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Alberto Regional Emergency Declaration_5-26-2018

Regional Declaration of Emergency No. 2018-0003

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.

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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