Federal emergency declarations play a critical role in keeping freight moving during natural disasters, infrastructure failures, and fuel supply disruptions. Now, the Federal Motor Carrier Safety Administration is considering a change that could give motor carriers and drivers more time under emergency regulatory relief.
In a notice of proposed rulemaking published Friday, Jan. 9, FMCSA proposed extending the length of automatic emergency relief triggered by a federal emergency declaration from 14 days to 30 days.
The proposal follows multiple petitions asking the agency to reconsider changes made in a final rule issued in October 2023. That earlier rule significantly narrowed both the duration and scope of regulatory relief available during emergencies.
Why FMCSA Is Reconsidering the Timeline
Under the current rule, when an emergency is declared, eligible motor carriers and drivers automatically receive hours-of-service relief for 14 days. After that window closes, carriers must request extensions if emergency conditions persist.
Before the 2023 rule change, emergency declarations triggered a 30-day automatic exemption from all regulations listed in 49 CFR Parts 390 through 399. For local emergencies lasting five days or fewer, the exemption applied only to hours-of-service rules under sections 395.3 and 395.5.
Several organizations challenged the shortened timeline, arguing that 14 days often does not reflect the reality of major emergencies.
OOIDA, the Commercial Vehicle Safety Alliance, the Montana Department of Transportation, and the National Propane Gas Association were among those who submitted petitions.
“In our experience, the current 30-day period provides sufficient time to deliver emergency assistance without negatively impacting safety,” OOIDA wrote in 2023. “We are unclear on exactly why FMCSA is proposing these regulatory changes at this time.”
FMCSA acknowledged that most petitioners focused on the time limitation, stating the 14-day window was too short to address large-scale or prolonged events.
Recent Emergencies Highlight the Challenge
FMCSA cited several real-world situations where relief extended well beyond two weeks, including the collapse of the Francis Scott Key Bridge, wildfires across the western United States, and hurricanes that impacted North Carolina in 2024.
In those cases, freight movement tied to recovery efforts continued long after the initial emergency declaration period expired.
The agency also noted the administrative burden associated with extension requests. Submitting, reviewing, and approving emergency extensions creates added costs and delays for both carriers and regulators during already strained conditions.
What the Proposed Change Would Do
If finalized, the rule would restore a 30-day automatic relief period when a federal emergency declaration is issued. FMCSA has not proposed expanding the scope of the exemptions beyond what is currently allowed, but the longer window would reduce the need for repeated extension requests during prolonged emergencies.
FMCSA notified petitioners in January 2025 that it would formally reconsider the 14-day limit, leading to the proposal released this month.
Current Emergency Declarations Remain Active
As of Jan. 9, emergency declarations were active in several states, including New York, Washington, Connecticut, Maine, and Oregon. FMCSA regional emergency declarations were also in effect in other states dealing with fuel shortages and severe winter weather.
How to Submit Comments
FMCSA is accepting public comments on the proposed rule change through March 10. Stakeholders can submit feedback by visiting Regulations.gov and searching for Docket No. FMCSA-2025-0124.
The outcome of this proposal could shape how effectively the trucking industry responds to future emergencies, particularly those that stretch beyond short-term disruptions.
Source: Land Line Media
