Tank truck transporters clash with crop dusters over Hazmat regulations

The Federal Motor Carrier Safety Administration (FMCSA) is currently considering a petition filed by the National Agricultural Aviation Association (NAAA) for an exemption from the Hazardous Materials (HM) endorsement requirement for Class A commercial driver's license (CDL) holders who transport 1,000 gallons or less of aviation-grade jet fuel for crop-spraying aircraft.

The NAAA argues that there is a shortage of truck drivers needed for jet fuel and crop protection product transportation to satellite airstrips near fields. This exemption, they contend, could help alleviate this shortage. The Arkansas Trucking Association supports this exemption request, while the National Tank Truck Carriers (NTTC) opposes it.

The NTTC, with over 500 member companies, is concerned that the exemption could lead to the use of inexperienced, undertrained, and unqualified HM drivers, potentially increasing risk exposure for all parties and the public. They argue that ensuring drivers receive proper training and credentialing is an essential cost of doing business.

An anonymous commenter shared similar concerns, stating that exempting drivers from being tested on critical safety topics could put the public at an undue risk by allowing untrained and unqualified drivers to haul extremely volatile commodities.

The FMCSA, however, believes that jet fuel is similar enough in chemical characteristics to diesel fuel to potentially extend the exemption for hauling jet fuel. They predict that the exemption could save costs for both aviation operators and the drivers they hire to mix, load, and transport jet fuel.

The NAAA asserts that the exemption could be provided without compromising safety. They point out that the drivers in question would still be subject to the same regulations as other CDL holders, including vehicle inspections, driving hours, and record-keeping requirements.

The FMCSA received 63 comments on the proposed exemption, with the majority either supporting or advocating for a broader exemption. The Arkansas Trucking Association is among those supporting the exemption.

The FMCSA accepted the NAAA's application for the exemption in December 2022 under the Biden administration. However, the decision on the final rule regarding the NAAA's exemption request is still pending. The latest regulatory agenda released this month indicates that the Trump administration's FMCSA plans to make a decision on the final rule regarding the NAAA's exemption request by the end of the year.

The FMCSA's decision on this matter will have significant implications for the agricultural aviation industry and the transportation of hazardous materials. Stay tuned for updates on this developing story.