FMCSA Reverts Emergency HOS Exemption Window to 30 Days
The agency finalized a rule undoing a 2023 change that had cut the automatic hours-of-service relief period after regional emergency declarations to 14 days, a shift carriers and state regulators said created unnecessary paperwork.
The Federal Motor Carrier Safety Administration (FMCSA) issued a final rule amending its emergency exemption regulations to restore the automatic relief period triggered by a regional emergency declaration to 30 days, up from the 14 days set in an October 2023 final rule, according to the rule filed for public inspection in the Federal Register under Docket No. FMCSA-2025-0124 and RIN 2126-AC77.
The change responds to petitions for reconsideration of the 2023 rule, FMCSA said. Those petitions argued the shorter 14-day window forced motor carriers to file extension requests more often during ongoing emergencies, adding administrative burden without a corresponding safety benefit.
The rule amends 49 CFR 390.23(b) by replacing the number "14" with "30." It governs the automatic exemption from the hours-of-service rules found in 49 CFR 395.3 and 395.5 that takes effect when a governor, a governor's authorized representative, or FMCSA itself declares a regional emergency. Carriers providing "direct assistance" in response to such an emergency, which can include fuel haulers restoring supply after a disruption, are relieved of normal HOS limits for the length of the automatic exemption without having to separately request relief, FMCSA said.
FMCSA proposed the change in a January 9, 2026 notice (91 FR 940) and took public comment through March 10, 2026. Of 17 comments received, 13 were substantive. Support came from the Commercial Vehicle Safety Alliance, Energy Marketers of America, the Gases and Welding Distributors Association, the Montana Department of Transportation, the National Energy & Fuels Institute, the National Propane Gas Association, the National Rural Electric Cooperative Association, the Owner-Operator Independent Drivers Association, the Shippers Coalition, and a joint comment from the transportation departments of Idaho, Montana, North Dakota, South Dakota and Wyoming. National Tank Truck Carriers took no position, saying the change would have limited effect on the tank truck sector. Two private citizens objected, one favoring the shorter 14-day window and another arguing for a 90-day period tied to the Stafford Act; FMCSA rejected both suggestions in the final rule.
FMCSA said it will not act in this rulemaking on additional requests from EMA for proactive guidance on advance emergency declarations or from NRECA to extend the residential heating fuel exemption to cover electricity, saying the heating fuel exemption's scope comes directly from statute.
The agency estimated the change will save industry and government a combined $1,429 annually by cutting the number of extension requests filed each year from about 50 to 25, using updated wage figures of $85.25 per hour for a carrier manager and $143.33 per hour for a federal reviewer.
What it means
Carriers operating under a regional emergency declaration — including fuel haulers moving gasoline or diesel during a supply disruption — will now get 30 days of automatic HOS relief before needing to request an extension, rather than 14 days under the 2023 rule. FMCSA retains authority to extend emergency exemptions beyond 30 days under 49 CFR 390.25 if an emergency runs longer. The rule does not expand which carriers qualify for direct-assistance status; it only lengthens the automatic window once a qualifying emergency is declared.
What's next
The rule is scheduled for publication in the Federal Register on October 5, 2026, and FMCSA said it takes effect on the date of publication because the change relieves a restriction rather than imposing one. Petitions for reconsideration of this final rule are due to the FMCSA Administrator no later than 30 days after publication — by the agency's own terms, around November 4, 2026, though the Federal Register text leaves the exact date to be calculated from the publication date rather than stating it outright. Carriers and drivers operating under emergency declarations should watch for state and FMCSA emergency notices to confirm how the new 30-day window applies to their routes.
Sources
Rule (public inspection): Petitions for Reconsideration: Clarification to the Applicability of Emergency Exemptions — Federal Register public inspection (Federal Motor Carrier Safety Administration), 2026-10-05
FMCSA grants temporary HOS waiver for gasoline and diesel haulers — TheTrucker.com (via Google News), 2026-10-02