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Parts and Accessories Necessary for Safe Operation; Tire Load Markings

Publication: Federal Register
Agency: Federal Motor Carrier Safety Administration
Byline: Derek Barrs
Date: 19 February 2026
Subject: American Government , Safety, Tires

[Federal Register Volume 91, Number 33 (Thursday, February 19, 2026)]
[Rules and Regulations]
[Pages 7884-7887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-03260]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 393

[Docket No. FMCSA-2025-0123]
RIN 2126-AC97


Parts and Accessories Necessary for Safe Operation; Tire Load 
Markings

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Final rule.

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SUMMARY: FMCSA amends the requirements for commercial motor vehicle 
(CMV) tires to clarify that the Federal Motor Carrier Safety 
Regulations (FMCSR) do not require tire load restriction markings on 
the sidewalls of the tires. This change eliminates confusion and 
clarifies the scope of FMCSA's authority regarding requirements for CMV 
tires.

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; David.Sutula@dot.gov. 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
    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 https://www.regulations.gov/docket/FMCSA-2025-0123/document 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

CFR Code of Federal Regulations
CMV Commercial motor vehicle
DOT Department of Transportation
FMCSA Federal Motor Carrier Safety Administration

[[Page 7885]]

FMCSR Federal Motor Carrier Safety Regulations
FMVSS Federal Motor Vehicle Safety Standard
FR Federal Register
NHTSA National Highway Traffic Safety Administration
NPRM Notice of proposed rulemaking
PIA Privacy Impact Analysis
PTA Privacy Threshold Assessment
U.S.C. United States Code

III. Legal Basis

    Under 49 U.S.C. 31136(a), DOT is required to ``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 conditions of operators of commercial motor vehicles is 
adequate to enable them to operate the 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.''
    This final rule is based on the authority of 49 U.S.C. 31136(a)(1) 
to ensure that CMVs are equipped and operated safely. It does not 
implicate the driver-centered requirements of 49 U.S.C. 31136(a)(2)-
(4). Because this final rule does not impose any requirement on motor 
carriers, there is no obvious risk of coercion related to this rule to 
which a driver might be subjected.
    The Administrator of FMCSA is delegated authority under 49 CFR 1.87 
to carry out the functions vested in the Secretary of Transportation by 
49 U.S.C. chapters 311, 313, and 315 as they relate to CMV operators, 
programs, and safety.
    For the reasons explained below, FMCSA believes that this 
clarification of 49 CFR 393.75(g) and (h) will not adversely affect the 
operational safety of CMVs.

IV. Discussion of Proposed Rulemaking and Comments

A. Proposed Rulemaking

    On May 30, 2025, FMCSA published in the Federal Register (Docket 
No. FMCSA-2025-0123, 90 FR 22949) a notice of proposed rulemaking 
(NPRM) titled ``Parts and Accessories Necessary for Safe Operation; 
Tire Load Markings.'' The NPRM proposed to amend the FMCSR to revise 
the requirements for tires on CMVs to clarify that the FMCSR do not 
require tire load restriction markings on their sidewalls.

B. Comments and Responses

    FMCSA solicited comments concerning the NPRM for 60 days ending 
July 29, 2025. By that date, four comments were received from the 
following parties: the American Trucking Associations (ATA), the Owner-
Operator Independent Drivers Association (OOIDA), Greg Smith, and 
Thomas Bray.
    ATA and OOIDA supported the NPRM. ATA agreed that the FMCSR should 
make clear that any manufacturing requirements are imposed by the 
National Highway Traffic Safety Administration (NHTSA) and should 
reference the appropriate Federal Motor Vehicle Safety Standard. OOIDA 
stated that this was an example of commonsense regulatory reform.
    Greg Smith did not support the proposed rule, stating that removing 
the requirement to mark tires with manufacturers weight ratings would 
be a threat to roadway safety, would make enforcing overloaded tires 
nearly impossible, and would lead to drivers not knowing the weight 
capacity of their tires.
    Thomas Bray also opposed the proposed rule. Bray stated that the 
existing language is already clear, whereas the proposed language would 
imply that tire markings are no longer required on existing tires, only 
new ones. As a result, drivers could operate in excess of the tire 
ratings if the weight rating is not known. Bray also stated that an 
operator could deface or remove the load limit/rating markings, to 
delay enforcement actions while inspectors search for the weight 
ratings. Bray acknowledged that the regulations do not state that the 
marking is required and provide instructions if the ratings are not 
present, however Bray also stated that the proposed change could 
provide some in the industry with what they will see as a way around 
the tire rating violation.
    FMCSA does not believe that the concerns raised in the comments 
accurately reflect the change that was proposed in the NPRM. As stated 
in the NPRM, FMCSA is adding clarifying language to the FMCSR to 
explicitly state that NHTSA, not FMCSA, is the agency which imposes 
requirements on tire manufacturers to add maximum load rating markings 
to the sidewalls of tires. FMCSA has no authority to require 
manufacturers to add such markings and the change does not alter any 
current regulatory requirements. The Agency does not believe that this 
final rule will result in any change in the likelihood of motor 
carriers or drivers defacing the sidewalls of tires. If a motor carrier 
or driver desired to deface their tires in an attempt to interfere with 
inspections, it would result in the same outcome regardless of this 
rule. If the markings are not displayed on a tire for any reason, 
section 393.75(g) and (h) provide procedures for determining the load 
rating of a tire through publications listed in FMVSS No. 119 (49 CFR 
571.119) to ensure that a vehicle is not being operated in excess of 
that limit. Motor carriers and drivers are required to be aware of the 
load ratings of the tires on their CMV regardless of whether those 
ratings are on the tire or in the publications listed in FMVSS No. 119. 
Defacing the tires in any way does not alter that requirement. Adding 
clarifying language will make the regulated public better aware of the 
requirements under FMCSA regulations, resulting in less confusion about 
the applicability of section 393.75.

