when the CMV is stationary (85 FR 57928). FMCSA determined that granting the exemption was likely to achieve a level of safety that was equivalent to or greater than that provided under existing regulations.
The exemption allowed CMVs equipped with certain auxiliary equipment to use gravity-fed or siphon-fed fuel systems, provided that the auxiliary equipment is operated only when the CMV is stationary and not being operated on a public roadway. In granting the exemption, FMCSA considered operating limitations, including that the auxiliary equipment would not be operated while the CMV is in motion, thereby reducing the potential for fuel leakage or fire-related risks during highway operation.
Based on its review, FMCSA determined that the use of gravity-fed or siphon-fed fuel systems for auxiliary equipment operating only while the CMV is stationary would not adversely affect safety. FMCSA concluded that granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level of safety achieved without the exemption and granted the exemption for a period of five years.
In its renewal application, CMW reiterates its previous statements in support of the original exemption request. In addition, CMW reports that there have been no known incidents involving the operation of the auxiliary equipment while the CMV has been stationary during the exemption period. CMW asserts that renewal of the exemption would continue to provide a level of safety equivalent to, or greater than, provided by the regulation.
A copy of CMW's application and supporting materials is 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 CMW's application for an exemption from the requirements of 49 CFR 393.65(d). 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 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.