Two private companies—Lone Star Haz Mat of Texas and Mainline Services LLC of Kansas City—simultaneously filed requests with the Federal Motor Carrier Safety Administration (FMCSA) for five-year exemptions from Hours of Service (HOS) rules, potentially altering compliance requirements for hazmat responders and rail incident crews.
Exemptions vs. Waivers
Exemptions differ from short-term waivers; most existing exemptions run four to five years. Notable current exemptions include the Specialized Carriers & Rigging Association (exemption to 2030 skipping 30-minute breaks for heavy loads), UPS (ELD data entry without engine on), and WestRock (exemption for one specific street). Waivers, like the recent fertilizer driver waiver expiring August 31, are shorter. FMCSA’s HOS exemptions page lists 10 entities currently operating under exemptions.
The Two Applications
Both filings were published in the Federal Register on June 30, with a comment period closing July 30.
Lone Star Haz Mat of Texas seeks an exemption for its “field response” drivers to exceed HOS rules when returning home or to base after hazardous material incident response operations.
Mainline Services LLC requests an exemption for employees who transport equipment to clear derailed or disabled trains or debris blocking tracks or railroad rights-of-way during unplanned events outside their normal shift.
Safety Concerns from AWM Associates
AWM Associates of Albuquerque, New Mexico—the consulting firm of Michael Millard, who describes himself as president and chief safety officer—filed comments against both requests.
Regarding Lone Star, Millard wrote: “It appears Lone Star is seeking relief from the regulations to overcome its ability to fulfill its contractual agreements.” He suggested the company could use non-CMVs (non-commercial motor vehicles) like Suburbans or vans to fulfill obligations. Millard also cited data from Lone Star’s SAFER file showing—with a screenshot—that the company exceeds the national average for drivers out of service citations and hazmat out of service orders, though on a small base.
On Mainline, Millard stated: “I refuse to believe that Mainline is the only source of companies to provide assistance during train derailments.”
Implications for Shippers and Operators
If granted, these exemptions could reduce compliance burdens for specialized hazmat and rail-incident operations. However, they also raise safety oversight questions. Shippers using hazmat carriers or rail contractors should monitor FMCSA’s decision, as exemptions may affect driver availability and safety records. The presence of skeptical comments from a safety consultant like Millard may influence the agency’s review.
Watch List
The comment period ends July 30. FMCSA will review the applications and may approve with conditions, deny, or request further information. Other companies may file similar requests, and the outcome could set a precedent for future private-company exemptions in niche operations.
| Company | Request | Purpose | Comment Deadline |
|---|---|---|---|
| Lone Star Haz Mat | HOS exemption for field response drivers | Return home/base after hazmat incident response | July 30, 2026 |
| Mainline Services LLC | HOS exemption for rail-incident response crews | Transport equipment to clear derailed trains or debris | July 30, 2026 |
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