[Federal Register Volume 90, Number 229 (Tuesday, December 2, 2025)]
[Notices]
[Pages 55333-55334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-21749]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2025-0125]
Hours of Service of Drivers: Application for Exemption; National
Propane Gas Association
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; denial of application for
exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to deny the National Propane Gas
Association's (NPGA) application for an exemption from various hours-
of-service (HOS) requirements between December 15 and March 15 each
year. FMCSA analyzed the application and public comments and determined
that the exemption would not achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved absent
such exemption.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; 771-216-2436 or [email protected]. If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2025-0125/document 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 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.
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. 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
[[Page 55334]]
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. Background
Current Regulatory Requirements
Under 49 CFR 395.3(a)(2) and (3), a property-carrying commercial
motor vehicle (CMV) driver may drive a total of 11 hours during a
period of 14 consecutive hours after coming on duty following 10
consecutive hours off duty. Under 49 CFR 395.3(b)(1) and (2), no motor
carrier shall permit or require a driver of a property-carrying CMV to
drive, nor shall any driver drive a property-carrying CMV, regardless
of the number of motor carriers using the driver's services, for any
period after having been on duty 60 hours in any period of 7
consecutive days, or having been on duty 70 hours in any period of 8
consecutive days. Additionally, under 49 CFR 395.3(c)(1) or (2), any
period of 7 or 8 consecutive days may end with the beginning of an off-
duty period of 34 or more consecutive hours.
Applicant's Request
NPGA's application for exemption was described in detail in a
Federal Register notice on July 1, 2025, [90 FR 28854] and will not be
repeated as the facts have not changed.
IV. Public Comments
The Agency received 31 unique comments.\1\ Of the 31 comments, 22
comments supported granting the exemption and eight opposed the
exemption. One commenter requested an extension of the comment filing
period, which FMCSA granted by extending the deadline until August 15,
2025 [90 FR 35568]. Commenters that opposed the exemption included
Advocates for Highway and Auto Safety, the Commercial Vehicle Safety
Alliance (CVSA), National Tank Truck Carriers (NTTC), the Owner-
Operator Independent Driver's Association (OOIDA), the North Carolina
Department of Environmental Quality (North Carolina), the Massachusetts
Department of Energy Resources (Massachusetts), the Maine Governor's
Energy Office (in coordination with the Maine Emergency Management
Agency and the Maine Department of Public Safety) (Maine), and AWM
Associates. Themes of opposing comments included that the exemption is
unnecessary, that the request is overly broad, and that there is an
existing process for waivers of HOS requirements during emergency
declarations. Advocates for Highway and Auto Safety said, ``Permitting
an exemption for any industry or group of drivers that may face
inclement weather during the winter months is a needless weakening of
the HOS regulations as there is an emergency declaration process in
place to consider such waivers when the conditions actually occur.''
---------------------------------------------------------------------------
\1\ The regulatory docket reflect 34 comments. However, three
comments were duplicate filings submitted by EDP, AWM Associates,
and the Massachusetts Department of Energy Resources.
---------------------------------------------------------------------------
CVSA commented that the exemption is unnecessary and does not
provide an explanation for how an equivalent level of safety will be
maintained if implemented. OOIDA recognized NPGA's work as important
but said, ``we do not feel overly broad relief from HOS regulations is
warranted for these types of operations.'' Maine expressed concern that
the exemption would ``usurp [ ] local control over actions to address
local energy emergencies. . . .'' North Carolina noted that liquid
fuels are hazardous and explosive and commented that the State has seen
significant crashes involving liquid fuels. Massachusetts stated
concern with giving NPGA members ``carte blanche'' authority for three
months every year, the lack of data to support the need for the
exemption, and the risks to public safety.
NTTC stated that its members are ``unwilling to accept the legal
and insurance risks'' of using an HOS exemption and that ``NTTC opposes
blanket exemptions of certain fuel commodities over others.'' NTTC
concluded that granting HOS exemptions ``potentially undermines our
industry's work and message of prioritizing highway safety.''
Propane transporters submitted comments supporting the exemption.
Jeff Mortenson said, ``Deliveries often surge due to increased demand
and unpredictable weather conditions.'' Patrick Temples added, ``As a
propane marketer serving rural and weather-dependent communities,
flexibility in hours of service is critical. This waiver, which we
support, would help us better plan deliveries during peak demand
periods, especially in extreme cold, and avoid disruptions that put
customer safety at risk.'' C Three Logistics LLC said, ``Due to the
crossing of state lines in most cases the single state waivers are not
useful and do not give the drivers the ability to deliver needed
heating fuel.''
V. FMCSA Decision
FMCSA has evaluated NPGA's application and the public comments and
denies the exemption. As noted by commenters, the Agency has an
existing process to issue emergency declarations and HOS waivers in
response to, and even in advance of, severe weather scenarios and other
emergencies.
On April 19, 2023, the Agency denied a similar exemption request
from NPGA, finding that NPGA failed to provide both an analysis of the
safety impacts of the requested exemption and countermeasures to ensure
that the exemption would achieve the requisite level of safety [88 FR
24259]. The current application also did not provide an analysis of the
safety impacts of the requested exemption. The only safety
countermeasures NPGA describes are an online Fatigue and Wellness
Awareness Course and a statement that drivers would abide by all other
Federal regulations when not responding to an emergency. Given the
hazardous nature of the material being transported and breadth of the
exemption requested, FMCSA cannot determine that the exemption would
likely achieve a level of safety that is equivalent to, or greater
than, the level that would be achieved absent such exemption.
For the above reasons, NPGA's exemption application is denied.
Derek Barrs,
Administrator.
[FR Doc. 2025-21749 Filed 12-1-25; 8:45 am]
BILLING CODE 4910-EX-P