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FMCSA Extends HOS Waiver for Heating Fuel Shipments to January 28 (Iowa Included)

 

FMCSA Extends HOS Waiver for Heating Fuel Shipments to January 28 (Iowa Included)

The Federal Motor Carrier Safety Administration (FMCSA) has extended that driver hours of service (HOS) waiver to January 28, 2018. The original waiver was issued on December 30, 2017 and was set to expire on January 14. PMAA worked closely with the FMCSA to obtain the waiver extension. PMAA told the FMCSA the extension was necessary to meet peak demand loads for heating fuels in the affected areas in the aftermath of extended extreme cold temperatures ending earlier this week. PMAA said the extension would allow heating oil (HO) and propane dealers to replenish residential and intermediate bulk storage tanks to appropriate midwinter levels so that they can return to normal seasonal delivery schedules. HO dealers found it impossible to meet the high demand for heating oil and propane during the cold snap while operating within the HOS restrictions. High rates of consumption by both residential customers and electric utilities required drivers to make more delivery runs, travel further distances and drive longer hours to obtain sufficient supply to meet the demand. The FMCSA waiver does the following:

Deadline - Extends HOS waiver until 1/28/18 or until the end of the emergency period, whichever comes first.

Applicability – Applies to shipments of heating fuels, including heating oil, propane and kerosene. The waiver extension does not cover motor fuels unless they are used exclusively for heating purposes.

Intrastate and Interstate Drivers Included – The waiver covers all interstate and intrastate drivers transporting heating fuels. Interstate drivers are covered for all heating fuel shipments into, from and between states. The HOS waiver applies to intrastate drivers because the FMCSA considers petroleum products within the “stream” of interstate commerce from well head to end consumer and thus under federal jurisdiction. This is true even though the driver picks up and delivers the heating fuel to the end user without ever crossing a state boundary.

States Covered – The HOS waiver extension is effective for shipments of heating fuels into, from, between and wholly within the following states: Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Maine, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New York. North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington, D.C., West Virginia and Wisconsin.

Driver Responsibilities – Drivers must keep a copy of the waiver extension in their possession while driving. Drivers must continue to record their daily hours of duty status. Drivers must write or input the words “Emergency Declaration” in the “Remarks” section of their daily record of duty status. Drivers who do not record daily hours of service pursuant to the 100 air-mile radius exemption are not required to record hours under the waiver.

Got questions? Contact Mark S. Morgan PMAA Regulatory Counsel at mmorgan@pmaa.org or 202-364-6767

Transportation Federal Fuel







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