Emergency Declaration Allows Truckers to Exceed Driving Limits Amid Heating Fuel Shortage
In response to a heating fuel supply disruption, the Federal Motor Carrier Safety Administration (FMCSA) has issued a regional emergency declaration that temporarily lifts certain restrictions on truck drivers transporting residential heating fuel. This declaration affects ten states, including Nebraska, and takes precedence over similar executive orders from several Midwestern governors, such as one issued by Nebraska Gov. Jim Pillen.
The waiver was prompted by a disruption in the “Mid-American Pipeline System” due to a break and operational issues, alongside an unanticipated refinery shutdown in Illinois. Although MidAmerican Energy Company, based in Iowa, was mentioned, a spokesperson clarified their infrastructure was unaffected. The declaration mistakenly referred to the Mid-America Pipeline System, which is owned by Enterprise Products Partners L.P.
Enterprise Products’ vice president of public relations, Rick Rainey, stated that there was no pipeline break. Instead, the issue was with product specifications within the line.
The Nebraska Propane Gas Association’s executive director, Lynne McNally, noted that Iowa and Kansas terminals were impacted, pushing trucks to Nebraska for propane. This increased terminal traffic led to fuel shortages and lengthy wait times.
“That counts toward your hours of service,” McNally explained, highlighting the challenge for drivers to deliver fuel without exceeding their regulated driving hours.
The FMCSA’s decision allows drivers transporting propane, natural gas, and heating oil to extend their driving hours until January 15, unless the emergency ends sooner. Besides Nebraska, the states affected include Illinois, Iowa, Kansas, Kentucky, Ohio, Minnesota, Missouri, Tennessee, and Wisconsin.
Federal regulations, specifically 49 CFR part 395.3, aim to prevent driver fatigue but are often waived during emergencies, particularly in winter. Governor Pillen has issued five similar waivers since 2023.
“It seems strange because the weather’s been very good,” McNally remarked, “but because of the pipeline issues, an hours-of-service waiver was necessary to be issued.”
Greenwood, Nebraska, remains a pivotal refueling point, as noted by McNally. Meanwhile, Nebraska Trucking Association president Kent Grisham reassured that the extended hours provide flexibility without compromising safety.
“It really just adds flexibility,” Grisham said, adding that fatigued drivers are not permitted to continue driving despite the waiver.
Grisham also mentioned that most drivers operate within a 500-mile radius of the fuel terminals, avoiding long-distance hauls. “We’re not talking about someone who is going to be driving across multiple states from coast to coast,” he clarified.
Rural communities reliant on propane face the most significant challenges due to the fuel shortage, McNally noted. “Propane is considered typically a rural fuel because it’s very portable,” she explained, emphasizing its importance for residents in areas lacking extensive gas lines.
