Notice2025-22362
Hours of Service of Drivers: Application for Exemption; Northern Clearing, Inc.
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 9, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to deny the application from Northern Clearing, Inc., requesting an exemption from the hours-of- service (HOS) maximum driving time limits for drivers of property- carrying commercial motor vehicles (CMV). The company requested this exemption to support its work providing restoration, clean up, and re- construction services in areas effected by Hurricane Helene. FMCSA analyzed the application and public comments and determined that the exemption would not 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 234 (Tuesday, December 9, 2025)</title>
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[Federal Register Volume 90, Number 234 (Tuesday, December 9, 2025)]
[Notices]
[Pages 57126-57127]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-22362]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2025-0093]
Hours of Service of Drivers: Application for Exemption; Northern
Clearing, Inc.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; denial of application for
exemption.
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SUMMARY: FMCSA announces its decision to deny the application from
Northern Clearing, Inc., requesting an exemption from the hours-of-
service (HOS) maximum driving time limits for drivers of property-
carrying commercial motor vehicles (CMV). The company requested this
exemption to support its work providing restoration, clean up, and re-
construction services in areas effected by Hurricane Helene. FMCSA
analyzed the application and public comments and determined that the
exemption would not likely achieve a level of safety that is equivalent
to, or greater than, the level that would be achieved absent such
exemption.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division, Office of Carrier, Driver and Vehicle
Safety Standards; <a href="/cdn-cgi/l/email-protection#99e9fcf8ebf5f0fcb7ebf6fbf0f7eaf6f7d9fdf6edb7fef6ef"><span class="__cf_email__" data-cfemail="28584d495a44414d065a474a41465b4746684c475c064f475e">[email protected]</span></a>. If you have questions on
viewing or submitting material to the docket, contact Docket Services
via telephone at (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-2025-0093/document">https://www.regulations.gov/docket/FMCSA-2025-0093/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 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
[[Page 57127]]
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), a property carrying commercial motor vehicle
(CMV) driver may not drive without first taking 10 consecutive hours
off duty. Additionally, the driver may only drive a total of 11 hours
during a period of 14 consecutive hours after coming on duty following
10 consecutive hours off duty. 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 a consecutive 30-minute interruption in driving status. The
30-minute break may be taken as off-duty, on-duty/not-driving, or
sleeper-berth time, or any combination thereof. Under 49 CFR 395.3(b),
no motor carrier shall permit or require a driver of a property-
carrying 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 having been on duty 70 hours in any
period of 8 consecutive days.
The HOS regulations contain an exception for drivers of utility
service vehicles in 49 CFR 391.1(n). Utility service vehicles are
defined in 49 CFR 395.2 to include any CMV used to support the repair,
maintenance, or operation of structures and physical facilities
necessary for the delivery of public utility services.
Applicant's Request
Northern Clearing's application for exemption was described in
detail in a Federal Register notice on May 12, 2025, (90 FR 20204) and
will not be repeated, as the facts have not changed.
IV. Public Comments
The Agency received two comments. Michael Millard opposed granting
the exemption and wrote, ``Based on the applicants' CSA scores there
are some issues with safety management; therefore, I am requesting the
application from Part Sec. 395 be denied.'' Kelly Moore submitted
comments that were unrelated to the exemption application.
V. FMCSA Decision
FMCSA evaluated Northern Clearing's application and public comments
and denies the exemption request. The applicant wants relief from the
HOS regulations to provide support for the restoration, clean-up, and
re-construction of areas affected by Hurricane Helene. Although
Northern Clearing stated its intent is to ``mirror Utility Services
Exemption requirements,'' it did not explain why it should be treated
the same as the utility service vehicle drivers or how its operations
would likely achieve an equivalent level of safety with the applicable
HOS rules. Utility service vehicles, as defined in the note to 49
U.S.C. 31136 and 49 CFR 395.2, are provided statutory relief from the
HOS regulations, and Northern Clearing has not demonstrated that it
would achieve the equivalent level of safety simply by comparing itself
to such vehicles. Based on the application Northern Clearing submitted,
FMCSA lacks information to conclude that the requested exemption would
likely achieve a level of safety equivalent to, or greater than, the
level achieved under current regulations.
The Agency issued an Emergency Declaration from October 4, 2024, to
October 27, 2024, to address the immediate needs of the areas affected
by Hurricane Helene. Though the emergency relief was extended for
certain States, it expired for all affected areas by December 26, 2024.
After the expiration of the declaration, motor carriers engaged in the
long-term recovery of these communities are expected to comply with the
HOS rules.
For the above reasons, the Northern Clearing's exemption
application is denied.
Derek Barrs,
Administrator.
[FR Doc. 2025-22362 Filed 12-8-25; 8:45 am]
BILLING CODE 4910-EX-P
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