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Regional Motor Fuel Waivers
All, with Storm Fern to begin impacting some of the state’s tomorrow, we have been working with FMCSA on new regional multi-state HOS waivers that will cover all motor fuel and heating fuels. Although we began urging FMCSA to release waivers early this week when it was clear that a highly significant known event was going to occur late this week, FMCSA has delayed the response, and we expect the regional waivers may be released late today or tomorrow. As many of you know, EMA is working with FMCSA to establish consistent and clear waivers and to do so in advance of any known disaster. Over the past 20 years FMCSA has adopted different processes that are then changed again following any feedback from a state. For instance, there have been periods when FMCSA would act without waiting to hear from the states and then times, like now, where FMCSA waits for states to communicate their interest in regional waivers. Further, additional changes in the processes have occurred due to regulatory changes that were implemented in 2023. So, the consistency and advance issuance of waivers that we seek are being discussed. Meanwhile we work with the processes that exist at the moment – which means it is helpful and sometimes essential that your state Department of Transportation or Governor’s office communicates what is needed to FMCSA.
As soon as the new regional waivers are released, we will get them to you.
State Intrastate Waivers
Several states have released state intrastate HOS waivers and others are expected to be issued later today or tomorrow. Some, such as Vermont and Wisconsin are specific to heating fuels while others such as TX, NC, SC, and GA have released motor fuel HOS and some include weight waivers. To see the waivers please go to the CVSA declarations page at CVSA Emergency Declarations.
Current Regional Heating Fuel Waivers
Many of you have a regional heating fuel waiver already in place and have asked if those waivers (there are two regional waivers) can be used to fuel commercial generators such as hospital generators. No, the waivers are for residential fuel only. FMCSA told EMA that the reason for limiting usage to residential use is that commercial usage would take away from residential customers and that commercial entities such as hospitals, schools, and churches, usually have commercial contracts, so they usually okay.
Reminder, following is information about the two multi-state heating fuel waivers that already exist and will expire February 15.
Multi-State Hours of Service Heating Fuel Waivers Extended and Expanded Friday, January 16, 2026 – Breaking News… The Federal Motor Carrier Safety Administration (FMCSA) granted extensions (effective January 15, 2026) and expansion of the regional Hours of Service waivers for the following states due to winter storms.
NE/Mid-Atlantic States: CONNECTICUT, DELAWARE, MAINE, MARYLAND, MASSACHUSETTS, NEW HAMPSHIRE, NEW JERSEY, NEW YORK, PENNSYLVANIA, VERMONT, and WEST VIRGINIA. (Highlighted are expansions - new to the waiver). Click here to read the notice ESC - Extension of Emergency Declaration - No. 2025-012 - 01-15-2026 | FMCSA
Midwest States: ILLINOIS, IOWA, KANSAS, KENTUCKY, OHIO, MINNESOTA, MISSOURI, NEBRASKA, TENNESSEE, and WISCONSIN. Click here to read the notice MSC-SSC - Extension of Regional Emergency Declaration - No. 2025-013 - Heating Fuels - 01-15-2026 | FMCSA
Both declarations provide regulatory relief from 49 CFR Sec. 395.3, maximum driving time for property-carrying vehicles transporting heating fuel including propane, natural gas, and heating oil. Both declarations have the same general language, and both expire February 15, 2026. The waivers cover all heating fuel deliveries in the states and jurisdictions listed because they support the "emergency" which in this case is maintaining adequate heating fuel distribution in those areas.
Important: The FMCSA waivers cover interstate shipment of heating fuel in and out of the states and jurisdictions listed in the waivers. Please encourage drivers to carry a copy of the declaration in their truck. EMA worked with FMCSA recently to add the following language to all future waivers to show anyone questioning a driver’s eligibility while passing through a state that is not included in the declaration, but is providing direct assistance to the emergency, is legally qualified to drive through those states without penalty. This is the language that is now included in the declarations “The regulatory relief under this Emergency Declaration applies regardless of the origin of the trip, so long as the carrier or driver is providing direct assistance to the emergency in the Affected States.”
The FMCSA waivers do 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. State Governors typically issue such waivers as part of their Emergency Declaration, or when FMCSA waivers are put into effect. Most of these states have already issued intrastate HOS waivers.
Courtesy of:
The Energy Marketers of America. We will continue to work closely with the FMCSA, DOE, DHS/FEMA, and other federal agencies to ensure emergency preparedness and response waivers and solutions to problems that arise in response to the recent winter storms.
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