Notice2026-02367
Hours of Service of Drivers: 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
February 6, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to deny a request 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 provisions of the hours-of- service (HOS) regulations. FMCSA analyzed the exemption application and public comment and has determined that the exemption would not likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.
Full Text
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<title>Federal Register, Volume 91 Issue 25 (Friday, February 6, 2026)</title>
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[Federal Register Volume 91, Number 25 (Friday, February 6, 2026)]
[Notices]
[Pages 5553-5554]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02367]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0317]
Hours of Service of Drivers: Colorado Huntsman Transport, Inc;
Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; denial of application for
exemption.
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SUMMARY: FMCSA announces its decision to deny a request 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 provisions of the hours-of-
service (HOS) regulations. FMCSA analyzed the exemption application and
public comment and has determined that the exemption would not likely
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: Ms. Bernadette Walker, FMCSA Driver
and Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; 202-366-2551 or <a href="/cdn-cgi/l/email-protection#591b3c2b37383d3c2d2d3c772e3835323c2b193d362d773e362f"><span class="__cf_email__" data-cfemail="f5b790879b949190818190db8294999e9087b5919a81db929a83">[email protected]</span></a>. 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 <a href="https://www.regulations.gov/docket/FMCSA-2024-0317/document">https://www.regulations.gov/docket/FMCSA-2024-0317/document</a> 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 applications, 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 provisions 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 390.21, CMVs must be marked with the legal name or
single trade name and USDOT number of the motor carrier. Under 49 CFR
395.5(b), drivers of passenger-carrying CMVs 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.
Applicant's Request
Colorado Huntsman Transport's application for exemption was
described in detail in a Federal Register notice on March 28, 2025, (90
FR 14179) and will not be repeated as the facts have not changed.
IV. Public Comments
AWM Associates, LLC. (AWM) filed the only comment on this exemption
request. AWM opposed granting the exemption and stated, ``The FMCSA
should deny the carrier's application; whereas the carrier's
competition has a similar service and has not asked for an exception.
Allowing the carrier an exception opens a flood gate for other similar
operations to apply for exemptions.''
V. FMCSA Decision
FMCSA evaluated Huntsman Transport's application and the public
comment and denies the exemption request. Huntsman Transport failed to
establish that it would likely achieve a level of safety equivalent to,
or greater than, the level achieved without the exemption.
The CMV marking requirements exist to ensure that State officials
who conduct roadside vehicle inspections and crash investigations
attribute safety data to the correct motor carrier. They also provide
the public with a means to identify motor carriers operating in an
unsafe manner. Huntsman Transport did not explain how operating
unmarked CMVs would reduce the alleged security threat posed by
encounters between transported prisoners and individuals they may know
during stops at other correctional facilities and did not explain how
it would achieve an equivalent level of safety. As noted by the
commenter, other prisoner transport contractors comply with the CMV
marking requirements, and Huntsman Transport
[[Page 5554]]
could use a smaller van if it wanted to complete a trip in an unmarked
vehicle.
Huntsman Transport requested that it be permitted to extend the 60-
hour/7-day on-duty period to an 80-hour/7-day on-duty period (from
Sunday to Saturday), resetting every Sunday at 0000 hours. To ensure an
equivalent level of safety, the applicant proposes a team driver
operation for trips that last longer than two days. The team driver
operation consists of the Huntsman agents alternating every three to
five hours between driving and resting in the passenger seat, as the
CMV will not be equipped with a sleeper berth. FMCSA does not believe a
driver resting in the passenger seat of a CMV for more than three hours
allows for adequate rest for operating a CMV.
The HOS regulations exclude from the definition of ``on-duty time''
all time spent resting in a parked CMV, time spent resting in a sleeper
berth, and up to three hours in the passenger seat of a moving CMV
immediately before or after at least seven consecutive hours in the
sleeper berth. FMCSA has determined that resting in a parked CMV and
resting in a sleeper berth provide adequate alternatives to lodging. In
contrast, Huntsman's request would allow team drivers to alternate
every three to five hours between driving and resting in the passenger
seat of a moving CMV rather than resting in a parked CMV. In its 2020
Hours-of-Service final rule FMCSA noted that drivers get a lower
quality of sleep in a moving vehicle (85 FR 33396, 33424). FMCSA
determined that based on studies and sleep science, drivers need at
least one primary sleep period of 7 consecutive hours when using the
sleeper berth provision to rest in a moving CMV.
The applicant proposes working a maximum of 80 hours within a 7-day
period from Sunday to Saturday with an allowance to reset on Sunday at
0000 hours and driving limited to 8 hours per day. The proposed 80-
hour-per-week alternative does not offer a level of safety equivalent
to FMCSA's HOS regulations which permits 60 hours in any 7-day period
and 70 hours in any 8-day period. It permits dangerously long work
hours without proper rest or oversight, increases risk of fatigue-
related crashes, and conflicts with science-based safety standards.
The applicant also proposes a policy that restricts its 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. FMCSA believes the applicant's
proposed policy is insufficient because the extended time off does not
mitigate daily or weekly fatigue.
For the above reasons, Huntman Transport's exemption application is
denied.
Derek D. Barrs,
Administrator.
[FR Doc. 2026-02367 Filed 2-5-26; 8:45 am]
BILLING CODE 4910-EX-P
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