FMCSA Amends Heating Emergency Exemptions

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The FMCSA today announced the agency has made amendments to the home heating emergency exemptions.

The FMCSRs currently include a provision which allows carriers hauling heating fuel to do so without having to comply with certain HOS rules if the Governor has declared a state of emergency. However, the current duration of the relief is limited to 30 days unless FMCSA extends the exemption, the FMCSA said in this week’s Federal Register.

The amendment will allow an extension of the exemption up to two additional 30-day periods, if the state’s governor declares a state of emergency caused by a shortage of residential heating fuel.

“This rule makes nondiscretionary ministerial changes to FMCSA’s emergency relief regulations in 49 Code of Federal Regulations (CFR) 390.23. The changes are required by Section 2(c) of the RHH Act, Pub. L. 113-125, 128 Stat. 1388, June 30, 2014. When shortages of residential heating fuel occur, the RHH amendments extend the normal 30-day exemption period for up to 90 days, provided that the Governor of the affected State determines that a second or third 30-day period must be allowed to enable motor carriers to provide residential heating fuel expeditiously,” the FMCSA states.

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