HOS Exemption: Lone Star Haz Mat Response Seeks Relief

FMCSA Seeks Comment on Lone Star Haz Mat Response HOS Exemption

The Federal Motor Carrier Safety Administration (FMCSA) has published a notice requesting public comment on an application for exemption from Lone Star Haz Mat Response, LLC (Lone Star). The exemption would allow Lone Star's "field response" drivers to exceed the hours of service (HOS) requirements when returning to their normal work reporting location or residence following a hazardous materials incident response.

This regulatory development is critical for CDL drivers and carriers involved in hazmat response, as it could provide much-needed flexibility during emergency operations. The comment period is open until July 30, 2026.

What the Exemption Proposes

Lone Star's application seeks relief from the standard HOS limits—specifically the 11-hour driving limit, 14-hour on-duty limit, and mandatory rest periods—for drivers returning from a hazmat response event. The exemption would apply only after the driver has completed the emergency response and is returning to their home terminal or residence.

According to the FMCSA notice, Lone Star argues that strict HOS compliance during return trips can delay the driver's rest and increase fatigue risk, as drivers may be forced to stop in unsafe locations or rush to beat the clock. The exemption aims to allow drivers to complete the return trip safely, even if it exceeds normal limits, provided they take adequate rest before their next duty.

Why This Matters for CDL Drivers

Hazmat response drivers often work under extreme conditions—long hours, high stress, and unpredictable schedules. The current HOS rules, designed for routine freight operations, can be ill-suited for emergency scenarios. If granted, this exemption could:

• Reduce pressure on drivers to find parking or rest stops during late-night returns.
• Allow drivers to reach a familiar, safe location before resting.
• Improve overall safety by letting drivers focus on the road rather than the clock.

However, critics worry that exempting return trips could lead to abuse or increased fatigue. The FMCSA will weigh these concerns during the comment period.

Industry Context

The trucking industry has seen a surge in hazmat-related incidents, with recent headlines highlighting the risks. For example, the Illinois Hazmat Blitz: 61 Vehicles Out-of-Service underscores the importance of rigorous safety standards. Meanwhile, the Borderlands Mexico: Cargo Theft Falls, Attacks on Truckers Turn Deadlier shows the evolving threats drivers face.

Lone Star's exemption application is part of a broader trend of carriers seeking regulatory flexibility to improve safety and efficiency. The FMCSA has granted similar exemptions in the past, such as for agricultural and livestock haulers.

How to Comment

The FMCSA invites all stakeholders—drivers, carriers, safety advocates, and the public—to submit comments. You can do so via the Federal eRulemaking Portal at www.regulations.gov, docket number FMCSA-2026-0123. Comments must be received by July 30, 2026.

What This Means for Your Career

For CDL drivers, staying informed about regulatory changes is key to career growth. Whether you drive hazmat or not, understanding HOS exemptions can help you advocate for safer working conditions. If you're looking for a carrier that prioritizes safety and compliance, apply for a CDL job on our platform. Carriers can see our carrier pricing to access our network of 4,562+ verified drivers.

FAQ

Q: Will this exemption apply to all hazmat drivers?

A: No. The exemption is specific to Lone Star Haz Mat Response, LLC and its field response drivers. Other carriers would need to apply for their own exemptions.

Q: How long will the exemption last if approved?

A: Exemptions are typically granted for up to five years, but the FMCSA may impose conditions or require periodic reporting.

Q: Can I comment as an individual driver?

A: Yes. The FMCSA encourages comments from all stakeholders, including drivers. Your input can influence the final decision.

Q: Does this exemption affect ELD requirements?

A: The exemption does not waive ELD use. Drivers must still record their hours, but the exemption would allow them to exceed limits during return trips without penalty.