The Federal Motor Carrier Safety Administration has issued a Regional Emergency Declaration that grants relief from the driver hours of service regulations in 49 CFR Part 395 for drivers and motor carriers engaged in the delivery of heating fuels, including propane, natural gas, and heating oil in certain States. The declaration is in response to severe winter storms and high demand resulting in difficulty in obtaining the necessary products.

Affected States and jurisdictions included in this Emergency Declaration are: Alabama, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

The Emergency Declaration is effective immediately and will remain in effect until the end of the emergency (as defined in 49 CFR § 390.5T) or until 11:59 P.M. (ET), January 6, 2023, whichever is earlier.

Under the Emergency Declaration, motor carriers and drivers providing direct assistance supporting emergency relief efforts transporting heating fuel, including propane, natural gas, and heating oil, into the Affected States are granted emergency relief from 49 CFR § 395.3, maximum driving time for property-carrying vehicles, subject to certain restrictions and conditions. Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential supplies or essential services. Direct assistance does not include transportation related to long-term rehabilitation of damaged physical infrastructure or routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of this emergency declaration, after the initial threat to life and property has passed.

If you have any questions, please contact NEFI Regulatory Counsel Rick Schweitzer at rpschweitzer@rpselgal.com or (703) 946-2548.