Notice2025-23063
Hours of Service of Drivers: Hulcher Services, Inc.; Application for Exemption
Primary source
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Published
December 17, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA requests public comment on Hulcher Services, Inc.'s (Hulcher) application for a limited exemption from the hours-of-service (HOS) requirements for drivers of property-carrying commercial motor vehicles (CMVs). The applicant requests the exemption to enable its employees to respond to railroad emergencies that occur outside of, or extend beyond, their normal work hours.
Full Text
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<title>Federal Register, Volume 90 Issue 240 (Wednesday, December 17, 2025)</title>
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[Federal Register Volume 90, Number 240 (Wednesday, December 17, 2025)]
[Notices]
[Pages 58804-58805]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-23063]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2025-1018]
Hours of Service of Drivers: Hulcher Services, Inc.; Application
for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA requests public comment on Hulcher Services, Inc.'s
(Hulcher) application for a limited exemption from the hours-of-service
(HOS) requirements for drivers of property-carrying commercial motor
vehicles (CMVs). The applicant requests the exemption to enable its
employees to respond to railroad emergencies that occur outside of, or
extend beyond, their normal work hours.
DATES: Comments must be received on or before January 16, 2026.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2025-1018 by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. See the
Public Participation and Request for Comments section below for further
information.
<bullet> Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
<bullet> 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., Monday through Friday, except Federal holidays.
<bullet> Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2025-1018) for this notice. Note that DOT posts all comments
received without change to <a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal
information included 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system of records
notice DOT/ALL-14 FDMS (Federal Docket Management System (FDMS)), which
can be reviewed at <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>. 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; (771) 216-2436; or <a href="/cdn-cgi/l/email-protection#cab8a3a9a2abb8aee4a9a6afa7afa4beaf8aaea5bee4ada5bc"><span class="__cf_email__" data-cfemail="0d7f646e656c7f69236e616860686379684d696279236a627b">[email protected]</span></a>.
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-2025-1018), 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 <a href="https://www.regulations.gov/docket/FMCSA-2025-1018/document">https://www.regulations.gov/docket/FMCSA-2025-1018/document</a>, 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 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 <a href="/cdn-cgi/l/email-protection#e587978c848bcb82cb81848d898c8ba5818a91cb828a93"><span class="__cf_email__" data-cfemail="0c6e7e656d62226b22686d646065624c686378226b637a">[email protected]</span></a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, insert FMCSA-2025-1018 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
[[Page 58805]]
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. Applicant's Request
Current Regulatory Requirements
Under 49 CFR 395.3(a)(2), drivers of property-carrying CMVs 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), such 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), such 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.
Applicant's Request
Hulcher is a nationwide emergency response provider to the railroad
industry, with 27 strategically placed divisions and a workforce
trained to rapidly mobilize equipment and personnel to address
derailments, natural disasters, and other critical disruptions to rail
infrastructure. Hulcher drivers transport heavy recovery equipment such
as side-booms, grapple trucks, rollbacks, service trucks, and other
CMVs needed to restore normal rail operations following a derailment or
related incident.
Hulcher requests the same exemption that FMCSA granted to R.J
Corman and Cranemasters, Inc., et al. (RJ Corman) [85 FR 12818, Mar. 4,
2020]. That exemption was renewed on July 24, 2025 [90 FR 34956]. Both
the 2020 decision and the 2025 decision have been included in the
docket for this exemption request. Hulcher believes it performs the
same essential services to the railroad industry and the public as RJ
Corman. The requested exemption would apply to Hulcher's fleet of CMVs
and approximately 350 driver employees. Hulcher requests relief from
the HOS requirements in 49 CFR part 395 when a driver is dispatched in
response to a railroad's request to assist in clearing disabled or
derailed trains, debris, or hazards that block railroad rights-of-way.
According to Hulcher, unplanned events requiring response frequently
occur outside normal business hours, including late night and early
morning callouts, and the events are often in remote areas where no
Federal or State emergency declaration has been issued. According to
the applicant, ``without the exemption drivers will not be able to
transport equipment due to exceeding the 14-hour driving ``window'' or
70-hour weekly limits, despite being the only qualified operators
available.''
Applicant's Equivalent Level of Safety
Hulcher believes the exemption would not compromise safety, as the
company claims to maintain a documented fatigue management policy,
enforce pre-dispatch rest periods, and equip each Division with on-site
supervisors to monitor driver alertness. Hulcher states that its
drivers never return to a home terminal or operate CMVs post-
restoration of rail service without receiving the required off-duty
hours under the Federal HOS rules. Hulcher further implements the
following measures to mitigate fatigue and risk during emergency
responses: (1) all drivers receive a minimum one-hour lead time prior
to mobilization; (2) field supervisors conduct verbal readiness checks
and ensure vehicle inspections prior to dispatch; and (3) drivers are
explicitly authorized to decline driving assignments if fatigued, and
backup operators are dispatched when necessary. Hulcher further adds
that its drivers record all time spent at incident sites as on-duty
(not driving) time, and no driver is permitted to operate a CMV after
completing field work until the required 10 or 34 hours of off-duty
rest has been satisfied.
A copy of Hulcher's application for exemption is available for
review in the docket for this notice.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on Hulcher's application for an
exemption from the HOS regulations in 49 CFR part 395. 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.
Larry W. Minor,
Associate Administrator of Policy.
[FR Doc. 2025-23063 Filed 12-16-25; 8:45 am]
BILLING CODE 4910-EX-P
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