A major winter storm hit most of the U.S. this weekend, bringing significant snowfall along with extreme cold and wind chills in the negative degrees. The cold is expected to linger with no significant thaw anticipated in the near term. While storm impacts may vary, it is important that heating fuel and home comfort businesses prepare for any outcome.

Hours-of-Service Relief Currently in Effect
The Federal Motor Carrier Safety Association (FMCSA) has issued a Regional Declaration of Emergency covering interstate transportation of essential goods and services, including all fuels - gasoline, kerosene, diesel, jet fuel, diesel additives, heating fuels, and propane. The federal waiver including complete details of the FMCSA Regional Declaration of Emergency can be found here.

The Emergency Declaration is in effect in Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and West Virginia.

Please note: this waiver is in addition to the FMCSA Waiver issued last week, which extended its Northeast Regional Emergency Declaration granting hours of service relief for commercial motor vehicle drivers providing regulatory relief from 49 CFR § 395.3, maximum driving time for property-carrying vehicles transporting heating fuel including propane, natural gas, and heating oil. The hours-of-service relief is now in effect through February 15, 2026.

Several states have also reinstated, expanded, or extended their intrastate HOS waivers. See below, and check with your regional, state, or local association.

Reminder: Even under emergency HOS waivers, motor carriers cannot require or allow fatigued or ill drivers to operate commercial motor vehicles. Drivers requesting rest must be given at least 10 consecutive hours off duty. Drivers should keep copies of applicable federal and state waivers in their vehicles.

For questions regarding hours-of-service waivers, contact NEFI Regulatory Counsel Rick Schweitzer at (202) 223-3040 or rpschweitzer@rpslegal.com.

Connecticut Issues Emergency Exemption

Connecticut has issued an Emergency Exemption from Hours of Service of Drivers from January 20, 2026 through Wednesday, January 28, 2026. This emergency exemption relieves motor carriers from compliance with the Maximum Driving Time Regulations contained in 49 CFR § 395.3, and adopted through CGS § 14-163c only while providing direct assistance through the delivery of diesel fuel, heating oil, kerosene, propane, gasoline, and biodiesel, to Connecticut homes, businesses, and government entities during the emergency.

Massachusetts
Massachusetts has declared an emergency pertaining to intrastate transportation of residential heating fuels, specifically propane and heating oil, to customers in the Commonwealth of Massachusetts. The emergency exemption is effective from Friday, January 23 through Saturday, February 7, 2026. 

New York Waiver Extended

In addition, the New York State Department of Transportation has extended the Heating Fuels Hours-of-Service Waiver for intrastate motor carriers transporting heating fuels within New York State. The waiver, originally set to expire January 15, has now been extended through January 31, 2026.

Under the New York Waiver, the hours of service rules are adjusted as follows:

1. The 70-hour maximum on duty period in 8-days is modified to be 84 hours.
2. The 60-hour maximum on duty period in 7-days is modified to be 74 hours.
3. The 14-hour maximum workday is modified to be 16 hours. 
   • An 8 hour off duty period must be taken to reset the 16-hour provision. The 34-hour restart provision is modified to be 24 hours.
   • Carriers may utilize a 24-hour off duty period that occurred prior to the date of this Order.
4. On-Duty Time for the purposes of computation of the 60/70 or 14 hour rules shall not include time spent waiting in a commercial motor vehicle while on the property of a shipper or carrier, loading point, unloading point, or terminal immediately subsequent to or preceding loading/unloading operations.

On January 31, 2026, New York modified its waiver to include intrastate transportation of Transportation Fuels.

Virginia

VDOT Issues Waiver for Overweight and Hours of Service through February 5, 2026. The waiver for hours of service and weight in light of the impending winter weather event. It specifically covers transportation of motor fuels, propane, and heating oil.  The waiver is in effect immediately and runs until February 5.  Please note that the state of emergency triggers the Virginia Price Gouging Act which prohibits selling products at an unconscionable price.  In the past courts have defined unconscionable as more than 20 percent higher than the prevailing price of the same product in the 14 days prior to the declaration. This should be shared with all those in your organization with responsibility for pricing.

New Hampshire Issues HOS Waiver

The New Hampshire Department of Safety has issued an emergency declaration temporarily lifting restrictions on hours of service for motor carriers that deliver propane and oil as heating sources for homes and businesses in the state. The waiver is in effect through February 15, 2026.

For further information contact NEFI Regulatory Counsel Rick Schweitzer at (703) 946-2548 or rpschweitzer@rpslegal.com.