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.
Sec.  393.75 Tires
    FMCSA adds a new paragraph (j) to clarify that FMCSA does not 
require tire markings under paragraphs (g) and (h).

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.\1\ 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 does

[[Page 7886]]

not require an assessment of potential costs and benefits under section 
6(a)(3) of that order. Accordingly, OMB has not reviewed it under that 
E.O.
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    \1\ DOT Order 2100.6B is available at https://www.transportation.gov/regulations/dot-order-21006b-policies-and-procedures-rulemakings.
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    FMCSA clarifies the requirements in section 393.75(g) and (h) by 
explicitly stating that those paragraphs do not require manufacturers 
to add markings to the sidewalls of tires. This revision avoids 
possible misunderstanding of the rules by affected entities, such as 
owners and operators of CMVs.
    As NHTSA requires tires to be marked with a maximum load rating on 
the sidewall of the tire, FMCSA finds that members of the regulated 
public will not change their behavior due to this final rule. However, 
the increased clarity provided by this final rule will result in de 
minimis cost savings for regulated entities when navigating their 
obligations under more streamlined and easier to read FMCSR.

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.'' \2\
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    \2\ Executive Office of the President. Executive Order 14192 of 
January 31, 2025, Unleashing Prosperity Through Deregulation, 90 FR 
9065-9067, (Feb. 6, 2025).
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    Implementation guidance for E.O. 14192 issued by 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.\3\
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    \3\ OMB. Guidance Implementing Section 3 of Executive Order 
14192, Titled ``Unleashing Prosperity Through Deregulation,'' 
Memorandum M-25-20 (Mar. 26, 2025).
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    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 will have total costs less than zero and therefore is 
considered an E.O. 14192 deregulatory action.

C. Congressional Review Act

    This rule is not a major rule as defined under the Congressional 
Review Act (5 U.S.C. 801-808).'' \4\
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    \4\ 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)).
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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,\5\ 
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 comprises 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.
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    \5\ Public Law 104-121, 110 Stat. 857 (Mar. 29, 1996).
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    No regulatory flexibility analysis is required, however, if the 
head of an Agency or an appropriate designee certifies that the rule 
will not have a significant economic impact on a substantial number of 
small entities. This final rule clarifies the requirements in section 
393.75(g) and (h) by explicitly stating that those paragraphs do not 
require manufacturers to add markings to the sidewalls of tires. 
Regulated entities will not change their behavior in response to this 
final rule because NHTSA requires manufacturers to add markings to the 
sidewalls of tires. De minimis cost savings could be realized by 
entities through the clarification of the FMCSR.
    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 https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman) 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) 
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 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 responsibilities among the various levels of 
government.''
    FMCSA has determined that this 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 rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Impact 
Statement.

I. Privacy

    The Consolidated Appropriations Act, 2005,\6\ requires the Agency 
to assess the privacy impact of a regulation that will affect the 
privacy of individuals. This

[[Page 7887]]

final rule will not require the collection of personally identifiable 
information.
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    \6\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5 
U.S.C. 552a (Dec. 4, 2014).
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    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,\7\ 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.
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    \7\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17, 
2002).
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    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, 
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,\8\ Subpart B, 
subsection (e). Specifically, paragraph (e)(6)(bb), which covers 
regulations pertaining to vehicle operation safety standards, equipment 
approval, and/or equipment carriage requirements, applies to this rule.
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    \8\ Available at: https://www.transportation.gov/mission/dots-procedures-considering-environmental-impacts.
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List of Subjects in 49 CFR Part 393

    Highway safety, Motor carriers, Motor vehicle safety.

    Accordingly, FMCSA amends 49 CFR part 393 as follows:

PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION

0
1. 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
2. Amend section 393.75 by adding paragraph (j) to read as follows:


Sec.  393.75  Tires.

* * * * *
    (j) The requirements in paragraphs (g) and (h) of this section 
shall not be construed to require manufacturers to add any markings to 
the sidewall of a tire.

    Issued under authority delegated in 49 CFR 1.87.
Derek Barrs,
Administrator.
[FR Doc. 2026-03260 Filed 2-18-26; 8:45 am]
BILLING CODE 4910-EX-P




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