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Amended Regional Emergency Declaration-Irma-Jose-Maria-09-19-2017

Federal Motor Carrier Safety Administration

September 19, 201 7

Southern Service Center
1800 Century Boulevard, Suite 1700
Atlanta, GA 30345

Eastern Service Center
802 Cromwell Park Drive, Suite N
Glen Burnie, MD 21601

AMENDED REGIONAL EMERGENCY DECLARATION UNDER 49 CFR § 390.23

ALABAMA, CONNECTICUT, DELAWARE, DISTRICT OF COLUMBIA, FLORIDA, GEORGIA, MAINE, MARYLAND, MASSACHUSETTS, MISSISSIPPI, NEW HAMPSHIRE, NEW JERSEY, NEW YORK, NORTH CAROLINA, PENNSYLVANIA, RHODE ISLAND, SOUTH CAROLINA, TENNESSEE, VERMONT, VIRGINIA, WEST VIRGINIA, COMMONWEALTH OF PUERTO RICO AND THE TERRITORY OF THE U.S. VIRGIN ISLANDS

In accordance with the provisions of 49 CFR § 390.23, the Regional Field Administrator for the Federal Motor Carrier Safety Administration's (FMCSA) Eastern Service Center, hereby declares 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 by this Emergency Declaration. Such emergency is in response to Hurricanes Irma, Jose and Maria and their anticipated effects on people and property, including the immediate threat to human life or public welfare.

On September 5, 2017, President Donald J. Trump declared that an emergency exists in the State of Florida, the Commonwealth of Puerto Rico and the territory of the U.S. Virgin Islands, and ordered Federal assistance to supplement response efforts due to the emergency conditions resulting from Hurricane Irma. On September 6-7, 2017, FM CSA issued a Regional Declaration of Emergency covering the States and jurisdictions of Alabama, Connecticut, Delaware, District of Columbia, Florida, Georgia, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West Virginia and the Commonwealth of Puerto Rico and the territory of the U.S. Virgin Islands.

Two additional storms, Hurricane Jose and Hurricane Maria, have formed in the Atlantic Ocean, and are moving towards the U.S. Virgin Islands, Puerto Rico and the United States. Tropical Storm warnings have been issued for portions of southern New England due to  Hurricane Jose, and hurricane warnings are in effect for portions of the U.S. Virgin Islands and Puerto Rico.

This Emergency Declaration addresses existing and anticipated emergency conditions creating a need for immediate transportation of supplies, equipment and persons and provides necessary relief. Affected States and jurisdictions included in this Emergency Declaration are: Alabama, Connecticut, Connecticut, Delaware, the District of Columbia, Florida, Georgia, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West Virginia and the Commonwealth of Puerto Rico and the territory of the U.S. Virgin Islands.

By execution of this Emergency Declaration, motor carriers and drivers providing direct assistance to the emergency in the Affected States and jurisdictions in direct support of relief efforts related to Hurricanes Irma, Jose and/or Maria 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 and equipment into the Affected States and jurisdictions or transporting persons into or from the Affected States and jurisdictions or providing other assistance in the form of emergency services during the emergency in the Affected States and jurisdictions resulting from Hurricanes Irma, Jose and/or Maria. 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.

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 3 87), the hazardous materials 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), October 5, 2017, whichever is less.

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

Curtis L.Thomas, Regional Field Administrator
Federal Motor Carrier Safety Administration
Eastern Service Center

Regional Declaration of Emergency

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