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Friday,
October 2, 2026 – The Federal Motor Carrier Safety Administration (FMCSA) has finalized
a rule restoring the length of automatic emergency relief under 49
C.F.R. § 390.23(b) to 30 days. The rule reverses FMCSA’s October 2023
change, which shortened the period to 14 days. Relief is triggered by a
regional emergency declaration issued by a Governor, the Governor’s
authorized representative, or FMCSA. The rule takes effect upon
publication in the Federal Register on October 5, 2026. The
change comes as the heating season approaches.
The relief covers only drivers providing direct assistance in
response to the declared emergency and exempts them only from the
hours-of-service limits in 49 C.F.R. §§ 395.3 and 395.5. If the
emergency period ends in fewer than 30 days, the automatic relief ends
with it. Carriers may request extensions beyond 30 days under 49 C.F.R.
§ 390.25.
EMA filed comments supporting FMCSA’s change. EMA also urged the
Agency to issue guidance on preemptive declarations ahead of forecast
severe weather and to use its authority more proactively to promote
consistent relief across neighboring States. FMCSA declined to make
those changes in this rulemaking but said it would evaluate EMA’s
suggestions.
Petitions for reconsideration are due by November 4, 2026.
For questions, contact EMA regulatory counsel Jeffrey Leiter (jleiter@bmalaw.net) or Jorge Roman
(jroman@bmalaw.net).
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