FMCSA is accepting comments through October 26 on renewing the process used to request extensions or modifications of emergency exemptions under 49 CFR 390.25.
FMCSA published the notice on August 25
The Federal Motor Carrier Safety Administration published a notice and request for comments in the Federal Register on August 25, 2026. The agency plans to seek Office of Management and Budget approval to renew the information collection titled Emergency Exemptions Under 49 CFR 390.25. The notice is docket FMCSA-2026-2476, Federal Register document 2026-17341, at 91 FR 54914.
Comments are due October 26
FMCSA says comments must be received on or before October 26, 2026. Submissions may be made through Regulations.gov using docket FMCSA-2026-2476 or through the other methods listed in the notice. The agency asks commenters to identify the section at issue, explain the reason for each recommendation, and avoid duplicate submissions. Comments, including personal information provided, generally become part of the public docket.
What the information collection covers
Section 390.25 provides a written process for an individual, motor carrier, or state to ask FMCSA to extend or modify an emergency exemption. It also allows the agency to impose reporting requirements on a person or carrier operating under an extended or modified exemption. The current notice concerns the paperwork and estimated burden associated with those requests and reports.
The notice does not create a new emergency exemption
This action is an Information Collection Request renewal under the Paperwork Reduction Act. It does not itself declare an emergency, extend an existing declaration, or change the hours-of-service rules for the general trucking population. Drivers and carriers should continue using the terms, geographic scope, eligible assistance, dates, and reporting requirements in the specific declaration or FMCSA action that applies to an operation.
How the automatic exemption works
FMCSA explains that 49 CFR 390.23 can create a 14-day exemption from specified hours-of-service requirements when a governor or FMCSA issues a qualifying emergency declaration and a motor carrier or driver provides direct assistance to supplement state or local emergency-relief efforts. The definitions, triggering declaration, direct-assistance requirement, limitations, and termination provisions matter; an emergency near a route does not automatically exempt every load or every driver.
FMCSA publishes its burden estimates
The notice estimates 25 extension and modification requests per year and 15 minutes per response. It lists an estimated total annual burden of 1,437 hours for the collection, which also covers respondents who may be required to comply with reporting requirements under an extended or modified exemption. Commenters may address whether the collection is necessary, whether the burden estimate is accurate, and how FMCSA could improve clarity or reduce burden without reducing information quality.
The approval currently expires January 31, 2027
The existing OMB approval, control number 2126-0077, is scheduled to expire on January 31, 2027. FMCSA is requesting renewal so it can continue collecting information needed to decide whether emergency relief remains necessary or should be narrowed. Renewal of the information collection is administrative approval to continue the collection; it should not be reported as a new operational exemption.
What carriers should preserve during an emergency
A carrier relying on emergency relief should retain the controlling declaration, route and load information, dispatch instructions, time records, the connection between the trip and direct assistance, any extension or modification, and reports required by FMCSA or another authority. Train dispatchers to check the live declaration rather than reuse a summary from an earlier event. When the qualifying direct assistance ends, ordinary requirements may resume even if disaster recovery continues broadly.
Primary-source note
This report summarizes the Federal Register notice published August 25, 2026 and the current eCFR provisions cited by FMCSA. The notice seeks comments on renewing an information collection; it is not a final rule changing hours-of-service limits. The official docket, current regulation, applicable emergency declaration, and any later OMB or FMCSA action control.
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Official sources
Federal Register notice: Emergency Exemptions Under 49 CFR 390.25, August 25, 2026Regulations.gov docket FMCSA-2026-247649 CFR 390.23: Relief from regulations during emergencies49 CFR 390.25: Requests to extend or modify emergency exemptionsCDL Truck Pro provides educational information. Confirm licensing, safety, tax, and regulatory requirements through current official sources and qualified professionals.