Notice2025-12204
Hours of Service: National Propane Gas Association; 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
July 1, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA requests public comment on the application from the National Propane Gas Association (NPGA) for an exemption from various hours-of-service (HOS) requirements between December 15 and March 15 each year to enable the propane industry to better prepare and respond to emergencies threatening human health and safety during winter. The applicant requests the exemption to allow drivers to drive up to 12 hours per day and be on duty up to 15 hours per day, without weekly limits, and to replace the 34-hour restart with a 24-hour restart, with prior notice by NPGA to FMCSA.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Notices]
[Pages 28854-28856]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12204]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2025-0125]
Hours of Service: National Propane Gas Association; Application
for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA requests public comment on the application from the
National Propane Gas Association (NPGA) for an exemption from various
hours-of-service (HOS) requirements between December 15 and March 15
each year to enable the propane industry to better prepare and respond
to emergencies threatening human health and safety during winter. The
applicant requests the exemption to allow drivers to drive up to 12
hours per day and be on duty up to 15 hours per day, without weekly
limits, and to replace the 34-hour restart with a 24-hour restart, with
prior notice by NPGA to FMCSA.
DATES: Comments must be received on or before July 31, 2025.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2025-0125 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: 1200 New Jersey Avenue SE, West
Building, Ground Floor, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
<bullet> Fax: (202) 493-2251.
[[Page 28855]]
Each submission must include the Agency name and the docket number
(FMCSA-2025-0125) 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.
Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption 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 FDMS (Federal Docket Management System (FDMS)), which
can be reviewed 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.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA; (202) 366-9220; or <a href="/cdn-cgi/l/email-protection#cfbda6aca7aebdabe1aca3aaa2aaa1bbaa8faba0bbe1a8a0b9"><span class="__cf_email__" data-cfemail="c1b3a8a2a9a0b3a5efa2ada4aca4afb5a481a5aeb5efa6aeb7">[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-2025-0125), indicate the specific section of this
document to which the comment applies, and provide a reason for your
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="https://www.regulations.gov/docket/FMCSA-2025-0125/document">https://www.regulations.gov/docket/FMCSA-2025-0125/document</a>, 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
via email at <a href="/cdn-cgi/l/email-protection#f694849f9798d891d892979e9a9f98b6929982d8919980"><span class="__cf_email__" data-cfemail="adcfdfc4ccc383ca83c9ccc5c1c4c3edc9c2d983cac2db">[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-2025-0125 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 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.
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 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
Current Regulatory Requirements
Under 49 CFR 395.3(a)(2) and (3), a property-carrying commercial
motor vehicle (CMV) driver may drive only 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
The NPGA requests a five-year exemption for its member company
drivers to waive the requirements of 49 CFR 395.3 with prior notice to
FMCSA, between the period of December 15th and March 15th, when the
need for propane as heating fuel is most urgent. NPGA states that its
request is based on the Agency's prior approval of exemption
applications for other industries that enable individual drivers to
respond to specified conditions with
[[Page 28856]]
temporary waiver of certain provisions of the HOS regulations. NPGA is
the national trade association of the propane industry which has a
membership of nearly 2,400 companies, and 36 State and regional
associations representing members in all 50 States. Their membership
includes retail marketers of propane gas who deliver the fuel to the
end user, propane producers, transporters and wholesalers, and
manufacturers and distributors of equipment, containers, and
appliances.
According to NPGA, the winter of 2024-2025 was the most disruptive
in eleven years, as extreme cold snaps, polar vortexes, ice storms and
other winter weather affected significant areas of the U.S. between
January and late March 2025. The applicant therefore requests
exemptions from several provisions.
First, NPGA requests that drivers covered by the exemption be
allowed up to 15 hours of on-duty time daily, up to 12 hours of driving
time daily, and be allowed to waive the limit on the number of
consecutive days that a driver may utilize the exemption. With prior
notice to FMCSA by NPGA, any period of six consecutive days during the
exemption ``window'' may end with the beginning of an off-duty period
of 24 or more consecutive hours, as opposed to the current option of 34
or more consecutive hours off duty to reset the ``weekly'' HOS limits.
The requested exemption would also remove the restriction on
drivers who have been on duty for 60 hours over seven consecutive days,
or 70 hours over eight consecutive days. NPGA believes these waivers
would efficiently and effectively allow its members to respond to
emergency crises, and indicate that drivers who utilize the special
exemption, following prior notice by NPGA to FMCSA, must maintain
appropriate documentation to demonstrate the threat to human health and
safety within the scope of the special exemption.
NPGA states that the proposed exemption would allow for organizing
driver schedules in advance, rather than reacting to an emergency, more
efficient responses to critical concerns, and for propane marketers to
improve planning before an emergency. Instead of waiting for a crisis
to occur, marketers and transporters may secure and procure sufficient
supplies in advance and organize their drivers to meet heating demands
more efficiently and effectively. To clearly define the ``scope'' of
the request, NPGA provides a brief outline of the Terms and Conditions
in their application to apply to those individuals providing propane
services for periods of peak consumer demand. Included in this outline
is that drivers and motor carriers utilizing the exemption must comply
with all other provisions of the Federal Motor Carrier Safety
Regulations, including adhering to all conditions in 49 CFR 390.3 not
covered by the exemption, and that drivers must also complete the
Fatigue and Wellness course provided by the Propane Education and
Research Council.
A copy of NPGA'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 from all interested persons on NPGA's application for an
exemption from various HOS requirements in 49 CFR 395.3. 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 also continue to file, in the
public docket, relevant information that becomes available after the
comment closing date. Interested persons should continue to examine the
public docket for new material.
Larry W. Minor,
Associate Administrator of Policy.
[FR Doc. 2025-12204 Filed 6-30-25; 8:45 am]
BILLING CODE 4910-EX-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 1, 2025.
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.