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Recently this month, the National Propane Gas Association (NPGA) and Owner-Operator Independent Drivers Association (OOIDA) have jointly submitted a Petition for Reconsideration in response to the Federal Motor Carrier Safety Administration's (FMCSA) final rule, "Clarification to the Applicability of Emergency Exemptions", we reported on last month.
Published in October, the final rule by FMCSA reduces regional emergency declaration waivers from 30 days to 14 days. It amends the emergency definition, specifying that relief does not apply to supply chain or labor disruptions unless an immediate threat to human life is present, leading to a declaration of emergency. Notably, the rule fails to address advanced/pre-disaster declarations. These changes are slated to become effective on December 12th.
The petition challenges FMCSA's lack of evidence and explanation for altering emergency exemptions. FMCSA admits its inability to justify these changes and overlooks the practicality and clarity of advanced emergency declarations. The final rule's ambiguity on pre-disaster relief and absence of guidelines for regional advanced declarations pose challenges for motor carriers and drivers.
NPGA and OOIDA urge FMCSA to reconsider the final rule, citing its impracticality, unreasonableness, and adverse impact on the public interest. The petitioners also request FMCSA to stay the rule's effective date and clarify the agency's authority to issue advanced declarations, emphasizing the growing importance of promptly addressing weather emergencies.
TPGA will keep members informed in any changes or stops to this final rule set to take effect next month as we head into the winter season
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