Back in 2023, the FMCSA published a final rule reducing the automatic regulatory relief for an emergency from 30 days to 14.
Several groups asked the Federal Motor Carrier Safety Administration to reconsider the rule.
Now, the agency is accepting public comments on whether it should again provide a 30-day automatic exemption.
FMCSA wants input from industry stakeholders. The deadline to comment is March 10.
In October 2023, the agency published a final rule that revised emergency exemption rules to narrow the duration of relief that is provided to motor carriers and truck drivers providing direct assistance.
“This rule ensures that the relief granted through emergency declarations is appropriate and tailored to the specifics of the circumstances and emergencies being addressed,” FMCSA wrote in 2023. “This rule also revises the process for extending automatic emergency regulatory relief where circumstances warrant and allows for potential reporting requirements when FMCSA issues an extension or modification.”
Soon after, many groups questioned the decision.
North Dakota Gov. Doug Burgum wrote a letter to the agency on Nov. 9, 2023. Days later, the Owner-Operator Independent Drivers Association and National Propane Gas Association filed a joint petition for reconsideration.
“FMCSA has failed to provide sufficient evidence and explanation to support its conclusions and its departure from longstanding policy and intent,” NPGA and OOIDA wrote. “In addition, the final rule fails to resolve ambiguities relating to pre-disaster emergency declarations. As a result, compliance with various provisions of FMCSA’s final rule is not practicable, is unreasonable and is not in the public interest.”
In January 2026, FMCSA issued a proposal to widen the relief window back to 30 days, citing petitions from OOIDA, NPGA, the Commercial Vehicle Safety Alliance and the Montana Department of Transportation.
How to comment
Comments on the proposal will be accepted through March 10. To submit a comment, click here or go to Regulations.gov and enter Docket No. FMCSA-2025-0124.
As of March 6, FMCSA had received five comments.
The Montana Department of Transportation submitted comments in support of the rule change.
“(The Montana DOT) believes that the 30-day limit is more appropriate for the magnitude of emergencies required for a regional emergency declaration,” wrote Christopher Dorrington, director of the Montana DOT. “As a very recent example, MDT requested a 30-day extension of the emergency declaration for a flood event in Northwest Montana on Dec. 17, 2025, the same day the governor signed the emergency declaration. As of Feb. 2, 2026, MDT has not received communication from FMCSA on that request.” LL
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