FMCSA to restore trucking’s emergency relief window

WASHINGTON — The Federal Motor Carrier Safety Administration is reversing a Biden-era rule that slashed 30 days of automatic relief from motor carrier hours of service (HOS) requirements down to 14 days during regional emergencies.

In response to petitions filed against the rule, which went into force in December 2023, FMCSA wants to revise the length of the emergency relief automatically triggered as a result of an emergency declaration back to 30 days, according to a notice published on Thursday.

The agency noted that since the final rule was issued two years ago, there have been situations where FMCSA decisions on requests to extend the relief given to truck drivers on HOS restrictions could not be issued until close to when the automatic emergency exemption expired – creating “uncertainty,” according to FMCSA, about how long the emergency exemption would last.

Situations where regulatory relief from HOS extended beyond 14 days included the collapse of Baltimore’s Key Bridge, wildfires in the western U.S., and back-to-back hurricanes in North Carolina in the fall of 2024.

“In some scenarios, emergency responders are forced to justify an extension request before they know how much additional time will be required to respond to an emergency situation,” FMCSA stated.

“In these cases, responders may need to delay their direct assistance in order to ensure the extension is completed, and [truck] drivers engaged in direct assistance may delay operations, if their operation would extend past the 14 days, until they know an extension has been issued.

“FMCSA agrees with petitioners who pointed out that any delay in response in such situations, while rare, is unacceptable because it creates a risk of delays in the provision of emergency assistance.”

Among those petitioning against the 2023 rule were the Commercial Vehicle Safety Alliance, the Owner-Operator Independent Drivers Association, and former governors Doug Burgum of North Dakota and Kristi Noem of South Dakota.

FMCSA wants feedback on its planned revision, particularly from state governments, that address the following issues:

How frequently have emergency declarations, issued by your state, required extensions beyond the current regulatory limit (14 days)?
To what extent would the proposed rule reduce the number of extension requests that your state needs to submit annually?
What are the estimated administrative costs, incurred by your state, in preparing and submitting requests for extensions of emergency declarations?
Would the proposed rule lead to any changes in your state’s resource allocation or staffing needs as it relates to emergency management and regulatory compliance?

Comments are due March 10.