Regulatory Alert

Regional Hours of Service Waiver Extended Due to Ongoing Winter Storms

Tuesday, February 3, 2026 - The Federal Motor Carrier Safety Administration (FMCSA) has extended the 40-state regional emergency declaration in response to ongoing impacts of severe winter storms and below normal temperatures across much of the United States. This extension continues to grant an Hours of Service (HOS) waiver for motor carriers transporting essential goods and services, including fuel, until the end of the emergency or through 12:59 PM (ET) February 20––whichever is earlier.

Scope of the Extended Declaration

The extended declaration applies to 40 states and jurisdictions, including:
ALABAMA, ARKANSAS, COLORADO, CONNECTICUT, DELAWARE, DISTRICT OF COLUMBIA, FLORIDA, GEORGIA, ILLINOIS, INDIANA, IOWA, KANSAS, KENTUCKY, LOUISIANA, MARYLAND, MASSACHUSETTS, MICHIGAN, MISSISSIPPI, MINNESOTA, MISSOURI, MONTANA, NEBRASKA, NEW HAMPSHIRE, NEW JERSEY, NEW YORK, NORTH CAROLINA, NORTH DAKOTA, OHIO, OKLAHOMA, PENNSYLVANIA, RHODE ISLAND, SOUTH CAROLINA, SOUTH DAKOTA, TENNESSEE, TEXAS, VERMONT, VIRGINIA, WEST VIRGINIA, WISCONSIN, AND WYOMING.

The declaration waives HOS requirements for the interstate transportation of all fuels as essential supplies, including but not limited to:

• Gasoline

• Diesel (including diesel used to fuel generators and snow removal equipment)

• Kerosene

• Jet fuel

• Diesel additives

• Heating fuels and heating oils

• Propane

Important: the FMCSA waiver applies to the interstate transportation of fuel into and out of the covered states and jurisdictions. The relief remains in effect even when vehicles travel through states not listed in the declaration, provided the shipment is destined for a covered state. However, the waiver does not apply to intrastate-only shipments, meaning deliveries that occur entirely within a single state.

Important: This relief ends when a driver or vehicle is dispatched to resume normal commercial operations unrelated to the emergency. Drivers transitioning from emergency relief to normal operations must take a required rest break—10 hours for property carriers—once applicable duty-hour thresholds are met.

Full declaration: https://www.fmcsa.dot.gov/emergency/esc-msc-ssc-wsc-extension-regional-emergency-declaration-no-2026-001-02-03-2026

The Energy Marketers of America will continue to work closely with FMCSA, the Department of Energy (DOE), the Department of Homeland Security (DHS), FEMA, and other federal agencies to support emergency preparedness efforts and to address any issues that arise in response to the recent winter storms.