FMCSA Extends Regional Emergency Declaration Through February 20

February 8, 2026
On February 3, the Federal Motor Carrier Safety Administration (FMCSA) extended the 40-state regional emergency declaration (including Pennsylvania) in response to the ongoing impacts of severe winter storms and below-normal temperatures across much of the United States. This extension continues to grant an Hours of Service (HOS) waiver for motor carriers transporting essential goods and services, including all types of fuel, until the end of the emergency or through 11:59 PM (ET) February 20, whichever is earlier. A copy of the extended waiver can be found here.

The declaration waives HOS requirements for the interstate transportation of all fuels as essential supplies, including but not limited to:

•    Gasoline
•    Diesel (including diesel used to fuel generators & snow removal equipment)
•    Kerosene
•    Jet fuel
•    Diesel additives
•    Heating fuels and heating oils
•    Propane

Important: This relief ends when a driver or vehicle is dispatched to resume normal commercial operations unrelated to the emergency. Drivers transitioning from emergency relief to normal operations must take a required rest break—10 hours for property carriers—once applicable duty-hour thresholds are met.

Reminder: A separate FMCSA waiver (click here) is still in effect for heating fuels through February 15, 2026. Fuel marketers can operate under the more comprehensive “all fuels” waiver issued by FMCSA, which includes heating fuels under the scope.
Download FMCSA All Fuels Waiver
Intrastate Travel 

Pennsylvania incorporates the provisions of 49 CFR Parts 382, 385, 387 and 390—396, by reference for Interstate Motor Carrier operations in PA Title 67, Chapter 229, (§ 229.14. Adoption of portions of 49 CFR by reference) and Intrastate Motor Carrier operation in Title 67, Chapter 231 (§ 231.7. Adoption of portions of 49 CFR by reference). Because Pennsylvania adopts 49 CFR § 395.3 by reference, the FMCSA waiver applies to both interstate and intrastate motor carrier activity defined within the scope.The PPA recommends drivers keep a copy of FMCSA waivers in their truck or generate an electronic copy if requested.
Reminder: State Price Gouging Act in Effect
On January 23, Governor Shapiro issued a Proclamation of Disaster Emergency throughout the Commonwealth due to heavy snow and persistent extreme cold. This proclamation automatically triggers the Price Gouging Act (73 P.S., Chapter 5, § 232.4). Fuel marketers should be aware of how the law applies and what steps can help avoid compliance issues. The PPA recently published an overview of the law for members to reference.
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Please contact Ted Harris if you have questions regarding fuel waivers or state law.