[Federal Register Volume 90, Number 242 (Friday, December 19, 2025)]
[Notices]
[Pages 59648-59650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-23479]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2020-0171]
Hours of Service of Drivers: Association of American Railroads
and American Short Line and Regional Railroad Association; Application
for Exemption Renewal
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of provisional renewal of exemption; request for
comments.
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SUMMARY: FMCSA announces its decision to renew provisionally for six
months the exemption requested by the Association of American Railroads
and the American Short Line and Regional Railroad Association and
member railroads (collectively ``the Associations'') from the
prohibitions against driving after the 14th hour from the beginning of
the work shift (the 14-hour rule) and against driving after
accumulating 60 hours of on duty time within 7 consecutive days, or 70
hours of on duty time within 8 consecutive days (the 60-hour/70-hour
rule). The exemption will enable the employees of the Associations'
member railroads, subject to the hours-of-service (HOS) rules, to
respond to unplanned events that occur outside of, or extend beyond, an
employee's normal work hours. The Associations are seeking a five-year
renewal of this exemption. FMCSA requests public comment on the
application for exemption renewal.
DATES: The provisional renewal of the exemption is effective from
December 18, 2025, and expires on June 18, 2026. Comments must be
received on or before January 20, 2026.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2020-0171 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, West Building, Ground Floor,
Washington, DC 20590-0001.
Hand Delivery or Courier: 1200 New Jersey Avenue SE, West
Building, Ground Floor, Washington, DC 20590-0001, between 9 a.m. and 5
p.m. ET, Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2020-0171) for this notice. Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information provided 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: Mr. Richard Clemente, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA; [email protected]. 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-2020-0171), 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-2020-0171/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
[[Page 59649]]
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 [email protected]. 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-2020-0171 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 Docket
Operations on the ground floor of the DOT West Building, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m.
ET, 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. 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
notice of its decision in the Federal Register (49 CFR 381.315(b)). If
granted, the notice will identify the regulatory provision(s) 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), a driver may not drive after a period of
14 consecutive hours after coming on-duty following 10 consecutive
hours off-duty.
Under 49 CFR 395.3(b), no motor carrier shall permit or require a
driver of a property-carrying commercial motor vehicle (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 70 hours in any period of 8 consecutive days.
Application for Renewal of Exemption
The Associations seek a renewal of the exemption from 49 CFR
395.3(a)(2) and (b). The Associations believe the HOS prohibitions in
the 14-hour rule and the 60-hour/70-hour rule inhibit a railroad's
ability to respond expeditiously to certain types of emergency
situations. The Associations request that a railroad employee
responding to an unplanned event that affects railroad operations
(including passenger rail operations) and that occurs outside of, or
extends beyond, the employee's normal shift, be exempt from these
requirements. Unplanned events include: a derailment; a rail failure or
other report of dangerous track condition; a disruption to the electric
propulsion system; a bridge strike; a disabled vehicle on the track; a
train collision; weather- and storm-related events; a matter of
national security; a matter concerning public safety; and a blocked
grade crossing.
The exemption renewal request mirrors the request submitted by R.J.
Corman Railroad Services, Cranemasters, Inc., and the National Railroad
Construction and Maintenance Association, Inc., which FMCSA granted on
March 4, 2020 (85 FR 12818) and renewed effective March 4, 2025, for
five years (90 FR 34956). The exemption renewal request provides that,
while operating under this exemption, drivers and carriers would be
allowed to extend the 14-hour rule in Sec. 395.3(a)(2) to no more than
17 hours; would not be allowed to exceed 11 hours of driving time
following 10 consecutive hours off-duty; would be allowed to extend the
60-hour/70-hour rule in Sec. 395.3(b) by no more than 6 hours; and,
drivers would not be allowed to travel more than 300 air miles from
their normal work-reporting location or terminal.
