A patchwork of state emergency declarations is causing hours-of-service problems for truck drivers providing relief, and Republican lawmakers want the Federal Motor Carrier Safety Administration to do something about it.
On Tuesday, June 10, dozens of Republican House representatives led by Reps. Mike Bost and Mike Collins urged FMCSA to adopt a “preemptive and proactive” policy dealing with hours-of-service regulatory relief. The lawmakers want to see some changes when it comes to the timing and scope of emergency declarations.
“When communities are staring down the threat of a dangerous emergency, the last thing they should have to worry about is ready access to fuel for their homes and vehicles,” Bost said in a statement. “I grew up in a family trucking business; I know red tape and delays at the federal level often make it harder for truckers to do their jobs and deliver their product when it matters most. This commonsense policy change will help keep families safe and spur a quicker recovery during severe weather and supply chain disruptions.”
Action in Congress appears to be driven by liquid fuel marketers, who keep fueling stations adequately supplied and households heated during life-threatening events. Lawmakers have pointed out that hours-of-service relief provided by emergency declarations allow fuel haulers to address increased fuel demand, road closures, longer wait times at terminals and a host of other issues during emergencies. However, such relief may not always be sufficient.
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One issue is timing. Although many disasters (e.g., wildfires and tornadoes) are unpredictable, other events like hurricanes and severe winter weather can be predicted well in advance. Even in those situations, an emergency may not be declared until just a day or two before, leaving fuel haulers and others providing relief little time to act.
Republican lawmakers want FMCSA to develop agency guidance that would “trigger automatic relief at least five days before a reliably predicted disaster or emergency.”
“Marketers must keep stations and homes adequately fueled ahead of an emergency or disaster to support evacuations and prepare for forthcoming logistics complications that could result in shortages,” the letter states. “Likewise, heating oil marketers and their customers would benefit from advanced preparation to meet increased demand during severe weather events.”
Another issue is the scope of an emergency declaration. Oftentimes, hours-of-service relief is provided at the state level, creating “an uneven regulatory environment and confusion and delay” when a disaster is regional.
Start and end dates may vary from one state emergency declaration to the next. Meanwhile, some commodities may be covered in one state but not a neighboring state.
Addressing the patchwork of state emergency declarations, Republican lawmakers have requested that FMCSA implement a policy establishing “automatic regional relief” during disaster and emergency response.
Nothing being requested by the lawmakers would create new regulations. FMCSA already has the authority to declare regional emergencies ahead of states.
“While coordination with state regulators is encouraged, the FMCSA should proactively address logistical challenges in interstate commerce,” the letter states. “Establishing clear internal guidance on the issuance of regional relief will eliminate confusion when drivers must rely on multiple declarations to transport fuel across state lines. Clarity and consistency will enable drivers to make the best route decisions for the efficient restoration of essential fuel supplies.”
More than 30 House representatives, all Republicans, signed the letter. LL
Recent emergency declarations:
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