Federal Motor Carrier 
Safety Administration

February 3, 2026

EXTENSION OF EMERGENCY DECLARATION 
PURSUANT TO 49 CFR § 390.25
No. 2026-001

ALABAMA, ARKANSAS, COLORADO, CONNECTICUT, DELAWARE, 
DISTRICT OF COLUMBIA, FLORIDA, GEORGIA, ILLINOIS, INDIANA, IOWA, KANSAS, 
KENTUCKY, LOUISIANA, MARYLAND, MASSACHUSETTS, MICHIGAN, MISSISSIPPI, 
MINNESOTA, MISSOURI, MONTANA, NEBRASKA, NEW HAMPSHIRE, NEW JERSEY,
NEW YORK, NORTH CAROLINA, NORTH DAKOTA, OHIO, OKLAHOMA, 
PENNSYLVANIA, RHODE ISLAND, SOUTH CAROLINA, SOUTH DAKOTA, 
TENNESSEE, TEXAS, VERMONT, VIRGINIA, WEST VIRGINIA, WISCONSIN, 
AND WYOMING

The United States Department of Transportation (USDOT), Federal Motor Carrier Safety Administration (FMCSA) declares that an emergency exists that warrants extension of the Regional Emergency Declaration issued by FMCSA to continue emergency relief granted from certain regulatory requirements in Part 395 of the Federal Motor Carrier Safety Regulations (FMCSRs). This Extension of Emergency Declaration is issued in response to severe winter storms and cold temperatures substantially below normal in the Affected States and the current and anticipated effects on people and property, including the immediate risk to public health, safety and welfare. This Extension of Emergency Declaration addresses the emergency conditions creating a need for immediate transportation relating to the restoration of essential services and essential supplies. The Affected States and jurisdictions (Affected States) in this Extension of Emergency Declaration are Alabama, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming.

On January 23, 2026, FMCSA issued a Regional Emergency Declaration related to severe winter storms and colder than normal weather providing regulatory relief from 49 CFR § 395.3, maximum driving time for property-carrying vehicles, and 49 CFR § 395.5, maximum driving time for passenger-carrying vehicles; the regulatory relief granted under the Emergency Declaration will expire on February 6, 2026. Because emergency conditions have not abated, FMCSA is issuing this Extension of Emergency Declaration and granting regulatory relief in accordance with 49 CFR § 390.25 as set forth herein.

By execution of this Extension of Emergency Declaration, motor carriers and drivers providing direct assistance supporting emergency relief efforts involving transportation and other relief services incident to the immediate restoration of essential supplies or services in the Affected States are granted emergency relief from 49 CFR § 395.3, maximum driving time for property-carrying vehicles, and 49 CFR § 395.5, maximum driving time for passenger-carrying vehicles, subject to the restrictions and conditions set forth herein. The regulatory relief under this Extension of 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. Direct assistance does not include transportation related to long-term rehabilitation of damaged physical infrastructure after the initial threat to life and property has passed, nor does it include routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of the Declaration.
 

Emergency Declaration Restrictions & Conditions

By execution of this Extension of Emergency Declaration, motor carriers and drivers providing direct assistance to the emergency in the Affected States as set forth herein are granted emergency relief from regulations in 49 CFR § 395.3, maximum driving time for property-carrying vehicles, and 49 CFR § 395.5, maximum driving time for passenger-carrying vehicles, subject to the following restrictions and conditions:

1.  Nothing in this Extension of Emergency Declaration shall be construed as a waiver of or exemption from any applicable requirements or any portion of the FMCSRs (49 CFR Parts 350–399) including the controlled substance and alcohol uses and testing requirements (49 CFR Part 382), the commercial driver’s license requirements (49 CFR Part 383), or the financial responsibility (insurance) requirements (49 CFR Part 387); Federal Hazardous Materials Safety Regulations (HMRs) (49 CFR Parts 100–180); vehicle size, and weight limitations, as well as route designations administered by the Federal Highway Administration (23 CFR Part 658; 23 U.S.C. § 127; 49 U.S.C. §§ 31111–31115); or any other regulations for which relief is not specifically granted herein.

2.  Motor carriers or drivers currently subject to an out-of-service order are not eligible for the relief granted by this Extension of Emergency Declaration until they have met the applicable conditions for its rescission and the order has been rescinded in writing by the issuing jurisdiction.

3.  This Extension of Emergency Declaration provides for regulatory relief from 49 CFR §§ 395.3 and 395.5 for commercial motor vehicle operations while providing direct assistance supporting emergency relief efforts. Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts related to the emergency as set forth in this Extension of Emergency Declaration, or when the motor carrier dispatches a driver or commercial motor vehicle to another location to begin operations in commerce. (49 CFR § 390.23(e)). Upon termination of direct assistance to emergency relief efforts related to the emergency as set forth in this Extension of Emergency Declaration, the motor carrier and driver are subject to the requirements of 49 CFR §§ 395.3 and 395.5 while operating commercial motor vehicles in interstate commerce, except that a driver may return empty to the motor carrier’s terminal or the driver’s normal work reporting location without complying with 49 CFR §§ 395.3 and 395.5, except as noted herein. When a driver is moving from emergency relief efforts to normal operations, (1) if a driver is transporting property, a 10-hour break is required when the total time a driver is engaged in emergency relief efforts, or in a combination of emergency relief and normal operations, equals or exceeds 14 hours; and (2) if a driver is transporting passengers, an 8-hour break is required when the total time a driver is engaged in emergency relief efforts, or a combination of emergency relief and normal operations, equals or exceeds 10 hours.

In accordance with 49 CFR § 390.25, this Extension of Emergency Declaration is effective immediately and shall remain in effect until the end of the emergency (as defined in 49 CFR § 390.5T) or until 11:59 P.M. (ET), February 20, 2026, whichever is earlier. FMCSA intends to continually review the status of this Declaration and the relief granted herein. As necessary, FMCSA may take action to modify this Extension of Emergency Declaration, including modification of the transportations and commodities covered by the Declaration, and extend, or terminate this Extension of Emergency Declaration if conditions warrant.

Issued this 3rd day of February 2026

Derek D. Barrs 
Administrator