In response to requests from NEFI and other organizations, the Federal Motor Carrier Safety Administration (FMCSA) has extended its Regional Emergency Declaration to provide hours of service relief for heating fuel delivery drivers. The Emergency Declaration that was set to expire February 6 is now valid through March 8, 2022.

The declaration provides relief from 49 CFR 395.3 (daily and weekly driving time limits) for drivers providing direct assistance supporting emergency relief efforts transporting heating fuel, including propane, natural gas, heating oil and biodiesel in 41 Affected States. The 41 Affected States are:

Alabama, Arizona, Arkansas, Connecticut, Delaware, District of Columbia, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming.

At the end of a delivery where the driver has exceeded the normal daily or weekly driving time limits under this declaration, the driver may return empty to the company’s terminal or the driver’s normal work reporting location without complying with 49 CFR § 395.3. The driver must then take a 10-hour break before returning to normal operations.

If the Governor of a State has also issued an emergency declaration relating to this emergency, that State Declaration may provide additional regulatory relief. We recommend you closely monitor communications from your state heating fuel associations for updates.

Drivers should keep copies of Regional and State declarations in their cab throughout the duration of the Emergency.

CLICK HERE TO DOWNLOAD THE UPDATED
REGIONAL EMERGENCY DECLARATION (HOS WAIVER)

If you have any questions, please contact NEFI Regulatory Counsel Rick Schweitzer at regulations@nefi.com or 202-508-3645.