NPGA evaluates options after FMCSA denies hours-of-service exemption

The Federal Motor Carrier Safety Administration (FMCSA) denied an application from the National Propane Gas Association (NPGA), submitted in September 2022, for a five-year special exemption to federal hours-of-service (HOS) regulations.

FMCSA and NPGA had discussed a proposal that would allow for an automatic waiver of specific regulations – without state or federal action and used at the discretion of the company on a per-vehicle/driver basis – during periods of peak consumer demand. Among the main components: extending the daily driving maximum from 11 hours to 14 hours and extending the daily on-duty maximum from 14 hours to 17 hours for up to six consecutive days.

“They denied it for reasons of safety,” NPGA President and CEO Steve Kaminski says. “They were concerned about companies having the ability on their own to decide when waivers were appropriate. So, it took the ball out of their hands.”

The propane industry received a broad HOS waiver in December, covering 47 states over 15 days.

“The Biden administration had suggested that these would not be as forthcoming as previous, which is why we wanted to try to get a special exemption,” Kaminski says. “So, some of my concerns about why we needed it have been ameliorated a little bit, given that this winter they did grant us one. That was helpful.”

NPGA says it continues to evaluate its options.

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