October 24, 2005

On August 29, 2005, the President of the United States issued Declarations of Emergency for the States of Louisiana, Florida, Alabama and Mississippi due to Hurricane Katrina. On September 2, the President issued similar declarations for the States of Texas and Arkansas. Under 49 CFR 390.23, these declarations automatically triggered relief from 49 CFR Parts 390-399 for motor carriers and drivers providing direct assistance in emergency relief, regardless of commodity, until the end of the declared emergency or for 30 days, whichever is less.

On September 22, 2005, the President of the United States issued Declarations of Emergency for the States of Louisiana and Texas due to Hurricane Rita. Under 49 CFR 390.23, these declarations automatically triggered relief from 49 CFR Parts 390-399 for motor carriers and drivers providing direct assistance in emergency relief, regardless of commodity, until the end of the declared emergency or for 30 days, whichever is less.

On September 20, 2005, the Governor of the State of Louisiana declared that an emergency exists in that State due to Hurricane Rita and extended Louisiana's declaration of emergency through November 24, 2005. On October 3, 2005, the Governor of the State of Texas declared that an emergency exists in that State due to Hurricane Katrina and extended Texas's declaration of emergency through [November 19], 2005. Under 49 CFR 390.25, an extension of relief from federal regulations can be made for up to 30 days by the FMCSA field administrator.

On October 19, 2005, the Governor of the State of Florida declared that an emergency exists in that State due to Hurricanes Katrina and Rita and declared a new state of emergency due to Hurricane Wilma, which made landfall in Florida on October 24. On October 20, 2005, the State of Mississippi requested relief from federal regulations in its emergency recovery from Hurricane Katrina.

Under 49 CFR 390.25, I find that an extension in these States of the relief from 49 CFR Parts 390-399 for motor carriers and drivers providing direct assistance in emergency relief, regardless of commodity, is necessary due to the severity of emergency needs and the appropriate coordination of State and Federal responses. Subject to further extension as conditions may require, I declare a regional emergency exists in the following States from today through the dates listed:

• In Louisiana, through November 22, 2005
• In Texas, through [Novemeber 19], 2005
• In Florida, through November 22, 2005
• In Mississippi, through November 22, 2005

Motor carriers and drivers are reminded that relief from 49 CFR Parts 390-399 applies only to direct assistance in emergency relief, as defined in 49 CFR 390.5. Parts 390-399 fully apply to all other commercial motor vehicle operations and to States where declarations of emergency have not been extended.

Signed,

Jerry L. Cooper
Field Administrator
Southern Service Center