Parts and Accessories Necessary for Safe Operation; Liquid-Burning Flares

DEPARTMENT OF TRANSPORTATION <SUBAGY>Federal Motor Carrier Safety Administration</SUBAGY> <CFR>49 CFR Parts 392 and 393</CFR> <DEPDOC>[Docket No. FMCSA-2025-0111]</DEPDOC> <RIN>RIN 2126-AC85</RIN> <SUBJECT>Parts and Accessories Necessary for Safe Operation; Liquid-Burning Flares</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). <HD SOURCE="HED">ACTION:</HD> Notice of proposed rulemaking (NPRM). <SUM> <HD SOURCE="HED">SUMMARY:</HD> FMCSA proposes to remove references to liquid-burning flares from the warning device requirements in the Federal Motor Carrier Safety Regulations (FMCSRs). This proposed revision would remove outdated language referring to warning devices that FMCSA believes are no longer used. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> Comments must be received on or before July 29, 2025. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> You may submit comments identified by Docket Number FMCSA-2025-0111 using any of the following methods: • <E T="03">Federal eRulemaking Portal:</E> Go to <E T="03">https://www.regulations.gov/docket/FMCSA-2025-0111/document.</E> Follow the online instructions for submitting comments. • <E T="03">Mail:</E> Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Washington, DC 20590-0001. • <E T="03">Hand Delivery or Courier:</E> Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 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. • <E T="03">Fax:</E> (202) 493-2251. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Mr. David Sutula, Chief, Vehicle and Roadside Operations Division, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001; (202) 366-9209; <E T="03">David.Sutula@dot.gov.</E> If you have questions on viewing or submitting material to the docket, call Dockets Operations at (202) 366-9826. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> FMCSA organizes this NPRM as follows: <EXTRACT> <FP SOURCE="FP-2">I. Public Participation and Request for Comments</FP> <FP SOURCE="FP1-2">A. Submitting Comments</FP> <FP SOURCE="FP1-2">B. Viewing Comments and Documents</FP> <FP SOURCE="FP1-2">C. Privacy</FP> <FP SOURCE="FP-2">II. Abbreviations</FP> <FP SOURCE="FP-2">III. Legal Basis</FP> <FP SOURCE="FP-2">IV. Background</FP> <FP SOURCE="FP-2">V. Discussion of Proposed Rulemaking</FP> <FP SOURCE="FP-2">VI. International Impacts</FP> <FP SOURCE="FP-2">VII. Section-by-Section Analysis</FP> <FP SOURCE="FP-2">VII. Regulatory Analyses</FP> <FP SOURCE="FP1-2">A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563 (Improving Regulation and Regulatory Review), and DOT Regulatory Policies and Procedures</FP> <FP SOURCE="FP1-2">B. E.O. 14192 (Unleashing Prosperity Through Deregulation)</FP> <FP SOURCE="FP1-2">C. Advance Notice of Proposed Rulemaking</FP> <FP SOURCE="FP1-2">D. Regulatory Flexibility Act</FP> <FP SOURCE="FP1-2">E. Assistance for Small Entities</FP> <FP SOURCE="FP1-2">F. Unfunded Mandates Reform Act of 1995</FP> <FP SOURCE="FP1-2">G. Paperwork Reduction Act</FP> <FP SOURCE="FP1-2">H. E.O. 13132 (Federalism)</FP> <FP SOURCE="FP1-2">I. Privacy</FP> <FP SOURCE="FP1-2">J. E.O. 13175 (Indian Tribal Governments)</FP> <FP SOURCE="FP1-2">K. National Environmental Policy Act of 1969</FP> <FP SOURCE="FP1-2">L. Rulemaking Summary</FP> </EXTRACT> <HD SOURCE="HD1">I. Public Participation and Request for Comments</HD> <HD SOURCE="HD2">A. Submitting Comments</HD> If you submit a comment, please include the docket number for this NPRM (FMCSA-2025-0111), indicate the specific section of this document to which your comment applies, and provide a reason for each suggestion or recommendation. 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 FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to <E T="03"> https://www.regulations.gov/docket/ FMCSA-2025-0111/document, </E> click on this NPRM, 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 <FR>1/2</FR> by 11 inches, suitable for copying and electronic filing. FMCSA will consider all comments and material received during the comment period. <HD SOURCE="HD3">Confidential Business Information (CBI)</HD> 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 NPRM 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 NPRM, 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 NPRM. 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 <E T="03">brian.g.dahlin@dot.gov.</E> 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 rulemaking. <HD SOURCE="HD2">B. Viewing Comments and Documents</HD> To view any documents mentioned as being available in the docket, go to <E T="03">https://www.regulations.gov/docket/FMCSA-2025-0111/document</E> and choose the document to review. To view comments, click this NPRM, 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. <HD SOURCE="HD2">C. Privacy</HD> In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its regulatory process. DOT posts these comments, including any personal information the commenter provides, to <E T="03">www.regulations.gov</E> as described in the system of records notice DOT/ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed at <E T="03">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices.</E> The comments are posted without edits and are searchable by the name of the submitter. <HD SOURCE="HD1">II. Abbreviations</HD> <EXTRACT> <FP SOURCE="FP-1">ANPRM Advance notice of proposed rulemaking</FP> <FP SOURCE="FP-1">CFR Code of Federal Regulations</FP> <FP SOURCE="FP-1">CMV Commercial motor vehicle</FP> <FP SOURCE="FP-1">DOT Department of Transportation</FP> <FP SOURCE="FP-1">FMCSRs Federal Motor Carrier Safety Regulations</FP> <FP SOURCE="FP-1">FR Federal Register</FP> <FP SOURCE="FP-1">NPRM Notice of proposed rulemaking</FP> <FP SOURCE="FP-1">OMB Office of Management and Budget</FP> <FP SOURCE="FP-1">PIA Privacy Impact Assessment</FP> <FP SOURCE="FP-1">PTA Privacy Threshold Assessment</FP> <FP SOURCE="FP-1">UMRA Unfunded Mandates Reform Act of 1995</FP> <FP SOURCE="FP-1">U.S.C. United States Code</FP> </EXTRACT> <HD SOURCE="HD1">III. Legal Basis</HD> 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.” The provisions of 49 U.S.C. 31136(a)(2) through (5) are not applicable to part 393 and most are not directly applicable to part 392. 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 these flares are 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.” <HD SOURCE="HD1">IV. Background</HD> Sections 392.22 and 393.95 require speci ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 28k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━