Transportation Emergency Declaration

Federal Motor Carrier  Western Service Center Safety Administration  12600 West Colfax Avenue, Suite B-300 Lakewood, CO   80215
Southern Service Center 1800 Century Boulevard, Suite 1700 Atlanta, GA  30345
May 27, 2018
REGIONAL DECLARATION OF EMERGENCY UNDER 49 CFR § 390.23 No. 2018-0003
Alabama, Arkansas, Florida, Louisiana, Mississippi, Tennessee and Texas
In accordance with the provisions of 49 CFR § 390.23, the Field Administrator for the Federal Motor Carrier Safety Administration’s (FMCSA) Western Service Center and Regional Field Administrator for FMCSA’s Southern Service Center, hereby declare that an emergency exists that warrants issuance of a Regional Emergency Declaration in the States of Alabama, Arkansas, Florida, Louisiana, Mississippi, Tennessee, and Texas (Affected States) an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations (FMCSRs), except as otherwise restricted by this Emergency Declaration.  Such emergency is in response to the storm referred to as “Alberto” and its possible effects on people and property, including the immediate threat to human life or public welfare in the Affected States.
This Emergency Declaration is needed to address possible emergency conditions and provide necessary relief creating a need for immediate transportation of supplies, equipment and persons into and from those States. Additionally, this Emergency Declaration responds to anticipated fuel shortages in the Affected States, which will create a need for immediate transportation of fuel products, including gasoline, diesel fuels, kerosene, jet fuel, aviation fuel, aviation gasoline, propane and home heating oil, into and from the Affected States and jurisdictions and provides necessary relief.
This Emergency Declaration provides for regulatory relief for commercial motor vehicle operations while providing direct assistance supporting emergency relief efforts transporting supplies, equipment and persons into or from the Affected States or providing other assistance in the form of emergency services during the emergency resulting from the storm. Additionally, this Emergency Declaration provides for regulatory relief for commercial motor vehicle operations while providing direct assistance while transporting fuel products as described above into and from the Affected States.   Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services not directly supporting the emergency relief effort. Upon termination of direct assistance to the emergency relief effort, the motor carrier and driver are subject to the requirements of 49 CFR Parts 390 through 399.
Regional Declaration of Emergency No. 2018-0003 Page 2 of 2
Nothing contained in this Emergency Declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 CFR Part 382), the commercial driver’s license requirements (49 CFR Part 383), the financial responsibility (insurance) requirements (49 CFR Part 387), the hazardous material regulations (49 CFR Parts 100-180), applicable size and weight requirements, or any other portion of the regulations not specifically authorized pursuant to 49 CFR § 390.23.
Motor carriers or drivers currently subject to an out-of-service order are not eligible for the relief granted by this declaration until they have met the applicable conditions for its rescission and the order has been rescinded by FMCSA.
In accordance with 49 CFR § 390.23, this declaration is effective immediately and shall remain in effect for the duration of the emergency (as defined in 49 CFR § 390.5) or until 11:59 P.M. (ET), June 27th, 2018, whichever is less.
Terry D. Wolf, Field Administrator Federal Motor Carrier Safety Administration Western Service Center
Darrell L. Ruban, Regional Field Administrator Federal Motor Carrier Safety Administration Southern Service Center

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