The Federal Motor Carrier Safety Administration (FMCSA) enacted a new rule allowing exemptions of federal regulations in declared emergency situations. 

Now, the Federal Motor Carrier Safety Regulations are revised to:

• Allow automatic relief of Hours of Service (HOS) regulations during an emergency, while shortening the duration and scope of exemption, except in the case of a presidential declaration of federal emergency;
• Allow for additional reporting requirements when issuing extended/modified exemptions;
• Establish a dedicated email inbox for extensions/modifications requests.

Additionally, the final rule eliminates the provision that provided automatic regulatory relief for other elements of 49 CFR parts 390 – 399 such as medical certification of drivers, vehicle inspection requirements, parts and accessories, transportation of hazardous materials. 

FMCSA’s decision comes after thorough assessment of relevant data. The organization says public input was a critical part of the decision-making process. FMCSA spokesperson Chris Henry said FMCSA staff reviewed every comment provided in response to the Notice of Proposed Rulemaking FMCSA issued in December 2022.

This action is a final rulemaking that allows for certain exemptions to regulations during declared emergencies, such as the COVID-19 pandemic, and establishes a dedicated email inbox at FMCSA for the request of extensions or modifications.

The final rule allows for the automatic relief of Hours of Service (HOS) regulations during an emergency, while shortening the duration and scope of exemption (except in the case of a presidential declaration of federal emergency).

The Final Rule also eliminates the provision that provided automatic regulatory relief for other elements such as medical certification of drivers, vehicle inspection requirements, parts and accessories, and transportation of hazardous materials. 

Learn more: 

Federal Register: Public Inspection: Clarification to the Applicability of Emergency Exemptions

PDF Version of This Federal Register