Regulatory Alert
Regional Hours of Service Waiver Extension and Modification for Heating and Transportation Fuels
EMA Regulatory Counsel Contacts: Jeff Leiter and Jorge Roman
Monday, January 27, 2025 –
The Federal Motor Carrier
Safety Administration (FMCSA) has granted an
extension AND modification of the January 10
multistate Hours of Service (HOS) waiver for
heating fuels, including heating oil, propane,
and natural gas. The extension of the regional
waiver for heating fuels now will be in effect
through February 15, 2025, or the end of the
emergency, whichever is earlier. The
modification also includes the addition of
GASOLINE and DIESEL FUEL to the waiver and the
end of the HOS waiver in nine States.
The original regional waiver, which was set to
expire on January 31, 2025, included the 48
lower states and the District of Columbia, and
was based on distribution issues caused by the
ongoing extreme cold weather event. FMCSA’s HOS
waiver was for direct assistance in interstate
transportation of heating fuels incident to the
immediate restoration of essential supplies or
services. The modified waiver now adds gasoline
and diesel fuel, effective immediately.
However, based on FMCSA’s extension and
modification, after January 31, 2025, the HOS
waiver will not apply in
Illinois, Indiana, Iowa, Kansas, Michigan,
Minnesota, Missouri, Nebraska and Ohio.
Important: The FMCSA waiver covers
interstate shipment of heating fuels, gasoline
and diesel fuel in and out of the jurisdictions
listed in the waiver declaration.
Important: Further, FMCSA’s HOS waiver does not
cover intrastate only shipments (deliveries
that stay within the boundaries of a single
state). State governors must issue waivers for
intrastate shipments within their boundaries.
All the state emergency declarations can be
viewed on
https://www.fmcsa.dot.gov/emergency-declarations.
Click
here to review and download FMCSA’s HOS
waiver. Contact Sherri Stone
(sstone@emamerica.org) or EMA
Regulatory Counsel
(jleiter@bmalaw.net) with any
questions.
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