In addition, drivers covered by the exemption renewal would comply
with the applicable HOS limits after arriving at the site and would
record all time working to restore rail service as on-duty, not driving
time. Drivers would also have the benefit of FMCSA's personal
conveyance guidance when travelling between the unplanned event work
site and nearby lodging or dining facilities. To the extent that
guidance is not applicable, CMV drivers who have reached the HOS limits
would be transported from the work site after onsite duties are
completed by an individual who is not subject to HOS restrictions, or
would use a vehicle that does not meet FMCSA's definition of a CMV in
49 CFR 390.5T.
Applicant's Equivalent Level of Safety
The Associations state that drivers operating under the exemption
would receive resources on fatigue management appropriate to the rail
working environment and emergency response to unplanned events.
Specifically, drivers would complete the Driver Education Module 3 and
Driver Sleep Disorders and Management Module 7 of the North American
Fatigue Management Program (NAFMP) or would refer to the
Federal Railroad Administration's (FRA) website, the ``Railroaders'
Guide to Healthy Sleep'' (https://railroadersleep.fra.dot.gov/), as an
alternative resource on strategies and resources to help railroad
employees manage fatigue. The Associations request that the exemption
be renewed for five years. The exemption would cover approximately
20,000 drivers and 11,000 CMVs.
A copy of the exemption application is available for review in the
docket for this notice.
IV. Grant of Provisional Renewal of Exemption
FMCSA determined in 2020 that the exemption, subject to the terms
and conditions imposed, would likely achieve a level of safety that is
equivalent to the level that would be achieved absent such exemption.
The Agency does not believe the requested relief would compromise
safety when used occasionally to respond to unplanned events while the
Agency seeks comment, and issues a final decision, on the renewal
request.
FMCSA provisionally renews the exemption for a period of six
months, subject to the terms and conditions outlined below. The
exemption from the prohibitions in the 14-hour rule and the
[[Page 59650]]
60-hour/70-hour rule is effective from December 18, 2025 through June
18, 2026, 11:59 p.m. local time, unless revoked.
A. Applicability of Exemption
This exemption is restricted to individuals employed by the member
railroads of the Associations 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
mudslides, 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 and carriers:
May extend the 14-hour rule in Sec. 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-hour/70-hour rule in Sec. 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, including that 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 (83 FR 26377 (June 7,
2018)). 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 is not subject to HOS restrictions or use a vehicle
that does not meet FMCSA's definition of a CMV (49 CFR 390.5T) when
they leave the site;
4. Drivers must complete the Driver Education Module 3 and the
Driver Sleep Disorders and Management Module 7 of the NAFMP
(www.nafmp.org) prior to operating under the exemption; railroads
subject to the exemption could direct CMV drivers to the DOT's FRA's
website, the ``Railroaders' Guide to Healthy Sleep (https://railroadersleep.fra.dot.gov/) as an alternative resource if NAFMP's
website is unavailable;
5. Motor carriers and drivers must comply with all other provisions
of the Federal Motor Carrier Safety Regulations;
6. Upon request, the Associations must provide to FMCSA a list of
the U.S. Department of Transportation (USDOT) numbers of motor carriers
operating under this exemption; and
7. Notification to FMCSA. The Associations must notify FMCSA within
five business days of any accident, as defined in 49 CFR 390.5T,
involving any of the motor carrier's CMVs operating under the terms of
this exemption. Reports filed under this provision shall be emailed to
[email protected]. The notification must include the following information:
a. Identifier of the Exemption: ``The Associations;''
b. Name of operating carrier and USDOT number;
c. Date of the crash;
d. City or town, and State, in which the accident occurred, or
closest to the crash scene;
e. Driver's name and license number;
f. Co-driver's name (if any) and license number;
g. Vehicle number and State license number;
h. Number of individuals suffering physical injury;
i. Number of fatalities;
j. The police-reported cause of the crash, if provided by the
enforcement agency;
k. Whether the driver was cited for violation of any traffic laws
or motor carrier safety regulations; and
l. The total on-duty time accumulated during the seven 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.
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 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. Termination
FMCSA does not believe the drivers covered by this exemption will
experience any deterioration in their safety performance. However, the
exemption will be revoked if: (1) the Associations 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 objectives of 49 U.S.C. 31136(e) and 31315(b).
V. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on the application for an exemption
renewal. 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.
Derek Barrs,
Administrator.
[FR Doc. 2025-23479 Filed 12-18-25; 8:45 am]
BILLING CODE 4910-EX-P