WASHINGTON — The Federal Motor Carrier Safety Administration has set December for a final rule pitting a major trucking association against a segment of the aviation industry.
FMCSA solicited comments earlier this year on a petition filed by the National Agricultural Aviation Association (NAAA), which requested that the agency waive its hazardous materials (HM) endorsement requirement for Class A commercial driver’s license (CDL) holders who haul 1,000 gallons or less of aviation-grade jet fuel for crop-spraying aircraft.
NAAA argued, among other reasons, that there is a shortage of truck drivers needed to haul jet fuel and crop protection products to satellite airstrips nearer to the fields that need to be sprayed. The group, which represents 1,560 aerial application industry owner/operators and 2,028 non-operator agricultural pilots, asserted that the exemption could be provided without compromising safety.
The majority of the 63 comments filed on the proposed exemption either supported or wanted to see it expanded further to other CDL classes, including the Arkansas Trucking Association. Only the National Tank Truck Carriers (NTTC) and an anonymous commenter are opposing the exemption.
“[NTTC] carriers have expressed concern that, if approved, [the exemption] would open the door for even more use of inexperienced, undertrained and unqualified HM drivers that will almost certainly result in additional risk exposure for all parties involved and the motoring public,” the group warned.
“Given the inherent dangers hauling hazardous materials, an accident involving even less than 1,000 gallons of fuel can still result in catastrophic consequences.”
NTTC, which has over 500 member companies, pointed out that during theory training for the HM endorsement, driver applicants are tested on safety topics such as emergency procedures, tunnel and highway grade crossing requirements, and how to report hazardous materials crashes and releases.
“Exempting drivers from being tested on these critical safety topics puts the public at an undue risk by allowing untrained and unqualified drivers to haul extremely volatile commodities,” NTTC noted. “Ensuring that drivers receive the proper training and credentialing is an essential cost of doing business.”
When FMCSA accepted NAAA’s application for the exemption in December 2022 under the Biden administration, the agency noted that both diesel and jet fuels “are similar enough in chemical characteristics” to consider extending the exception to hauling jet fuel.
The agency also predicted the exemption could save costs for both aviation operators and the drivers they hire to mix, load, and transport jet fuel.
According to the latest regulatory agenda released earlier this month, the Trump administration’s FMCSA plans to make the call on a final rule by the end of the year.
