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FMCSA Waives HOS Rules For Fuel Haulers After Fire Threatens Supply In Multiple States

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August 31, 2022

FMCSA Waives HOS Rules For Fuel Haulers After Fire Threatens Supply In Multiple States

The FMCSA issued an emergency declaration that provides regulatory relief for certain fuel haulers following the unexpected closure of a major oil refinery in Indiana.

A fire occurred at the BP oil refinery in Whiting, Indiana on August 24, 2022, which resulted in a loss of the facility’s electrical power and cooling systems. Thankfully, no injuries were reported. The oil refinery provides about 435,000 barrels per day, providing 20% to 25% of the gas, along with jet fuel and diesel fuel used in Wisconsin, Michigan, Illinois, and Indiana. Michigan Governor Gretchen Whitmer’s office stated: “while efforts are underway to find ways to replace the supply from the Whiting refinery, disruptions in the fuel supply are likely.”

FMCSA’s Response

The FMCSA responded by issuing a regional emergency declaration providing regulatory relief from 49 CFR § 395.3, which focuses on the maximum driving time for property-carrying vehicles. The declaration applies to motor carriers and drivers providing direct assistance to the emergency in the affected states of Illinois, Indiana, Michigan, and Wisconsin in direct support of relief efforts related to the shortages of gasoline, diesel, and jet fuel.

The FMCSA noted that: “direct assistance does not include routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of this emergency declaration.” The regulatory relief is valid through September 10, 2022, or the end of the fuel supply emergency, whichever comes first.

Protecting the Fuel Supply

Additionally, Whitmer took the following actions to protect the fuel supply in the state of Michigan:

  1. Lifts Hours of Service Rules: exempts motor carriers and drivers transporting gas and diesel from compliance with the maximum weekly driving and on-duty limits, ensuring that these limits will not hinder the delivery of gas and diesel to stations in Michigan. 
  2. Suspends Vapor Pressure Requirements: temporarily suspends certain laws and regulations to accelerate the transition to the fall fuel supply and takes advantage of existing stocks of fuel, contingent on the Environmental Protection Agency making similar changes.

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