Notice2025-05361
Hours of Service: Colorado Huntsman Transport, Inc.; Application for Exemption
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 28, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on the application from Colorado Huntsman Transport, Inc. d.b.a. Huntsman Transport, USDOT 4050798 ("Huntsman Transport"), for an exemption from the commercial motor vehicle (CMV) marking requirements and hours of service prohibition against driving a CMV after accumulating 60 hours of on-duty time within 7 consecutive days.
Full Text
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<title>Federal Register, Volume 90 Issue 59 (Friday, March 28, 2025)</title>
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[Federal Register Volume 90, Number 59 (Friday, March 28, 2025)]
[Notices]
[Pages 14179-14181]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05361]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0317]
Hours of Service: Colorado Huntsman Transport, Inc.; Application
for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
requests public comment on the application from Colorado Huntsman
Transport, Inc. d.b.a. Huntsman Transport, USDOT 4050798 (``Huntsman
Transport''), for an exemption from the commercial motor vehicle (CMV)
marking requirements and hours of service prohibition against driving a
CMV after accumulating 60 hours of on-duty time within 7 consecutive
days.
DATES: Comments must be received on or before April 28, 2025.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2024-0317 by any of the following
methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. See the
Public Participation and Request for Comments section below for further
information.
<bullet> Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: West Building, Ground Floor,
1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. E.T., Monday
through Friday, except Federal holidays.
<bullet> Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2024-0317) for this notice. Note that DOT posts all comments
received without change to <a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal
information included in a comment. Please see the Privacy Act heading
below.
Docket: For access to the docket to read background documents or
comments, go to <a href="http://www.regulations.gov">www.regulations.gov</a> at any time on the ground level of
the West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. To
be sure
[[Page 14180]]
someone is there to help you, please call (202) 366-9317 or (202) 366-
9826 before visiting Dockets Operations.
FOR FURTHER INFORMATION CONTACT: Bernadette Walker, Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards, FMCSA; (202) 385-2415; <a href="/cdn-cgi/l/email-protection#d0b2b5a2beb1b4b5a4a4b5fea7b1bcbbb5a290b4bfa4feb7bfa6"><span class="__cf_email__" data-cfemail="2d4f485f434c4948595948035a4c4146485f6d494259034a425b">[email protected]</span></a>. If you
have questions on viewing or submitting material to the docket, contact
Dockets Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2024-0317), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. 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 the Agency can contact you if it has questions
regarding your submission.
To submit your comment online, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, insert
the docket number (FMCSA-2024-0317) in keyword box, and click on this
notice, 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\1/2\ by 11 inches, suitable for
copying and electronic filing.
FMCSA will consider all comments and material received during the
comment period. Comments received after the comment closing date will
be filed in the public docket and will be considered to the extent
practicable.
B. Confidential Business Information (CBI)
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 notice 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
notice, 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 notice. 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
<a href="/cdn-cgi/l/email-protection#ed8f9f848c83c38ac3898c85818483ad898299c38a829b"><span class="__cf_email__" data-cfemail="bbd9c9d2dad595dc95dfdad3d7d2d5fbdfd4cf95dcd4cd">[email protected]</span></a>. 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 notice.
C. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, insert FMCSA-2024-0317 in the keyword box, select
the document tab, 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
Docket 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., ET 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.
D. Privacy
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
<a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system of records notice DOT/
ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed
under the ``Department Wide System of Records Notices'' at <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>. The comments are posted without edit and are searchable by the
name of the submitter.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from Federal Motor Carrier Safety Regulations (FMCSRs).
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 safety analyses and public comments submitted
and determines whether granting the exemption would likely maintain a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305(a)). The Agency must
publish its decision in the Federal Register (49 CFR 381.315(b)). If
granted, the notice will identify the regulatory 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. Applicant's Request
Huntsman Transport seeks an exemption from the requirement in 49
CFR 390.21 that CMVs must be marked with the legal name or single trade
name and USDOT number of the motor carrier. The applicant also requests
a customized HOS framework under 49 CFR part 395 to allow employees to
accumulate up to 80 hours of on duty time within a 7-day period, from
Sunday to Saturday, before driving is prohibited and incorporate team
driving without a sleeper berth.
Under 49 CFR 395.5(b), passenger carrying CMV drivers may not drive
after having been on duty 60 hours in any 7 consecutive days if the
motor carrier does not operate CMVs every day of the week or after
having been on duty 70 hours in any period of 8 consecutive days if the
employing motor carrier operates CMVs every day of the week. Huntsman
Transport is a third-party organization that partners with Federal,
State, and Local law enforcement agencies to provide prisoner
transportation services.
The applicant requests an exemption from the CMV marking
requirements due to the sensitive and high-risk nature of its
operations and the potential for interference with its routes by
individuals who may seek to disrupt its operations. In addition, the
applicant requests an exemption from the maximum driving time limits
due to the unpredictable schedules of prisons. The applicant states
that longer transit times
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pose a significant risk to public safety. The applicant cites several
benefits to the requested exemption, including less time for violent
prisoners to escape while in transport, lower costs due to shorter
travel times, expediting the return of innocent prisoners, more time
off for employees, and fewer delays in achieving closure for victims of
crimes.
The applicant states further that if the exemption is not granted,
law enforcement and the people who pay for these vital services--
transport partners and taxpayers--will be subjected to a greater
burden. This growth of expenses will also affect their business,
putting a strain on their budget and making it difficult to pay for
essential operating expenses.
Applicant's Equivalent Level of Safety
Huntsman Transport believes the exemption would not compromise
safety because it requires all inmate transports that last longer than
two days to use two agents. This makes it possible for efficient driver
rotations that lessen fatigue by guaranteeing that each driver has a
committed companion who can relax in the passenger seat. Depending on
operational requirements, the applicant encourages drivers to switch
every three to five hours, which encourages necessary breaks and
improves overall road safety and efficiency. In addition, each employee
may drive individually for no more than 8 hours per day and must spend
at least 8 hours off duty in a hotel environment.
Lastly, the applicant has implemented a policy that restricts
agents' driving responsibilities to no more than three weeks in any
four-week month or four weeks in any five-week month, to guarantee that
both drivers have enough time to rest. The applicant usually has a two-
week driving schedule with a week off in between. This enables Huntsman
Transport agents to take 16 weeks off each year before using their paid
time off. The applicant believes that granting the exemption would not
jeopardize safety; instead, it would improve its ability to protect its
drivers, prisoners in their custody, and the general public from
potential threats.
A copy of Huntsman Transport's application for exemption is
available for review in the docket for this notice.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment on Huntsman Transport's application from the vehicle marking
requirements in 49 CFR 390.21 and the 60- and 70-hour limits in 49 CFR
395.5(b). All comments received before the close of business on the
comment closing date will be considered and will be available for
examination in the docket at the location listed under the ADDRESSES
section of this notice. Comments received after the comment closing
date will be filed in the public docket and will be considered to the
extent practicable. In addition to late comments, FMCSA will continue
to file relevant information that becomes available after the comment
closing date in the public docket. Interested persons should continue
to examine the public docket for new material.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2025-05361 Filed 3-27-25; 8:45 am]
BILLING CODE 4910-EX-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.