Regulatory Alert

FMCSA Restores 30-Day Automatic Hours-of-Service Relief for Regional Emergencies

Friday, October 2, 2026 – The Federal Motor Carrier Safety Administration (FMCSA) has finalized a rule restoring the length of automatic emergency relief under 49 C.F.R. § 390.23(b) to 30 days. The rule reverses FMCSA’s October 2023 change, which shortened the period to 14 days. Relief is triggered by a regional emergency declaration issued by a Governor, the Governor’s authorized representative, or FMCSA. The rule takes effect upon publication in the Federal Register on October 5, 2026. The change comes as the heating season approaches.

The relief covers only drivers providing direct assistance in response to the declared emergency and exempts them only from the hours-of-service limits in 49 C.F.R. §§ 395.3 and 395.5. If the emergency period ends in fewer than 30 days, the automatic relief ends with it. Carriers may request extensions beyond 30 days under 49 C.F.R. § 390.25.

EMA filed comments supporting FMCSA’s change. EMA also urged the Agency to issue guidance on preemptive declarations ahead of forecast severe weather and to use its authority more proactively to promote consistent relief across neighboring States. FMCSA declined to make those changes in this rulemaking but said it would evaluate EMA’s suggestions.

Petitions for reconsideration are due by November 4, 2026.

For questions, contact EMA regulatory counsel Jeffrey Leiter (jleiter@bmalaw.net) or Jorge Roman (jroman@bmalaw.net).