FMCSA Grants Extensions and Expansion of Regional Hours of Service Waivers (Effective January 15, 2026, Through February 15, 2026)

January 15, 2026 | comments

Last week, 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. The regional Hours of Service waiver expands on the state of Iowa waiver issued on Thursday, January 15, 2026.

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.

Midwest States: ILLINOIS, IOWA, KANSAS, KENTUCKY, OHIO, MINNESOTA, MISSOURI, NEBRASKA, TENNESSEE, and WISCONSIN. Click here to read the notice.

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.

The Energy Marketers of America will continue to work closely with the FMCSA, DOE, DHS/FEMA and other federal agencies to ensure efficient emergency preparedness and response.