OOIDA, National Propane Gas Association ask FMCSA to adopt emergency rule petition

The Owner-Operator Independent Drivers Association and the National Propane Gas Association are asking the Federal Motor Carrier Safety Administration to reconsider a petition filed regarding changes to the emergency declaration rule.

Set to go into effect on Tuesday, Dec. 12, FMCSA’s new rule would reduce the amount of regulatory relief granted when an emergency declaration is issued. Under the current rule, 30 days are allotted. However, the new timeframe granted by such emergency orders would be 14 days.

FMCSA initially proposed a five-day window but later landed on 14 days following a comment period.

In a Friday, Dec. 8 letter to FMCSA Administrator Robin Hutcheson, OOIDA and NPGA cited the timing of the new rule in their request for reconsideration.

“Given the approaching effective date of the final rule and the upcoming winter weather, NPGA and OOIDA are asking FMCSA to adopt our petition to reconsider its final rule,” the letter says.

The NPGA is made up of approximately 2,500 companies and 36 state and regional associations representing members in all 50 states, according to the letter. This includes retail marketers of propane gas as well as propane producers, transporters, wholesalers, manufacturers and distributors. NPGA reports about 75% of its members have fewer than 100 employees and are considered small businesses.

Propane products are particularly critical during agricultural-related emergencies and in rural states.

“Besides the three executive orders over the last two years to waive the hours of service for haulers of propane, gasoline, diesel fuel and heating oil, six more executive orders were issued for haulers of agricultural inputs, fertilizer, milk for students, rural electric workers and haulers of hay, water and livestock,” North Dakota Gov. Doug Burgum said in the letter. “North Dakota heavily depends on CDL drivers, and as a rural state, it is critical that we be able to move products and get resources to where they are needed most.”

Burgum recently spoke to Land Line and explained that from his perspective, the need for a change was not apparent.

“Sometimes you have to ask yourself, ‘What problem is the federal government trying to fix?’” Burgum said. “In this case, I don’t even see a problem. It certainly doesn’t exist in our state.”

Putting some numbers to it, Burgurm said that 19 of the 28 emergency waivers issued during his tenure were in effect for more than 14 days.

OOIDA’s mission is to promote and protect the interest of its members on any issues that might impact their economic well-being, working conditions and the safe operation of commercial motor vehicles on our nation’s highways.

“In our experience, the current 30-day period provides sufficient time to deliver emergency assistance without negatively impacting safety,” OOIDA wrote in its formal comments. “We are unclear on exactly why FMCSA is proposing these regulatory changes at this time.” LL

Read more Land Line news.