Extension of Regional Emergency Declaration Under 49 CFR § 390.25 No. 2022-005 (June 30, 2022)
|FAQs Regarding: Regional Emergency Declaration - Baby Formula - 05-23-2022|
Federal Motor Carrier Safety Administration
June 30, 2022
EXTENSION OF REGIONAL EMERGENCY DECLARATION UNDER 49 CFR § 390.25 No. 2022-005
THE FIFTY UNITED STATES OF AMERICA AND THE DISTRICT OF COLUMBIA
The Federal Motor Carrier Safety Administration (FMCSA) hereby declares that an emergency exists that warrants extension of Regional Emergency Declaration No. 2022-005 and continuing the exemption from certain regulatory requirements in Part 395 of the Federal Motor Carrier Safety (FMCSRs), except as otherwise restricted in this extension of the Regional Emergency Declaration. Such emergency is in response to product recall and unplanned closures of a key manufacturing facility of baby formula, an essential supply. On May 18, 2022, the President of the United States invoked the Defense Production Act to increase baby formula production and requiring suppliers to direct ingredients to baby formula manufacturers as a priority. This extension of Regional Emergency Declaration No. 2022-005 is issued pursuant to 49 CFR §390.25 and addresses ongoing emergency conditions creating a need for immediate transportation of baby formula, ingredients for the production of baby formula including but not limited to whey, casein, corn syrup and hydrolyzed protein, and containers and packaging for baby formula, and provides necessary relief.
By execution of this extension of Regional Emergency Declaration No. 2022-005, motor carriers and drivers providing direct assistance to the emergency in direct support of relief efforts related to the emergency as set out in this declaration are granted 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 this emergency declaration. To be eligible for relief from 49 CFR § 395.3, the transportation must incident to the immediate restoration of baby formula supplies.
Emergency Declaration Restrictions & Conditions
By execution of this extension of Regional Emergency Declaration No. 2022-005, motor carriers and drivers providing direct assistance to the nationwide emergency are granted emergency relief from 49 CFR § 395.3, maximum driving time for property-carrying vehicles, subject to the following restrictions and conditions:
- Nothing in this extension of Emergency Declaration 2022-005 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.
- 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 2022-005 until they have met the applicable conditions for its rescission and the order has been rescinded in writing by the issuing jurisdiction.
- This extension of Emergency Declaration 2022-005 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 Emergency Declaration 2022-005, 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 2022-005, 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 14 hours.
In accordance with 49 CFR § 390.25, this extension of Emergency Declaration 2022-005 is effective immediately 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), July 31, 2022, whichever is earlier. FMCSA intends to continually review the status of this Emergency Declaration and may take action to extend, modify or terminate the Emergency Declaration if conditions warrant.
1 This Emergency Declaration No. 2022-005 is posted at https://www.fmcsa.dot.gov/emergency-declarations.