SSC-MSC-WSC - Regional Emergency Declaration 2019-003 - Tropical Cyclone 2 - 07-11-2019

Federal Motor Carrier Safety Administration
July 11, 2019

Western Service Center
12600 W. Colfax Ave., Ste. B-300
Lakewood, CO 80215

Southern Service Center
1800 Century Blvd., Ste. 1700
Atlanta, GA 20245

Midwestern Service Center
4749 Lincoln Mall Drive, Ste. 300A
Matteson, IL 60443

REGIONAL EMERGENCY DECLARATION UNDER 49 CFR § 390.23
No. 2019-003

ALABAMA, ARKANSAS, FLORIDA, GEORGIA, ILLINOIS, INDIANA, KANSAS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, OKLAHOMA, TENNESSEE AND TEXAS

In accordance with the provisions of 49 CFR § 390.23, the Regional Field Administrators for the Federal Motor Carrier Safety Administration's (FMCSA) Southern, Midwestern and Western Service Centers hereby declare that an emergency exists that warrants issuance of a Regional Emergency Declaration and an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations (FMCSRs), except as otherwise restricted in this Emergency Declaration. Such emergency is in response to Tropical Cyclone 2, and its current and anticipated effects on people and property, including immediate threat to human life or public welfare from heavy rains, high surf, flooding and high winds. This Declaration addresses the emergency conditions creating a need for immediate transportation of supplies, equipment, fuel and persons and provides necessary relief. Affected States included in this Emergency Declaration are: Alabama, Arkansas, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, Tennessee and Texas.

By execution of this Emergency Declaration, motor carriers and drivers providing direct assistance to the emergency in the Affected States in direct support of relief efforts related to Tropical Cyclone 2 are granted emergency relief from Parts 390 through 399 of Title 49 Code of Federal Regulations except as restricted herein.

This Emergency Declaration provides for regulatory relief for commercial motor vehicle operations while providing direct assistance supporting emergency relief efforts transporting supplies, equipment, fuel and persons into and from the Affected States or providing other assistance in the form of emergency services during the emergency in the Affected States from Tropical Cyclone 2. 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 or when the motor carrier dispatches a driver or commercial motor vehicle to another location to begin operations in commerce. 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, except that a driver may return empty to the motor carrier's terminal or the driver's normal work reporting location without complying with Parts 390 through 399. However, if the driver informs the motor carrier that he or she needs immediate rest, the driver must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier's terminal or the driver's normal reporting location. Once the driver has returned to the terminal or other location, the driver must be relieved of all duty and responsibilities and must receive a minimum of 10 hours off duty if transporting property, and 8 hours if transporting passengers.

Nothing contained in this Emergency Declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 CPR Part 382), the commercial driver's license requirements (49 CPR Part 383), the financial responsibility (insurance) requirements (49 CFR Part 387), the hazardous material regulations (49 CPR 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), August 10, 2019, whichever is less.

Darrell L. Ruban, Regional Field Administrator
Federal Motor Carrier Safety Administration
Southern Service Center

Darin G. Jones, Regional Field Administrator
Federal Motor Carrier Safety Administration
Midwest Service Center

Scott G. Hernandez, Regional Field Administrator
Federal Motor Carrier Safety Administration
Western Service Center

Notice of Enforcement Discretion Determination - Emergency Declaration 2019-003 - 07-11-2019

Federal Motor Carrier Safety Administration

July 11, 2019

1200 New Jersey Ave. SE
Washington, D.C. 20590

NOTICE OF ENFORCEMENT DISCRETION DETERMINATION

This is a Notice that the Federal Motor Carrier Safety Administration has exercised agency discretion and determined not to enforce the Temporary Operating Authority Registration fee provisions of 49 C.F.R. 360.3T(d)(2) and (t)(6) against those motor carriers requesting Temporary Operating Authority Registration in order to provide direct assistance to emergency relief efforts pursuant to the Regional Emergency Declaration 2019-003, dated July 11, 2019, issued by FMCSA's Regional Field Administrators for the Southern, Midwestern and Western Service Centers, including any future amendments or extensions or limitations to that notice. This Notice will expire upon the termination or expiration of Regional Emergency Declaration 2019-003, including any future amendments and extensions.

This Notice:

  1. Acknowledges the current and anticipated damage from heavy rains, high surf, flooding and high winds in the Affected States as set forth in Regional Declaration of Emergency 2019-003;
  2. Considers the interests of public safety and the immediate need to alleviate the effects of the flooding;
  3. Creates no individual rights of action and establishes no precedent for future determinations;
  4. Is inapplicable to motor carriers whose operating authority registration is suspended or revoked.

Raymond P. Martinez, Administrator
Federal Motor Carrier Safety Administration