Federal Motor Carrier Safety Administration

February 19, 2025

EXTENSION OF REGIONAL EMERGENCY DECLARATION

No. 2025-001

COLORADO, CONNECTICUT, DELAWARE, FLORIDA, IOWA, KANSAS, MAINE, MARYLAND, MASSACHUSETTS, MONTANA, NEBRASKA, NEW HAMPSHIRE, NEW JERSEY, NEW YORK, NORTH CAROLINA, NORTH DAKOTA, PENNSYLVANIA, RHODE ISLAND, VERMONT, VIRGINIA,WISCONSIN, AND WYOMING

The Federal Motor Carrier Safety Administration (FMCSA) hereby declares that an emergency exists that warrants amendment of the extension of Regional Emergency Declaration No. 2025-001 as modified and amended on or about January 27 and 29, 2025, and continuing the emergency relief from certain regulatory requirements in Part 395 of the Federal Motor Carrier Safety Regulations (FMCSRs), except as otherwise restricted herein. Affected States and jurisdictions (Affected States) included in this amended extension of Emergency Declaration No. 2025-001 are: Colorado, Connecticut, Delaware, Florida, Iowa, Kansas, Maine, Maryland, Massachusetts, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Pennsylvania, Rhode Island, Vermont, Virginia, Wisconsin and Wyoming.

On January 10, 2025, due to severe winter storms, extreme low temperatures, and high fuel demand resulting in difficulty in distribution of necessary heating fuel, including propane, natural gas, and heating oil, in the Affected States, and the ongoing and anticipated effects on people and property including the immediate risk to public health, safety and welfare, FMCSA issued Regional Emergency Declaration No. 2025-001 providing emergency relief from 49 CFR § 395.3 for motor carriers and drivers providing direct assistance to the winter storm emergency in the Affected States; FMCSA extended and modified the Emergency Declaration on January 27, 2025 and amended the Emergency Declaration on January 29, 2025 to include additional States. The emergency regulatory relief provided by the extension of Emergency Declaration No. 2025-001 expired on February 15, 2025. On or about February 11 and 12, 2025, FMCSA received requests to issue an additional two-week extension of the Emergency Declaration for states where severe weather, low temperatures, and high demand continue to substantially impact delivery of essential heating fuels, gasoline, and diesel fuels. Because emergency conditions have not abated FMCSA issued an extension of Emergency Declaration No. 2025-001 on February 15, 2025 granting regulatory relief in accordance with 49 CFR § 390.25. On or about February 19, 2024, FMCSA received requests to expand the extension of Emergency Declaration 2025-001 to additional States. Due to ongoing conditions warranting regulatory relief, FMCSA is amending the extension of Emergency Declaration No. 2025-001 to add the States of Colorado, Iowa, Montana, Nebraska, North Dakota, Virginia, and Wyoming.

By execution of this amended extension of Emergency Declaration 2025-001, motor carriers and drivers providing direct assistance supporting emergency relief efforts transporting heating fuel, including propane, natural gas, and heating oil, and gasoline and diesel fuel into the Affected States are granted emergency relief from 49 CFR § 395.3, maximum driving time for property-carrying vehicles, subject to the restrictions and conditions set forth herein.[1] Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential supplies or essential services. 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 this Emergency Declaration.

Emergency Declaration Restrictions Conditions

By execution of this amended extension of Emergency Declaration No. 2025-001, motor carriers and drivers providing direct assistance to the emergency as set forth herein are granted relief from 49 CFR § 395.3, maximum driving time for property-carrying vehicles, subject to the following restrictions and conditions:

1. Nothing in this amended extension of Emergency Declaration No. 2025-001 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 § 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 amended extension of Emergency Declaration No. 2025-001 until they have met the applicable conditions for its rescission and the order has been rescinded in writing by the issuing jurisdiction.
3. This amended extension of Emergency Declaration No. 2025-001 provides for regulatory relief from 49 CFR § 395.3 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 amended extension of Emergency Declaration No. 2025-001, 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 amended extension of Emergency Declaration No. 2025-001, the motor carrier and driver are subject to the requirements of 49 CFR § 395.3 while operating commercial motor vehicles, 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, except as noted herein. When a driver is moving from emergency relief efforts to normal operations, 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.

In accordance with 49 CFR § 390.23, this amended extension of Emergency Declaration No. 2025-001 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 28, 2025, whichever is earlier. FMCSA intends to continually review the status of Emergency Declaration No. 2025-001 and the relief granted herein. As necessary, FMCSA may take action to modify the Emergency Declaration, including modification of the transportations and commodities covered by the Emergency Declaration, extend, or terminate the Emergency Declaration if conditions warrant.

Please note: If the President of the United States or the Governor or authorized representative of the State in which you are providing direct assistance to emergency relief efforts has also issued an emergency declaration relating to this emergency for that State, that Declaration may provide additional regulatory relief.

Issued this 19^th day of February 2025

Federal Motor Carrier Safety Administration