STATE OF MISSISSIPPI

Office of the Governor

EXECUTIVE ORDER NO. 1582

WHEREAS, on September 10, 2024, pursuant to the Constitution of the State of Mississippi and Miss. Code Ann.§ 33-15-ll(b)(17), I issued a Proclamation declaring that a State of Emergency exists in the State of Mississippi due to the impact of Tropical Storm/Hurricane Francine beginning on September 9, 2024, and continuing; and

WHEREAS, 49 C.F.R § 390.23 authorizes a state governor, following the declaration of a State of Emergency, to waive certain provisions of Parts 390 through 399 of Title 49, Federal Motor Safety Regulations, including relief from Title 49, Part 395.3 and 395.5 of the Federal Motor Carrier Safety Regulations for motor carriers providing direct assistance to disaster relief efforts incident to the immediate restoration of essential services or providing essential supplies in the State of Mississippi. This includes, but is not limited to power grid repairs, storm debris removal and the delivery of groceries, fuel, propane, and other essential products. The waiver for such an event shall terminate at the earliest of (1) the conclusion of the motor carrier's or driver's direct assistance in providing emergency relief; (2) fourteen (14) days from the date of the initial declaration of emergency; (3) the issuance of a proclamation terminating this state of emergency, or (4) any other time dictated by the FMCSA's Regulations.

NOW, THEREFORE, I, Tate Reeves, Governor of the State of Mississippi, pursuant to the authority vested in me under the Mississippi Constitution, the Mississippi Emergency Management Law as amended, Miss. Code Ann.§ 33-15-1 et seq., 49 C.F.R. Section 390.23, and in the public interest and for the general welfare, do hereby exempt any motor carrier or driver operating a commercial motor vehicle utilized for the provision of direct assistance incident to the immediate restoration of essential services or providing essential supplies from Title 49, Parts 395.3 and 395.5 of the Federal Motor Carrier Safety Regulations. Motor carriers that have an out of service order may not take advantage of the relief from regulations that this Order provides under 49 C.F.R. Section 390.23. Further, no motor carrier operating under the terms of this Order shall require or allow an ill or fatigued driver to operate a motor vehicle. This Executive Order shall be effective from the date of the declaration of this State of Emergency on September 10, 2024, and shall terminate at the earliest of (1) the conclusion of the motor carrier's or driver's direct assistance in providing emergency relief; (2) fourteen (14) days from the date of the initial declaration of emergency; (3) the issuance of a proclamation terminating this state of emergency, or (4) any other time dictated by the FMCSA's Regulations.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Mississippi to be affixed.

DONE in the City of Jackson, on the 10th day of September, in the year of our Lord, two thousand and twenty-four, and of the Independence of the United States of America, the two hundred and forty-ninth.

TATE REEVES
GOVERNOR

BY THE GOVERNOR

MICHAEL WATSON
SECRETARY OF STATE