The National Propane Gas Association wants an hours-of-service exemption that would apply during the winter. However, what do the industry’s stakeholders and the general public think about the exemption request?
Current regulations limit truck drivers to 11 hours of driving during a period of 14 consecutive hours following 10 consecutive hours off duty.
In July, the NPGA asked for a seasonal exemption that would run from Dec. 15 to March 15 each year. Under the exemption, drivers would be allowed to operate up to 12 hours per day and be on duty up to 15 hours per day without weekly limits.
The propane group also asked to replace the regulation’s 34-hour restart with a 24-hour restart.
“The winter of 2024-2025 was the most disruptive in 11 years,” NPGA wrote in its exemption application. “Extreme cold snaps, polar vortexes, ice storms and other winter weather affected significant areas of the United States between early January and late March. Major significant pipelines went on allocation, restricting the capacity to get fuel to homes. Storage levels close to affected communities ran empty. Roads remained unpassable for days, and states restricted all commercial driving on roads … As a result of these needs, long- and short-haul drivers often reach the maximum operating limits … within four days.”
The Federal Motor Carrier Safety Administration initially opened the request to a 30-day comment period. Then on July 28, the agency announced it was extending the comment period until Aug. 15 after a request from the New York State Department of Transportation.
Public comments
The Owner-Operator Independent Drivers Association was among the organizations that filed comments about NPGA’s exemption request.
OOIDA opposes the exemption, saying the “blanket waiver” will not reach an equivalent level of safety.
“The emergency waivers FMCSA routinely issues should provide adequate flexibility for emergency situations,” OOIDA wrote in comments signed by President Todd Spencer. “We certainly recognize the importance of NPGA members’ work that sustains critical functions through access to propane and propane accessories, but we do not feel overly broad relief from hours-of-service regulations is warranted for these types of operations. We encourage FMCSA to work with NPGA to readily identify potential hazardous conditions during winter months to ensure emergency waivers can be granted as necessary.”
The Commercial Vehicle Safety Alliance also wrote in opposition of the hours-of-service exemption.
“CVSA does not support NPGA’s exemption request, as it is unnecessary and does not provide an explanation for how an equivalent level of safety will be maintained if implemented,” the group wrote. “The Alliance recognizes that waiving HOS requirements can be necessary under extenuating emergency circumstances for drivers responding to emergencies, and CVSA recognizes the benefits of planning and staging to prepare for an emergency event prior to its occurrence. However, as noted in NPGA’s exemption request, FMCSA already has in place a process to issue emergency declarations and HOS waivers in advance of and in response to severe weather scenarios and other emergencies, as appropriate.”
Growmark, an agricultural cooperative based in Bloomington, Ill., supported the exemption request. The company said the exemption would ensure that the propane and gas industry can continue to keep communities warm while also maintaining safety.
Now that the comments are in, it is up to FMCSA to review the information before determining whether to grant the exemption request. LL
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