Parts and Accessories Necessary for Safe Operation; Application for Exemption Renewal From Charles Machine Works, Inc.
FMCSA withdraws its January 16, 2026, notice that requested public comment on an application from Charles Machine Works, Inc. (CMW) seeking renewal of a five-year exemption from...
Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT).
ACTION:
Notice of application for renewal of exemption; withdrawal.
SUMMARY:
FMCSA withdraws its January 16, 2026, notice that requested public comment on an application from Charles Machine Works, Inc. (CMW) seeking renewal of a five-year exemption from the Agency's prohibition against the use of gravity-fed or siphon-fed fuel systems on commercial motor vehicles (CMVs). FMCSA has determined that the Agency's February 19, 2026, final rule titled “Parts and Accessories Necessary for Safe Operation; Auxiliary Fuel Tanks,” provided the requested relief by amending the relevant regulation in a way that resolves the concerns outlined in CMW's original exemption request. Consequently, the exemption is now unnecessary, not only for CMW but also for any other entities that might have planned to request an exemption from the prohibition on gravity-fed or siphon-fed fuel systems on CMVs.
FOR FURTHER INFORMATION CONTACT:
Mr. Jose Cestero, Mechanical Engineer, FMCSA, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety Standards; (202) 366-5541;
MCPSV@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 393.65 of the Federal Motor Carrier Safety Regulations (49 CFR 393.65) establishes requirements applicable to all CMV fuel systems, including those supplying fuel to auxiliary equipment. These requirements apply to systems used 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. Specifically, § 393.65(d) generally prohibits a fuel system from supplying fuel by gravity or siphon feed directly to the carburetor or injectors.
On September 16, 2020, FMCSA published a notice of final disposition granting CMW's application for a five-year exemption from § 393.65(d) 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).
On January 16, 2026, FMCSA published a notice in the
Federal Register
requesting public comments on CMW's application for renewal of its exemption (91 FR 2271),
FMCSA subsequently issued a final rule titled “Parts and Accessories Necessary for Safe Operation; Auxiliary Fuel Tanks,” published on February 19, 2026 (91 FR 7890). The final rule amended 49 CFR 393.65(d) to add an exception to the prohibition on gravity and siphon 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 the operation of the motor vehicle, that are operated only when the motor vehicle is not in motion.
As a result of the regulatory amendment, motor carriers and equipment manufacturers may operate in accordance with the revised requirements in 49 CFR 393.65(d) without the need for an exemption. Because the amended regulation provides the regulatory relief sought by CMW, the exemption is no longer necessary. Accordingly, FMCSA considers CMW's request for a renewal of the exemption to be closed, as of March 23, 2026, the effective date of February 19, 2026, final rule rendering the requested exemption unnecessary. Therefore, FMCSA withdraws its January 16, 2026, notice.
Use this for formal legal and research references to the published document.
91 FR 48208
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Parts and Accessories Necessary for Safe Operation; Application for Exemption Renewal From Charles Machine Works, Inc.,” thefederalregister.org (July 30, 2026), https://thefederalregister.org/documents/2026-15431/parts-and-accessories-necessary-for-safe-operation-application-for-exemption-renewal-from-charles-machine-works-inc.