Federal Motor Carrier
Eastern Service Center|
802 Cromwell Park Dr. Suite N
Glen Burnie, Maryland 21061
In Reply Refer To: MC-EFE-SV
October 28, 2012
DECLARATION OF REGIONAL EMERGENCY NOTICE
49 CFR §390.23
|As of 11:59 p.m. eastern standard time (EST) on November 27, 2012, the Federal exemption from safety regulations has expired. After that time, anyone still providing interstate transportation services related to the emergency must comply with the Federal Motor Carrier Safety Regulations including driver qualification requirements, hours-of-service requirements, and maintenance requirements. Please note that motor carriers and drivers who were providing emergency services may continue to receive relief from regulations during their trip home if they comply with the provisions of 49 CFR 390.23(b). Please also note that utility service vehicles continue to have relief from the hours-of-service regulations under 49 CFR 395.1(n).|
Effective November 7, 2012, Curtis L. Thomas, Regional Field Administrator of the Federal Motor Carrier Safety Administration, extends this Declaration of Regional Emergency for the duration of the emergency (as defined in 49 CFR Part 390.5) or until 11:59 p.m., EST, November 27, 2012, whichever is less.
Pursuant to Title 49 CFR Part 390.23, I, Curtis L. Thomas, Regional Field Administrator of the Federal Motor Carrier Safety Administration, declare a regional emergency exists that justifies an exemption from Part 390 through 399 of the Federal Regulations (Federal Motor Carrier Safety Regulations). Such emergency is in response to Hurricane Sandy and its possible effects on
people and property, including an immediate threat to human life or public welfare in the Eastern United States.
The emergency exemption is issued as a result of extreme weather conditions, shortages, and interruptions in the availability and/or delivery and repair of services and property throughout the States affected in the Eastern Region to include the following: Connecticut, Delaware, the District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia and West Virginia. It is effective beginning October 29, 2012.
This declaration of emergency provides relief for commercial motor vehicles operations while providing these emergency materials and services to customers in the above mentioned states during the emergency. This exemption applies only to those operations providing direct assistance to the emergency relief effort. Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services not destined for the emergency relief effort or when the motor carrier operation dispatches such driver or vehicle to another location to begin operations in furtherance of commerce.
Nothing contained in this 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), applicable size and weight requirements, or any other portion of the regulations not specifically identified.
Motor carriers or drivers currently subject to an out-of-service order are not eligible for the exemption until the order expires or they have met the conditions for its rescission. Drivers for motor carriers operating under this declaration must have a copy of the declaration in their possession.
Consistent with Title 49 CFR Part 390.23, the emergency notice will remain in effect for the duration of the emergency (as defined in Title 49 CFR Part 390.5) or 15 days (11:59 p.m., EST, November 12, 2012) whichever is less.
Curtis L. Thomas
Regional Field Administrator
Declarations of Emergency by States
FMCSA is coordinating with the following states that issued Emergency Declarations in anticipation of Hurricane Sandy on the following dates:
- November 9, 2012
- October 29, 2012
- October 28, 2012
- October 27, 2012
- October 26, 2012