PIERRE, S.D. – Governor Larry Rhoden’s request for South Dakota’s inclusion in a current regional Federal Motor Carrier Safety Administration (FMCSA) emergency declaration was granted, effective through June 30. This waiver addresses ongoing fuel shortages affecting South Dakota and other Midwest states by extending relief conditions from a previous Governor’s Executive Order that would have expired at Midnight May 29.
Due to a combination of factors — including higher-than-usual fuel demand for spring planting, refinery changes to summer fuel blends, pipeline maintenance, and terminal outages — several states are facing difficulty getting enough gasoline, diesel, and blended fuels. These problems were first reported by Iowa, Kansas, and Nebraska, and the Energy Marketers of America asked for federal regulatory relief on May 13, 2025.
On May 23, South Dakota officially notified the FMCSA that it, too, was experiencing the same supply issues. The state requested to be included in Emergency Declaration 2025-007.2 — a request that was granted.
This declaration provides relief from 49 CFR § 395.3, which limits driving hours for commercial drivers of property-carrying vehicles. The exemption applies to drivers directly involved in delivering motor fuels (including diesel, gasoline, and gasoline and biodiesel blends) to customers in Iowa, Kansas, Nebraska, and South Dakota affected by the shortages.
With this action, commercial motor vehicle drivers transporting fuel are temporarily exempt from federal hours-of-service limits, helping speed up deliveries and stabilize fuel supply during this critical time.
This declaration is effective immediately and will remain in place until 11:59 p.m. ET on June 30, 2025.
Governor Rhoden’s Executive Order remains in effect, and the state will continue coordinating with federal and regional partners to support fuel supply and transportation needs across South Dakota.
