In response to escalating winter demand and operational challenges at the Marcus Hook propane distribution facility, both PennDOT and the Federal Motor Carrier Safety Administration (FMCSA) have issued emergency hours-of-service (HOS) waivers to support the movement of heating fuel, including propane. 

PennDOT's intrastate waiver - Waiver 2025-03 - was signed by Secretary Mike Carroll on December 10 and remains in effect through December 24, 2025. On December 12, FMCSA issued a Regional Emergency Declaration covering Delaware, New Jersey, New York, and Pennsylvania, extending similar relief for interstate emergency operations. 

Why the Waiver Was Issued

Over the past several weeks, the propane industry has reported significant delays at the Marcus Hook facility following an incident that reduced its ability to fill bulk propane haulers. As winter storms and cold weather have intensified, these delays quickly became a regional supply-chain concern, creating unusually long wait times for carriers attempting to load product.

State agencies—including the Department of Environmental Protection (DEP), the Pennsylvania Emergency Management Agency (PEMA), and the Pennsylvania State Police (PSP)—determined that an emergency need existed to temporarily extend allowable driving and on-duty hours for intrastate propane haulers. FMCSA similarly found that the disruption posed an immediate risk to public health, safety, and welfare across multiple states.  

Pennsylvania's Intrastate Waiver (Waiver 2025-03)

Under Waiver 2025-03, PennDOT is temporarily relaxing state-adopted hours-of-service rules under 67 Pa. Code Chapter 231, consistent with authority granted in 49 CFR 350.305(d). The waiver applies only to intrastate operations hauling bulk propane.

Key provisions include:

• Extending the 11-hour driving limit to 12 hours,
• Allowing drivers to remain on duty for up to 16 hours, and
• Prohibiting use of the waiver by drivers who have reached 70 hours in 7 days or 80 hours in 8 days.

All other safety requirements remain in effect.

The waiver took effect at 6:00 pm on December 10, 2025 and expires at 11:59 on December 24, 2025.

Download Waiver

FMCSA Regional Emergency Declaration (Interstate Operations)

On December 12, 2025, FMCSA issued Regional Emergency Declaration No. 2025-012 pursuant to 49 CFR § 390.23, covering Delaware, New Jersey, New York, and Pennsylvania. 

The FMCSA declaration provides temporary relief from the maximum driving time requirements in 49 CFR § 395.3 for motor carriers and drivers providing direct assistance to emergency relief efforts, including transportation of heating fuel such as propane, natural gas, and heating oil. 

While the FMCSA declaration temporarily suspends the standard federal driving and on-duty hour limits for qualifying emergency operations, it does not establish new numerical maximums, and drivers and carriers remain responsible for ensuring safe operation and compliance with all other federal safety requirements.

Key points carriers should understand: 

• The federal waiver applies to interstate operations providing direct assistance to the emergency.
• Relief applies regardless of trip origin, so long as the trip supports emergency relief in one of the covered states.
• Routine commercial drivers or mixed loads with only a nominal amount of qualifying product do not qualify.
• Other FMCSRs, including CDL, drug and alcohol testing, insurance, hazardous material, and size and weight, remain fully in effect.

Direct assistance ends when a driver resumes normal commercial operations. Drivers may return empty to their terminal or normal reporting location without immediately complying with § 395.3, subject to FMCSA transition requirements. 

The FMCSA Regional Emergency Declaration is effective immediately and remains in effect until the end of the emergency or 11:59 (ET) on December 26, 2025, whichever occurs first.  

View FMCSA waiver

What This Means for Carriers

• Intrastate propane haulers in Pennsylvania may operate under the PennDOT Waiver 2025-03.
• Interstate carriers operating in or through PA, NJ, NY, or DE may rely on the FMCSA Regional Emergency Declaration when providing direct emergency assistance, including the transport of heating fuels (propane, natural gas, and heating oil).
• Carriers operating both interstate and intrastate should ensure they are applying the correct waiver based on the nature of each trip.

PMTA will continue to monitor both waivers and provide updates if either PennDOT or FMCSA modifies, extends, or terminates the relief.