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HAWAII: Regional Emergency Declaration and an Exemption from Parts 390 through 399 of the FMCSRs

August 23, 2018

Federal Motor Carrier Safety Administration
Western Service Center
12600 W. Colfax Avenue, Suite B-300
Lakewood, CO 80215

REGIONAL EMERGENCY DECLARATION
UNDER 49 CFR § 390.23
No. 2018-005

HAWAII

In accordance with the provisions of 49 CFR § 390.23, the Field Administrator for the Federal Motor Carrier Safety Administration's (FMC SA) Western 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 Hurricane Lane and its anticipated effects on people and property, including the immediate threat to human life or public welfare. On August 21, 2018, in anticipation of the danger of a disaster occurrence of high winds, heavy rains, high surf, storm surge and flooding that threatens to cause extensive damage to public and private property throughout the State of Hawaii endangering the health, safety and welfare of the people of the State from Hurricane Lane, the Governor issued an Emergency Proclamation. This Emergency Declaration is needed to address anticipated emergency conditions creating a need for immediate transportation of supplies, equipment and persons, and provides necessary relief.

By execution of this Emergency Declaration, motor carriers and drivers providing direct assistance to the emergency in the State of Hawaii in direct support of relief efforts related to Hurricane Lane 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, equipment, fuel and persons into the State of Hawaii, transporting persons from the State of Hawaii or providing other assistance in the form of emergency services during the emergency in the State of Hawaii from Hurricane Lane. 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. However, ifthe driver informs the motor carrier that he or she needs immediate rest, the driver must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier's terminal or the driver's normal reporting location. Once the driver has returned to the terminal or other location, the driver must be relieved of all duty and responsibilities and must receive a minimum of 10 hours off duty if transporting property, and 8 hours if transporting passengers.

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 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), September 21, 2018, whichever is less.

Terry D. Wolf, Field Administrator
Federal Motor Carrier Safety Administration
Western Service Center
Regional Emergency Declaration No. 2018-005

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