# Hours of Service: Lone Star Haz Mat Response, LLC; Application for Exemption > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2026-13189 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** June 30, 2026 - **Citation:** 91 FR 39658 ## Text DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2026-1521] Hours of Service: Lone Star Haz Mat Response, LLC; Application for Exemption AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of application for exemption; request for comments. SUMMARY: FMCSA requests public comment on an application for exemption from Lone Star Haz Mat Response, LLC (Lone Star) to allow its “field response” drivers to exceed the hours of service (HOS) requirements for the purpose of returning to their normal work reporting location or residence following hazardous materials incident response operations. FMCSA is required by statute to publish a notice explaining each exemption request. This notice does not indicate what decision FMCSA will ultimately reach on the request. After reviewing the application, safety analyses, and public comments submitted, FMCSA will grant or deny the exemption. DATES: Comments must be received on or before July 30, 2026. ADDRESSES: You may submit comments identified by Docket Number FMCSA-2026-1521 by any of the following methods: • Federal eRulemaking Portal: www.regulations.gov. See the Public Participation and Request for Comments section below for further information. • Mail: Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, W58-213, West Building, Washington, DC 20590-0001. • Hand Delivery or Courier: 1200 New Jersey Avenue SE, W58-213, West Building, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: (202) 493-2251. Each submission must include the Agency name and the docket number (FMCSA-2026-1521) for this notice. Note that DOT posts all comments received without change to www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits comments from the public to better inform its exemption process. DOT posts these comments, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice DOT/ALL-14 FDMS (Federal Docket Management System (FDMS)), which can be reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments are posted without edit and are searchable by the name of the submitter. FOR FURTHER INFORMATION CONTACT: Ms. Bernadette Walker, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; bernadette.walker@dot.gov. If you have questions on viewing or submitting material to the docket, contact Dockets Operations at (202) 366-9826. SUPPLEMENTARY INFORMATION: I. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. A. Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA-2026-1521), indicate the specific section of this document to which the comment applies, and provide a reason for your suggestions or recommendations. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission. To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2026-1521/document, click on this notice, click “Comment,” and type your comment into the text box on the following screen. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying and electronic filing. FMCSA will consider all comments and material received during the comment period. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. B. Confidential Business Information (CBI) CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to the notice contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to the notice, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission that constitutes CBI as “PROPIN” to indicate it contains proprietary information. FMCSA will treat such marked submissions as confidential under the Freedom of Information Act, and they will not be placed in the public docket of the notice. Submissions containing CBI should be sent to Brian Dahlin, Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or via email at brian.g.dahlin@dot.gov. At this time, you need not send a duplicate hardcopy of your electronic CBI submissions to FMCSA headquarters. Any comments FMCSA receives not specifically designated as CBI will be placed in the public docket for this notice. C. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov, insert FMCSA-2026-1521 in the keyword box, select the document tab and choose the document to review. To view comments, click this notice, then click “Browse Comments.” If you do not have access to the internet, you may view the docket by visiting Dockets Operations in room W58-213 of the DOT West Building, 1200 New Jersey Avenue SE, West Building, Washington, DC 20590—0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366-9317 or (202) 366-9826 before visiting Dockets Operations. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant exemptions from the Federal Motor Carrier Safety Regulations (FMCSRs). FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including the applicant's safety analysis. The Agency must provide an opportunity for public comment on the request. The Agency reviews the application, safety analyses, and public comments submitted and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved absent such exemption, pursuant to the standard set forth in 49 U.S.C. 31315(b)(1). The Agency must publish its decision in the Federal Register (49 CFR 381.315(b)). If granted, the notice will identify the regulatory provision(s) from which the exempted party will be exempt, the effective period, and all terms and conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is denied, the notice will explain the reason for the denial (49 CFR 381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)). III. Applicant's Request Current Regulatory Requirements Under 49 CFR 395.3(a)(1) a property carrying commercial motor vehicle (CMV) driver may not drive without first taking 10 consecutive hours off duty. Under sections 395.3(a)(2) and 395.3(a)(3)(i), the driver may drive no more than a total of 11 hours during a period of 14 consecutive hours after coming on duty following 10 consecutive hours off duty. Under 49 CFR 395.3(a)(3)(ii), driving is not permitted if more than 8 hours of driving time have passed without at least a consecutive 30-minute interruption in driving status. Under 49 CFR 395.3(b)(1), no motor carrier shall permit or require a driver of a property-carrying CMV to drive, nor shall any driver drive a property-carrying CMV, regardless of the number of motor carriers using the driver's services, for any period after having been on duty 60 hours in any period of 7 consecutive days or having been on duty 70 hours in any period of 8 consecutive days (49 CFR 395.3(b)(2)). Applicant's Request Lone Star states that it provides hazardous materials incident response, environmental cleanup and related emergency response services under contract with State and Federal agencies, including the Texas Department of Transportation and the Drug Enforcement Administration. These operations are unpredictable in timing and duration, and require immediate deployment at all hours of the day and night. Lone Star states that its drivers are dispatched only when they have sufficient hours available at the time of dispatch. However, due to the unpredictable duration of incident response operations, drivers may exhaust their HOS limits while completing response activities. Lone Star requests relief permitting drivers to exceed HOS limits solely for the purpose of returning to their normal wok reporting location or residence after completion of hazardous materials incidents, environmental cleanup, and emergency response operations. Although Lone Star requested a regulatory “waiver,” the substance of the application indicates it is seeking an “exemption” under 49 U.S.C. 31315(b), and FMCSA has therefore treated the application as such. The applicant further states that the exemption would apply to all Lone Star “field response” personnel. Applicant's Equivalent Level of Safety Lone Star states the requested exemption would maintain an equivalent level of safety because the situations requiring its drivers to exceed the HOS limits occur infrequently. Lone Star estimates the requested relief would only be used 4 to 5 times per month. The applicant further states that its drivers are dispatched only when they have not exceeded their HOS limits. A copy of the Lone Star's application for exemption is available for review in the docket for this notice. IV. Request for Comments In accordance with 49 U.S.C. 31315(b), FMCSA requests public comment from all interested persons on Lone Star's application for an exemption from the requirement in 49 CFR part 395 to allow all “field response” commercial vehicle drivers to exceed otherwise applicable HOS requirements specifically for the purpose of returning to their normal work reporting location or residence following hazardous materials incident response operations. All comments received before the close of business on the comment closing date will be considered and will be available for examination in the docket at the location listed under the Addresses section of this notice. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should continue to examine the public docket for new material. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2026-13189 Filed 6-29-26; 8:45 am] BILLING CODE 4910-EX-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2026-13189. Public record. Not legal advice.