[Federal Register Volume 90, Number 140 (Thursday, July 24, 2025)]
[Notices]
[Pages 34956-34958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-13961]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0056]


Hours of Service of Drivers: R.J. Corman Railroad Services, 
Cranemasters, Inc., and National Railroad Construction and Maintenance 
Association, Inc.

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition; renewal of exemption.

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SUMMARY: FMCSA announces its final decision to renew the exemption 
granted to R.J. Corman Railroad Services (R.J. Corman), Cranemasters, 
Inc. (Cranemasters), and the National Railroad Construction and 
Maintenance Association Inc. (NRC) from the prohibition against driving 
a property-carrying commercial motor vehicle (CMV) beyond the 14th hour 
after coming on duty and driving after accumulating 60 hours of on-duty 
time in 7 consecutive days, or 70 hours of on-duty time in 8 
consecutive days. The exemption renewal is applicable to employees of 
R.J. Corman and Cranemasters operating CMVs in response to unplanned 
events that occur outside of, or extend beyond, the subject employees' 
normal work hours. FMCSA has analyzed the exemption application and the 
public comments and has determined that the exemption renewal, subject 
to the terms and conditions set forth below, is likely to achieve a 
level of safety that is equivalent to or greater than the level that 
would be achieved in the absence of the exemption.

DATES: The exemption is effective March 4, 2025, and expires on March 
4, 2030.

FOR FURTHER INFORMATION CONTACT: Bernadette Walker, Driver and Carrier 
Operations Division; Office of Carrier, Driver and Vehicle Safety 
Standards; FMCSA; (202) 385-2415; [email protected]. If you 
have questions on viewing or submitting material to the docket, contact 
Dockets Operations, (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view any documents mentioned as being available in the docket, 
go to https://www.regulations.gov/docket/FMCSA-2019-0056/document 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 online by visiting Dockets Operations 
on the ground floor of the DOT West Building, 1200 New Jersey Avenue 
SE, Washington, DC 20590, 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 from which the 
applicant 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. Background

Current Regulatory Requirements

    Under 49 CFR 395.3(a)(2), drivers are prohibited from driving after 
a period of 14 consecutive hours after coming on-duty following 10 
consecutive hours off-duty.
    Under 49 CFR 395.3(b)(1), drivers are prohibited from operating a 
CMV for any period after having been on duty 60 hours in any period of 
7 consecutive days if the employing motor carrier does not operate CMVs 
every day of the week. Under 49 CFR 395.3(b)(2), drivers are prohibited 
from operating a CMV for any period after having been on duty 70 hours 
in any period of 8 consecutive days if the employing motor carrier does 
operate CMVs every day of the week.

Applicants' Request

    The application for exemption was described in detail in a Federal 
Register notice on March 10, 2025 (90 FR 11642) and will not be 
repeated here as the facts have not changed.

IV. Public Comments

    The Agency received ten comments. Of the ten comments, seven 
supported granting the exemption, two opposed it, and one was neither 
for nor against the exemption.
    Of the seven comments supporting the exemption, one was from an 
anonymous individual and six were from associations: Kentuckians for 
Better Transportation, Mississippi Railroad Association, Alabama 
Railway Association, Railroads of New York, Inc., Ohio Railroad 
Association, Texas Shortline and Regional Railroad Association. The 
Mississippi Railroad Association commented, ``This exemption will help 
our rail network continue to function and provide critical connectivity 
for our state's manufacturers, agricultural producers, and consumers.'' 
The other railroad associations all filed similar comments, pointing 
out the irregular nature of rail incidents and stating that most of the 
affected drivers only travel short distances to incident sites. The 
anonymous commenter supported the exemption because it recognizes ``the 
need to be able to remove roadblocks that could cause derailments and 
damage to the property surrounding the railroad tracks,'' including 
hazardous leakage and toxic chemical releases.
    The American Academy of Sleep Medicine opposed the exemption, 
stating ``While adherence to Federal Motor Carrier Safety 
Administration regulations may be operationally challenging, exemptions 
to these rules subject drivers and the public to avoidable safety 
risks.'' E. Irizarry commented, ``I respectfully request FMCSA consider 
the broader implications of this exemption and explore a more 
inclusive, consistent framework that takes into account the unforeseen 
and uncontrollable delays faced by truck drivers every day.''
    One anonymous commenter noted his general support for ``less hours 
for truck drivers so that they aren't overworked and underpaid [sic].''

[[Page 34957]]

V. FMCSA Decision

    The Agency has reviewed the application, comments to the docket, 
and R.J. Corman's and Cranemaster's safety records. FMCSA believes 
there is a public interest in providing the applicants with reasonable 
flexibility to address urgent situations that disrupt rail services. 
The relief is limited to the trip to the scene of the unplanned event; 
drivers will record working time at the scene as on-duty, non-driving 
time; and drivers will get the requisite rest before driving on a 
public road post-incident. Because such events happen only occasionally 
and not during a predictable number of times per week or per month, 
drivers would not operate CMVs after the 14th hour of coming on duty as 
a regular part of their schedules. Drivers would not regularly operate 
CMVs after accumulating 60 hours or 70 hours of on-duty time during 
seven or eight consecutive days. Drivers' standard schedules would 
include adherence to the 14-hour rule and adherence to the 60- and 70-
hour rules.
    FMCSA is unaware of any evidence of a degradation of safety 
attributable to the current exemption. The applicants asserted that 
they have operated safely without incident since the initial exemption 
grant. FMCSA therefore concludes that renewing the exemption for 
another five years, under the terms and conditions set forth below, 
will likely achieve a level of safety that is equivalent to, or greater 
than, the level of safety that would be achieved absent the exemption.

