Notice2025-21936
Hours of Service of Drivers: Specialized Carriers & Rigging Association (SC&RA); Application for Renewal of Exemption
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 4, 2025
Effective
June 17, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its final decision to renew the exemption from the minimum 30-minute rest break provision of the Agency's hours-of- service (HOS) regulations requested by the Specialized Carriers & Rigging Association (SC&RA) for certain commercial motor vehicle (CMV) drivers. The exemption covers drivers for all specialized carriers transporting loads that exceed normal weight and dimensional limits-- oversize (OS) or overweight (OW) loads or both--and require a permit issued by a government authority. FMCSA has analyzed the exemption application and the public comments and has determined that the exemption, subject to the terms and conditions imposed, will likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.
Full Text
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<title>Federal Register, Volume 90 Issue 231 (Thursday, December 4, 2025)</title>
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[Federal Register Volume 90, Number 231 (Thursday, December 4, 2025)]
[Notices]
[Pages 55970-55972]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21936]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0420]
Hours of Service of Drivers: Specialized Carriers & Rigging
Association (SC&RA); Application for Renewal of Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; renewal of exemption.
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SUMMARY: FMCSA announces its final decision to renew the exemption from
the minimum 30-minute rest break provision of the Agency's hours-of-
service (HOS) regulations requested by the Specialized Carriers &
Rigging Association (SC&RA) for certain commercial motor vehicle (CMV)
drivers. The exemption covers drivers for all specialized carriers
transporting loads that exceed normal weight and dimensional limits--
oversize (OS) or overweight (OW) loads or both--and require a permit
issued by a government authority. FMCSA has analyzed the exemption
application and the public comments and has determined that the
exemption, subject to the terms and conditions imposed, will likely
achieve a level of safety that is equivalent to, or greater than, the
level that would be achieved absent such exemption.
DATES: This renewed exemption is effective from June 17, 2025, and
expires on June 17, 2030.
FOR FURTHER INFORMATION CONTACT: Pearlie Robinson, Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; FMCSA; (202) 913-0704; <a href="/cdn-cgi/l/email-protection#a7d7c2c6d5cbcec289d5c8c5cec9d4c8c9e7c3c8d389c0c8d1"><span class="__cf_email__" data-cfemail="a5d5c0c4d7c9ccc08bd7cac7cccbd6cacbe5c1cad18bc2cad3">[email protected]</span></a>. If you have
questions on viewing or submitting material to the docket, contact
Dockets Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
[[Page 55971]]
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-2014-0420/document">https://www.regulations.gov/docket/FMCSA-2014-0420/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 20590-0001,
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. 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 analyses. The Agency must also provide an
opportunity for public comment on the request.
The Agency reviews the application, safety analyses and public
comments 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 49 U.S.C.
31315(b)(1). The Agency must publish the 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 and the
effective period and will explain 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)(3)(ii), driving is not permitted if more than
8 hours of driving time have passed without at least one consecutive
30-minute interruption in driving status. A consecutive 30-minute
interruption may be satisfied either by off-duty, sleeper berth, or on-
duty not driving time, or by a combination of off-duty, sleeper berth,
and on-duty not driving time.
Application for Renewal of Exemption
FMCSA announced the renewal application from SC&RA and
provisionally renewed the exemption for 6 months in a Federal Register
notice published on June 20, 2025 (90 FR 26405). The renewal
application was described in detail in that notice and that summary
will not be repeated here, as the facts have not changed.
IV. Public Comments
The Agency received 15 comments; 11 supported granting the
exemption, 3 opposed the exemption, and one commenter neither supported
nor opposed the exemption. Technical Trooper Nick Wright of the Kansas
State Patrol, Rex Railsback and Lee and Lisa Schmitt, supported the
exemption and recommended that FMCSA clarify the applicability of the
exemption.
Specifically, Technical Trooper Nick Wright noted, ``Since the
inception of this initial exemption, there has been confusion among law
enforcement based on the wording of the exemption.'' Trooper Wright
continued, ``The summary makes a requirement for loads to be BOTH
oversize AND overweight to be afforded this exemption. Many loads are
over dimension (height, width, length) but are NOT overweight. As such,
a strict reading of the exemption would preclude a driver from using
this 30-minute interruption of driving exemption.''
Rex Railsback and Lee and Lisa Schmitt supported the same
clarification. Lee and Lisa Schmitt added, ``This exemption has been in
effect for over TEN years with no adverse effects. It should be
continued for another five years. Oversized carriers deal with curfews
and daylight restrictions in many states. Finding a safe place to park
for 30 minutes is usually difficult.''
Opposing comments stated that all drivers should be subject to the
30-minute rest requirement and that not taking the break is unsafe.
Ross Tennison said, ``I believe that there should be no more exemptions
allowed until the entire HOS regulations are redone.'' An anonymous
individual stated, ``I recommend no exemption to providing 30-minute
rest break for carriers, drivers, and riggers. It is unsafe not to
provide rest.'' Another anonymous individual wrote, ``If oversize
truckers do not have to take a 30-minute break, then no driver should
be required to take a 30-minute break.''
Jason Griffin recommended that FMCSA remove the 30-minute break
requirement entirely ``and add more drive time to hours of service.''
V. Agency Decision
FMCSA has evaluated SC&RA's application and the public comments. In
response to the commenters recommending that FMCSA clarify the
applicability of the exemption, FMCSA notes that this exemption applies
to interstate carriers transporting loads that are oversize,
overweight, or both and require a permit issued by a government
authority. The Agency has given guidance on this issue on several
occasions, and it was the intent of the original exemption to apply to
loads that were oversize, overweight, or both. The Agency believes
finding suitable parking for trucks with OS/OW loads is particularly
difficult, as SC&RA pointed out, and the default option is likely to be
parking on the shoulder of a highway, with the load sometimes extending
into the lanes of traffic.
FMCSA therefore concludes that renewing the exemption granted on
June 24, 2020, for another five years, under the terms and conditions
listed 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 Decision
FMCSA reaffirms its provisional decision to renew the 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)(3)(ii)
is effective June 17, 2025, through June 17, 2030, 11:59 p.m. local
time.
A. Applicability of Exemption
This exemption is applicable to drivers of specialized loads moving
in interstate commerce that exceed normal weight and dimensional
limits--oversize (OS) or overweight (OW) loads or both--and require a
permit issued by a government authority. These drivers are exempt from
the 30-minute rest break HOS regulations in Sec. 395.3(a)(3)(ii).
Drivers of loads not moving in interstate commerce are not eligible for
this exemption.
B. Terms and Conditions
1. When operating under this exemption, drivers must have a copy of
this exemption document in their possession. The exemption document
must be presented to law enforcement officials upon request.
2. Any motor carrier utilizing this exemption must notify FMCSA
within 5 business days of any positive drug or alcohol tests, or
accident (as defined in 49 CFR 390.5) involving any of the motor
carrier's CMVs operating under the terms of this exemption. The
[[Page 55972]]
notification must include the following information:
1. Identifier of the Exemption: ``SC&RA,''
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 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,
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.
Reports filed under this provision shall be emailed to
<a href="/cdn-cgi/l/email-protection#79343a292a3d393d362d573e362f"><span class="__cf_email__" data-cfemail="2f626c7f7c6b6f6b607b01686079">[email protected]</span></a>.
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. Termination
FMCSA does not believe the drivers or the motor carriers covered by
this exemption will experience any deterioration of their safety
records. However, the exemption will be rescinded if: (1) SC&RA or the
driver 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).
Derek Barrs,
Administrator.
[FR Doc. 2025-21936 Filed 12-3-25; 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.