SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

To view any documents mentioned as being available in the docket, go to www.regulations.gov/​docket/​FMCSA-2020-0171/​document 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 in the DOT West Building, 1200 New Jersey Avenue SE, W58-213, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

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 ( printed page 66615) (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), a driver may not drive after a period of 14 consecutive hours after coming on-duty following 10 consecutive hours off-duty. Under 49 CFR 395.3(b), no motor carrier shall permit or require a driver of a property-carrying commercial motor vehicle (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 70 hours in any period of 8 consecutive days.

Applicant's Request

The exemption application was described in detail in a Federal Register notice published on December 19, 2025 (90 FR 59648) and will not be repeated as the facts have not changed. FMCSA initially granted the exemption effective December 23, 2020, through December 18, 2025 (85 FR 84096). On December 19, 2025, FMCSA provisionally renewed the exemption for six months (90 FR 59648). FMCSA announced its decision to renew the exemption provisionally again for four months on June 24, 2026, stating that the Agency had requested additional information from the Associations (91 FR 38075). Specifically, FMCSA requested a list of the USDOT numbers that would be covered by the exemption, information on the frequency with which motor carriers had operated under the exemption, and the list of crashes involving any motor carriers operating under the exemption. The responses provided to FMCSA by the Associations on August 26, 2026 are available in the docket to this notice.

IV. Public Comments

The Agency received only one misfiled comment to the applicants' request for an exemption renewal. The misfiled comment was subsequently removed from the docket.

V. FMCSA Decision

The Agency has analyzed the exemption renewal application and believes there is a public interest in ensuring that railroads clear blocked tracks and rights-of-way and restore service as quickly as possible. The Agency conducted a comprehensive review of the safety performance history of each of the motor carriers included in the list submitted by the Associations on August 26, 2026. Of the 257 motor carriers in the list submitted by the Associations, 26 had inactive USDOT numbers. FMCSA therefore includes 231 motor carriers that may operate under this exemption in the Appendix attached to this notice.

The Agency does not believe the requested relief would compromise safety when used occasionally to respond to unplanned events. The exemption would enable the Associations' members to reach the site of such events within a limited distance from their drivers' normal work-reporting location and provide flexibility for the Associations to address urgent situations that disrupt rail services. Once the crews arrive at the scene, they must record all time working as on-duty, not driving time. When normal rail operations have been restored, drivers would be required to comply with the HOS requirements during the return trip.

The Agency has modified the terms and conditions of this exemption from the original exemption to narrow the circumstances under which the exemption may be used. Specifically, eligible “unplanned events” are limited to events affecting the main track. This modified list of unplanned events aligns more closely with the emergency provisions applicable to train employees under the Federal Railroad Administration's hours-of-service requirements in 49 U.S.C. 21103(d).

Because the relief is limited to the trip to the scene of the unplanned event and such events would happen only occasionally and not a predicable number of times per week or per month, drivers would not operate CMVs after the 14th hour of coming on duty as a part of their planned schedules. Similarly, 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 believes 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.

VI. Exemption

A. Applicability of Exemption

This exemption is restricted to individuals employed by the 231 member railroads of the Associations listed in the Appendix to this decision while driving a CMV to the site of an “unplanned event.” Unplanned events are limited to the following events:

• A main track train derailment;
• A bridge strike affecting main track operations;
• A train collision occurring on main track;
• Weather- and storm-related events affecting main track operations including hurricanes, tornados, blizzards, rock and mudslides, track washouts, earthquakes, and wildfires.

B. Terms and Conditions of the Exemption

1. When operating under this exemption, drivers:

• May extend the 14-hour rule in § 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-hour/70-hour rule in § 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 hours-of-service (HOS) limits after arriving at the site, including that 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 (83 FR 26377 (June 7, 2018)). 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 390.5T) when they leave the site;

4. Drivers must complete the Driver Education Module 3 and the Driver Sleep Disorders and Management Module 7 of the North American Fatigue Management Program (NAFMP) ( www.nafmp.org) prior to operating under the exemption; railroads subject to the exemption could direct CMV drivers to the DOT's FRA website, the “Railroaders' Guide to Healthy Sleep” ( railroadersleep.fra.dot.gov/​) as an alternative resource if NAFMP's website is unavailable;

5. Motor carriers and drivers must comply with all other provisions of the Federal Motor Carrier Safety Regulations; ( printed page 66616)

6. Upon request, the Associations and their motor carrier members must provide to FMCSA a list detailing the frequency with which each motor carrier operated under the exemption, including the number of days, drivers, and CMVs for each motor carrier that used the exemption;

7. Motor carriers must maintain a record of when the exemption is used, along with the driver's records of duty status, supporting documents, and a description of the unplanned event that prompted use of this exemption and must provide those records to FMCSA upon request.

8. Notification to FMCSA. The Associations must notify FMCSA within five business days of any accident, as defined in 49 CFR 390.5T, involving any of the motor carrier's CMVs operating under the terms of this exemption. Reports filed under this provision shall be emailed to MCPSD@DOT.GOV. The notification must include the following information:

a. Identifier of the Exemption: “Association of American Railroads and American Short Line and Regional Railroad Association;”

b. Name of operating carrier and USDOT number;

c. Date of the crash;

d. City or town, and State, in which the accident occurred, or closest to the crash scene;

e. Driver's name and license number;

f. Co-driver's name (if any) and license number;

g. Vehicle number and State license number;

h. Number of individuals suffering physical injury;

i. Number of fatalities;

j. The police-reported cause of the crash, if provided by the enforcement agency;

k. Whether the driver was cited for violation of any traffic laws or motor carrier safety regulations; and

l. The total on-duty time accumulated during the seven 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.

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 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 covered by this exemption will experience any deterioration in their safety performance. However, the exemption will be rescinded if: (1) the Associations 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 objectives of 49 U.S.C. 31136(e) and 31315(b).

Appendix to Hours of Service of Drivers: Association of American Railroads and American Short Line and Regional Railroad Association; Application for Exemption Renewal

91 FR 66614