VI. Exemption

    FMCSA grants an exemption for a period of five years subject to the 
terms and conditions of this decision. The exemption from the 
requirements of 49 CFR 395.3(a)(2), 49 CFR 395.3(b)(1), and 49 CFR 
395.3(b)(2) is effective from March 4, 2025, through March 4, 2030, 
11:59 p.m. local time.

A. Applicability of Exemption

    This exemption is restricted to individuals employed by R.J. Corman 
and Cranemasters while driving CMVs to the site of an ``unplanned 
event'' which includes the following:
     a derailment;
     a rail failure or other report of a dangerous track 
condition;
     a track occupancy light;
     a disruption to the electric propulsion system;
     a bridge-strike;
     a disabled vehicle on the train tracks;
     a train collision;
     weather- and storm-related events, including fallen trees 
and other debris on the tracks, snow, extreme cold or heat, rock and 
mud slides, track washouts, and earthquakes; and
     a matter concerning national security or public safety, 
including a blocked grade crossing.

B. Terms and Conditions

    1. When operating under this exemption, drivers:
     May extend the 14-hour duty period in 49 CFR 395.3(a)(2) 
to no more than 17 hours;
     May not exceed 11 hours of driving time, following 10 
consecutive hours off duty;
     May extend the 60- and 70-hour rule in 49 CFR 395.3(b) by 
no more than 6 hours; and
     May not travel more than 300 air miles from the normal 
work-reporting location or terminal.
    2. Drivers must comply with the applicable HOS limits after 
arriving at the site and drivers must record all time working to 
restore rail service as on duty, not driving time.
    3. Drivers may take advantage of the Agency's personal conveyance 
regulatory guidance when traveling between the unplanned event work 
site and nearby lodging or dining facilities (June 7, 2018; 83 FR 
26377). If that guidance is not applicable to the trip, CMV drivers who 
have reached the HOS limits must be transported from the work site by 
an individual who has not reached the HOS limits or use a vehicle that 
does not meet FMCSA's definition of a CMV (49 CFR 390.5) when they 
leave the site.
    4. Drivers must complete the Driver Education Module 3 and the 
Driver Sleep Disorders and Management Module 8 of the North American 
Fatigue Management Program (NAFMP) (www.nafmp.org) prior to operating 
under the exemption; and
    5. Motor carriers and drivers must comply with all other provisions 
of the Federal Motor Carrier Safety Regulations.

C. Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation applicable to interstate commerce that 
conflicts with or is inconsistent with this exemption with respect to a 
firm or person operating under the exemption. States may, but are not 
required to, adopt the same exemption with respect to operations in 
intrastate commerce.

D. Notification to FMCSA

    R.J. Corman and Cranemasters must notify FMCSA within five business 
days of any crash (as defined in 49 CFR 390.5) involving any of their 
CMVs operating under the terms of the exemption. The notification must 
include the following information:
    1. Identity of Exemption: ``R.J. Corman/Cranemasters'';
    2. Name of operating carrier and USDOT number;
    3. Date of the crash;
    4. City or town, and State, in which the accident occurred, or 
closest to the accident occurred, or closest to the crash scene;
    5. Driver's name and license number;
    6. Co-driver's name (if any) and license number;
    7. Vehicle number and State license number;
    8. Number of individuals suffering physical injury;
    9. Number of fatalities;
    10. The police-reported cause of the crash, if provided by the 
enforcement agency;
    11. Whether the driver was cited for violation of any traffic laws 
or motor carrier safety regulations; and
    12. The total on-duty time accumulated during the 7 consecutive 
days prior to the date of the crash, and the total on-duty time and 
driving time in the work shift prior to the crash. R.J. Corman and 
Cranemasters must provide a copy of the driver's records of duty status 
for the day of the crash and the prior 7 days upon request.
    Reports filed under this provision shall be emailed to 
[email protected].

E. Termination

    FMCSA does not believe the drivers covered by this exemption will 
experience any deterioration of their safety record. However, the 
exemption will be rescinded if (1) R.J Corman, Cranemasters, or the 
drivers operating under the exemption fail to comply with the terms and 
conditions of the exemption; (2) the exemption has resulted in a lower 
level of safety than was maintained before it was granted; or (3) 
continuation of the exemption would not be consistent with the goals 
and objects of 49 U.S.C. 31136(e) and 31315(b).
    Interested parties possessing information that would otherwise show 
that the exemption has resulted in a lower level of safety than what 
would be observed absent the exemptions should immediately notify FMCSA 
at [email protected]. The Agency will evaluate any information submitted 
and, if safety is being compromised or if the continuation of this 
exemption is inconsistent with 49 U.S.C. 31315(b)(4),

[[Page 34958]]

FMCSA will immediately take steps to revoke the exemption.

Sue Lawless,
Assistant Administrator.
[FR Doc. 2025-13961 Filed 7-23-25; 8:45 am]
BILLING CODE 4910-EX-P