Two organizations and a state are asking the Federal Motor Carrier Safety Administration to reconsider its final rule that limits the amount of regulatory relief granted when a regional emergency declaration is issued.
In October, FMCSA issued a final rule that reduces the emergency exemption window from 30 days to 14. FMCSA’s action revises the emergency exemption rules to narrow the amount of relief that is provided to motor carriers and truck drivers providing direct assistance. The change is set to take effect Dec. 12.
However, the National Propane Gas Association, Owner-Operator Independent Drivers Association and North Dakota are petitioning FMCSA to throw out the final rule.
The NPGA and OOIDA filed a joint petition for reconsideration on Monday, Nov. 13, and North Dakota Gov. Doug Burgum wrote a letter to the agency on Nov. 9.
The groups said the amount of time is insufficient and noted that FMCSA acknowledged there was no evidence that the hours-of-service waivers have deterred safety.
“FMCSA has failed to provide sufficient evidence and explanation to support its conclusions and its departure from longstanding policy and intent,” NPGA and OOIDA wrote. “In addition, the final rule fails to resolve ambiguities relating to pre-disaster emergency declarations. As a result, compliance with various provisions of FMCSA’s final rule is not practicable, is unreasonable and is not in the public interest.”
Burgum said that North Dakota’s emergency declarations have been determined necessary to combat significant winter storms and drought.
“The final rule change would severely impact operations in North Dakota during emergencies and have a direct impact on all citizens in our great state,” Burgum wrote.
FMCSA final rule
The final rule revises the Federal Motor Carrier Safety Regulations to:
- Allow automatic relief of hours-of-service regulations during an emergency, while shortening the duration and scope of exemption, except in the case of a presidential declaration of federal emergency
- Allow for additional reporting requirements when issuing extended or modified exemptions
- Establish a dedicated email inbox for extension or modification requests
- Eliminate the provision that provided automatic regulatory relief for other elements such as medical certification of drivers, vehicle inspection requirements, parts and accessories and transportation of hazardous materials
- Reduce the regional emergency exemption window from 30 days to 14
FMCSA’s original proposal sought to reduce the window from 30 days to five.
That proposal received significant pushback from OOIDA, state departments of transportation and the American Association of State Highway and Transportation Officials.
OOIDA said that while 14 days is better than five, there is no justification for any reduction.
“Certainly, the 14-day relief period put forth in the final rule is a more practical timeline than the originally proposed five-day window,” said Jay Grimes, OOIDA’s director of federal affairs. “However, we still question the need for revising the emergency regulations given the agency’s repeated acknowledgment that there is no evidence of the current emergency exemption rules leading to any degradation of safety. State governments and motor carriers should have every resource necessary to address and assist with emergency response efforts.” LL
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