[Federal Register Volume 90, Number 45 (Monday, March 10, 2025)]
[Notices]
[Pages 11642-11644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03764]
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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), Department
of Transportation (DOT).
ACTION: Notice of provisional renewal of exemption; request for
comments.
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SUMMARY: FMCSA announces its decision to provisionally renew for six
months the exemption requested by 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 requests public
comment on the application for exemption renewal.
DATES: This renewed exemption is effective March 4, 2025, and expires
on September 4, 2025. Comments must be received on or before April 9,
2025.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2019-0056 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: West Building, Ground Floor,
1200 New Jersey Avenue SE, Washington, DC 20590-0001 between 9 a.m. and
5 p.m. E.T., Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
for this notice (FMCSA-2019-0056). Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit the ground
level of the U.S. Department of Transportation, West Building, at 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.
Privacy Act: In accordance with 49 U.S.C. 31315(b)(6), DOT solicits
comments from the public on the exemption renewal request. 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), which can be reviewed under the ``Department
Wide System of Records Notices'' at www.dot.gov/privacy/privacy-act-system-records-notices. The comments are searchable by the name of the
submitter and are posted without edit.
FOR FURTHER INFORMATION CONTACT: Bernadette Walker, Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; FMCSA; (202) 385-2415; [email protected]. If you
have questions on viewing or submitting material to the docket, contact
Dockets Operations, (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-2019-0056), indicate the specific section of this
document to which the comment applies, and provide a reason for
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 www.regulations.gov, insert
the docket number (FMCSA-2019-0056) in keyword box, and 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
[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
[[Page 11643]]
https://www.regulations.gov insert FMCSA-2019-0056 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 online 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 (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 analyses. The Agency must also provide
an opportunity for public comment on the request.
The Agency reviews the safety analyses and the 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)(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.
Application for Renewal of Exemption
R.J. Corman is a full-service railroad construction company,
Cranemasters is a railroad contractor, and the NRC is a trade
association for railroad contractors, suppliers, and the railroad and
rail transit construction industry. The applicants request a renewal of
their exemption from the Hours of Service (HOS) regulations for the
R.J. Corman and Cranemasters employees who use CMVs to transport
equipment used to clear derailed or disabled trains or debris blocking
tracks or railroad rights-of-way when responding to unplanned events
that affect interstate commerce, service, or the safety of railway
operations, including passenger rail operations.
The applicants assert in their original exemption application that
many unplanned events occur outside of normal business hours and in
many instances, the situation is locally contained. According to the
applicants, it would not be practical for a local government official
to declare an emergency that would exempt the applicants from the HOS
regulations, because (1) many unplanned events occur in remote
locations where it may not be clear who a railroad should contact to
declare an emergency; (2) more than half of unplanned event call times
typically occur between 4:00 p.m. and 7:00 a.m., including a large
number between midnight and 7:00 a.m., making it virtually impossible
for the railroads to contact an official to request an emergency
declaration before they request a contractor to respond to the
unplanned event; and (3) companies likely would not know if such an
emergency declaration had been made before they respond to a call from
a railroad.
The applicants compare the work of railroad employees responding to
an emergency to that of utility service employees responding to an
emergency situation. Utility service vehicles are exempt from the HOS
regulations under 49 CFR 395.1(n). According to the applicants, the
rationale for the utility service vehicle exemption applies with equal
force to railroad emergency response contractors when they respond to
unplanned events.
The applicants' current exemption applies to time spent by their
drivers driving to the site of the unplanned event. The term
``unplanned event'' includes: a derailment; a rail failure or other
report of dangerous track condition; a track occupancy light; a
disruption to the electric propulsion system; a bridge-strike; a
disabled vehicle on the track; a train collision; weather and storm-
related events; and a matter concerning national security or public
safety, including a blocked grade crossing.
A copy of the applicants' exemption renewal application is
available for review in the docket for this notice.
IV. Equivalent Level of Safety
To ensure an equivalent level of safety, the applicants require
drivers to stop operating a CMV after completing work until the drivers
obtain the required 10 hours or 34 hours of rest, depending on their
cumulative hours on duty for the day and week. The applicants list the
following steps taken to ensure that safety is not compromised:
Drivers will have at least one hour of lead time before
mobilizing equipment and actively begin driving;
During the one-hour lead time, drivers can participate in
stretching and light exercise to improve alertness prior to driving;
Drivers will drive in a convoy using escort vehicles in
the front and back;
Vehicles will be equipped with two-way radios and
supervisors conduct routine radio checks every 30 to 45 minutes
requiring response from drivers; and
Supervisors will train employees to recognize fatigue and
have a policy that no driver is required to drive a vehicle if feeling
fatigued.
Because the relief is limited to the trip to the scene of the
unplanned event and such events would 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. Similarly, drivers would not regularly
operate CMVs after accumulating on-duty time of 60 hours during seven
consecutive days, or 70 hours during eight consecutive days. Drivers'
standard schedules would include adherence to the 14-hour rule and
adherence to the 60- and 70-hour rules.
V. Grant of Provisional Renewal of Exemption
FMCSA provisionally renews the exemption for a period of six
months, subject to the terms and conditions of this decision. The
exemption from the requirements of 49 395.3(a)(2), 49 CFR 395.3(b)(1),
and 49 CFR 395.3(b)(2) is effective beginning March 4, 2025,
[[Page 11644]]
through September 4, 2025, 11:59 p.m. local time, unless revoked.
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:
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
mud slides, 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 duty period in 49 CFR 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- and 70-hour rule in 49 CFR 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 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 travelling 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 is not subject to HOS restrictions 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) (www.nafmp.org) 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 5 business
days of any accident (as defined in 49 CFR 390.5), involving any of the
motor carrier's CMVs operating under the terms of this exemption. The
notification must include the following information:
1. Identifier of the 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 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
[email protected].
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).
VI. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all persons interested in 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.
Adrienne E. Camire,
Acting Administrator.
[FR Doc. 2025-03764 Filed 3-7-25; 8:45 am]
BILLING CODE 4910-EX-P