Extension of Emergency Declaration Under 49 CFR § 390.25 - No. 2022-012 (Oregon)

Federal Motor Carrier Safety Administration                        

September 26, 2022 

EXTENSION OF EMERGENCY DECLARATION UNDER 49 CFR § 390.25
No. 2022-012

OREGON

The Federal Motor Carrier Safety Administration (FMCSA) hereby declares that an emergency exists that warrants extension of the emergency declaration issued by the Governor of the State of Oregon and continuing the emergency relief granted for certain regulatory requirements in Part 395 of the Federal Motor Carrier Safety Regulations (FMCSRs) as set forth herein.  

On August 27, 2022, due to wildfires and critical fire danger resulting from high temperatures, wind, storms with dry lightning and persistent drought, the Governor of the State of Oregon issued a declaration of a statewide emergency (See Executive Order 22-17).  The emergency regulatory relief under 49 CFR § 390.23 related to that declaration expires on September 26, 2022.  On or about September 14, 2022, the State of Oregon requested FMCSA extend the emergency relief from 49 CFR § 395.3 for commercial motor vehicle drivers providing direct assistance to the emergency.  Because emergency conditions have not abated, FMCSA is extending the State emergency declaration issued on August 27, 2022 and granting regulatory relief in accordance with 49 CFR § 390.25 as set forth herein. 

The Extension of the Emergency Declaration provides regulatory relief for commercial motor vehicle operations while providing direct assistance supporting emergency relief efforts related to the emergency resulting from the severe wildfires and critical fire danger in the State of Oregon.  By execution of this Extension of the Emergency Declaration, motor carriers and drivers providing direct assistance to the wildfire emergency in the State of Oregon are granted emergency relief from 49 CFR § 395.3, maximum driving time for property-carrying vehicles, subject to the restrictions and conditions set forth herein.¹ Direct assistance does not include routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of the emergency declaration.

Emergency Declaration Restrictions & Conditions

By execution of this Extension of the Emergency Declaration 2022-012, motor carriers and drivers providing direct assistance to the wildfire emergency in the State of Oregon are granted emergency relief from 49 CFR § 395.3, maximum driving time for property-carrying vehicles, subject to the following restrictions and conditions:

1. Nothing in this Extension of Emergency Declaration shall be construed as a waiver of or exemption from any applicable requirements or any portion of the FMCSRs or other regulations for which relief is not specifically granted herein.  
2. Motor carriers or drivers currently subject to an out-of-service order are not eligible for the relief granted by this Extension of Emergency Declaration until they have met the applicable conditions for its rescission and the order has been rescinded in writing by the issuing jurisdiction. 
3. This Extension of Emergency Declaration provides for regulatory relief from 49 CFR § 395.3 for commercial motor vehicle operations while providing direct assistance supporting emergency relief efforts.  Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts related to the emergency as set forth in this Extension of the Emergency Declaration, or when the motor carrier dispatches a driver or commercial motor vehicle to another location to begin operations in commerce.  (49 CFR § 390.23(b)).  Upon termination of direct assistance to emergency relief efforts related to the emergency as set forth in this Extension of Emergency Declaration, the motor carrier and driver are subject to the requirements of 49 CFR § 395.3 while operating commercial motor vehicles, except that a driver may return empty to the motor carrier’s terminal or the driver’s normal work reporting location without complying with 49 CFR § 395.3, except as noted herein.  When a driver is moving from emergency relief efforts to normal operations, a 10-hour break is required when the total time a driver is engaged in emergency relief efforts, or in a combination of emergency relief and normal operations, equals or exceeds 14 hours.  

In accordance with 49 CFR § 390.25, this Extension of Emergency Declaration is effective at 12:00 a.m. (ET) on September 27, 2022 and shall remain in effect until the end of the emergency (as defined in 49 CFR § 390.5T) or until 11:59 P.M. (ET), October 31, 2022, whichever is earlier.  FMCSA intends to continually review the status of this Extension of the Emergency Declaration and may take action to extend, modify, or terminate the Extension of the Emergency Declaration if conditions warrant.         

Issued this 26th day of September 2022

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

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¹ This extension of the Emergency Declaration is posted at https://www.fmcsa.dot.gov/emergency-declarations.