COLORADO/WYOMING - REGIONAL FUEL HEATING WAIVER

CWPMA Note: You'll note that there is a nation wide interstate waiver, however CWPMA has not been contacted by either Colorado or Wyoming Members to express a need for a intrastate waiver relative to the forthcoming Polar Vortex. Please reach out to Grier (gbailey@cwpma.org) directly if home heating for your customers becomes an issue.

Regulatory Alert

Regional Hours of Service Waiver Granted for Heating Fuels

EMA Regulatory Counsel Contacts: Jeff Leiter and Jorge Roman

Friday, January 10, 2025 – In response to EMA’s request, and effective immediately, the Federal Motor Carrier Safety Administration (FMCSA) granted this evening a multistate Hours of Service (HOS) waiver for heating fuels, including heating oil, propane, and natural gas, through January 31, 2025, or the end of the emergency, whichever is earlier. The regional waiver includes the 48 lower states and the District of Columbia, and it results from distribution issues caused by the ongoing polar vortex weather event. FMCSA’s HOS waiver is for direct assistance in interstate transportation of heating fuels incident to the immediate restoration of essential supplies or services.

EMA and the National Propane Gas Association successfully partnered to advocate for federal intervention. “Our message was clear and heard: energy marketers play a crucial role in effectively responding to time-sensitive emergencies and safely restoring essential fuel supplies to communities across the country,” said EMA Vice-President Sherri Stone.

Important: The FMCSA waiver covers interstate shipment of heating fuels in and out of the jurisdictions listed in the waiver declaration. Note that loads that include fuel supplies related to direct assistance under the emergency declaration mixed with other, unrelated fuels are generally covered under the declaration and waiver. However, mixed loads with only a nominal quantify of qualifying heating fuels for emergency relief would not be covered.

Important: Further, FMCSA’s HOS waiver does not cover intrastate only shipments (deliveries that stay within the boundaries of a single state). State governors must issue waivers for intrastate shipments within their boundaries. As of this evening, 19 States had issued emergency declarations: CA, FL, GA, IA, KS, KY, MD, MS, MO, NH, NM, NC, OK, SC, TN, TX, VA, WV, and WI. All the emergency declarations can be viewed on https://www.fmcsa.dot.gov/emergency-declarations.

Click here to review and download FMCSA’s HOS waiver. Contact Sherri Stone (sstone@emamerica.org) or EMA Regulatory Counsel (jleiter@bmalaw.net) or Jorge Roman (jroman@bmalaw.net) with any questions.

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