FMCSA Requests Public Comment on HOS Exemption Application

The Federal Motor Carrier Safety Administration (FMCSA) is seeking public comment on an application for exemption from certain hours-of-service (HOS) regulations. The application was submitted by Mainline Services, LLC, a company that transports equipment used to clear derailed or disabled trains and debris from railroad tracks and! rights-of-way.

Mainline Services is seeking an exemption for its employees who respond to unplanned events that affect interstate commerce, rail service, or the safety of railway operations. These events often occur outside of or extend beyond the employee's normal shift, and the company believes that the current HOS regulations do not provide enough flexibility to respond to these situations safely and efficiently.

The FMCSA is required by statute to publish a notice explaining each exemption request and to seek public comment on the application. The agency will review the application, safety analyses, and public comments before making a decision on whether to grant or deny the exemption.

This exemption application is relevant to oversize-load carriers, brokers, shippers, and escorts because it highlights the challenges of complying with HOS regulations in situations where flexibility is needed to respond to unplanned events. If granted, the exemption could set a precedent for other companies that operate in similar circumstances.

Some of the key points to consider when evaluating this exemption application include:

  • The potential impact on safety: Would granting an exemption compromise safety, or would it allow companies to respond to unplanned events more safely and efficiently?
  • The potential impact on operations: How would an exemption affect the operations of Mainline Services and other companies that respond to unplanned rail events?
  • The potential precedent: Could granting an exemption to Mainline Services set a precedent for other companies to seek similar exemptions?

The FMCSA is accepting public comments on the exemption application until a date to be determined. Oversize-load carriers, brokers, shippers, and escorts who may be affected by this exemption should review the application and submit their comments to the FMCSA.

Source: Federal Register — FMCSA