Notice2025-13961
Hours of Service of Drivers: R.J. Corman Railroad Services, Cranemasters, Inc., and National Railroad Construction and Maintenance Association, Inc.
Primary source
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Published
July 24, 2025
Effective
March 4, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 90 Issue 140 (Thursday, July 24, 2025)</title>
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[Federal Register Volume 90, Number 140 (Thursday, July 24, 2025)]
[Notices]
[Pages 34956-34958]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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; <a href="/cdn-cgi/l/email-protection#37755245595653524343521940565b5c52457753584319505841"><span class="__cf_email__" data-cfemail="3e7c5b4c505f5a5b4a4a5b10495f52555b4c7e5a514a10595148">[email protected]</span></a>. 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 <a href="https://www.regulations.gov/docket/FMCSA-2019-0056/document">https://www.regulations.gov/docket/FMCSA-2019-0056/document</a> 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:
<bullet> a derailment;
<bullet> a rail failure or other report of a dangerous track
condition;
<bullet> a track occupancy light;
<bullet> a disruption to the electric propulsion system;
<bullet> a bridge-strike;
<bullet> a disabled vehicle on the train tracks;
<bullet> a train collision;
<bullet> 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
<bullet> a matter concerning national security or public safety,
including a blocked grade crossing.
B. Terms and Conditions
1. When operating under this exemption, drivers:
<bullet> May extend the 14-hour duty period in 49 CFR 395.3(a)(2)
to no more than 17 hours;
<bullet> May not exceed 11 hours of driving time, following 10
consecutive hours off duty;
<bullet> May extend the 60- and 70-hour rule in 49 CFR 395.3(b) by
no more than 6 hours; and
<bullet> 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) (<a href="http://www.nafmp.org">www.nafmp.org</a>) 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
<a href="/cdn-cgi/l/email-protection#377a746764737773786319707861"><span class="__cf_email__" data-cfemail="78353b282b3c383c372c563f372e">[email protected]</span></a>.
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 <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="6a27293a392e2a0e051e440d051c">[email protected]</a>. 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
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.