SSC - KY- Extension of Emergency Declaration - No. 2025-011 - 11-21-2025
Federal Motor Carrier
Safety Administration
November 21, 2025
EXTENSION OF EMERGENCY DECLARATION
PURSUANT TO 49 CFR § 390.25
No. 2025-011
KENTUCKY
The United States Department of Transportation (USDOT), Federal Motor Carrier Safety Administration (FMCSA) declares that an emergency exists that warrants extension of the emergency declaration issued by the Governor of the State of Kentucky to continue emergency relief granted from certain regulatory requirements in the Federal Motor Carrier Safety Regulations (FMCSRs).1 This Extension of Emergency Declaration is in response to a plane crash resulting in an explosion, fire, and release of large quantities of fuel and hazardous materials, and the effect on people and property, including immediate threats to human life, public safety, or public welfare. This Extension of Emergency Declaration addresses the emergency conditions creating a need for immediate transportation relating to the emergency and provides necessary relief in the State of Kentucky.
On November 5, 2025, the Governor of the State of Kentucky issued a State of Emergency (No. 2025-758) related to the November 4, 2025 catastrophic plane crash near the Louisville Muhammad Ali International Airport in Louisville, Kentucky resulting in a massive explosion and fire, and release of approximately 38,000 gallons of fuel into the surrounding area threatening property, public safety, and public welfare. On or about November 19, 2025, the State of Kentucky requested FMCSA extend the emergency regulatory relief for commercial motor vehicle motor carriers and drivers providing direct assistance to the emergency containment, clean-up, and removal operations. Because emergency conditions have not abated, FMCSA is issuing this Extension of Emergency Declaration and granting regulatory relief in accordance with 49 CFR § 390.25 as set forth herein.
The Extension of 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 explosion, fire, and release of large quantities of petroleum products and necessitating transportation operations related to the immediate containment and removal of waste petroleum products from impacted areas. By execution of this Extension of Emergency Declaration, motor carriers and drivers providing direct assistance to the emergency in the State of Kentucky 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. The regulatory relief under this Extension of Emergency Declaration applies regardless of the origin of the trip, so long as the carrier or driver is providing direct assistance to the emergency in the State of Kentucky. Direct assistance does not include transportation related to long-term rehabilitation of damaged physical infrastructure after the initial threat to life and property has passed, nor does it include routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of the Declaration.
Emergency Declaration Restrictions & Conditions
By execution of this Extension of Emergency Declaration, motor carriers and drivers providing direct assistance to the emergency in the State of Kentucky as set forth herein are granted emergency relief from regulations in 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 (49 CFR Parts 350-399) including the controlled substance and alcohol uses and testing requirements (49 CFR Part 382), the commercial driver’s license requirements (49 CFR Part 383), or the financial responsibility (insurance) requirements (49 CFR Part 387); Federal Hazardous Materials Safety Regulations (HMRs) (49 CFR Parts 100-180); vehicle size, and weight limitations, as well as route designations administered by the Federal Highway Administration (23 CFR Part 658; 23 U.S.C. § 127; 49 U.S.C.§§ 31111-31115); or any 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 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(e)). Upon termination of direct assistance to emergency relief efforts related to the emergency as set forth in this Extension of the Emergency Declaration, the motor carrier and driver are subject to the requirements of 49 CFR § 395.3 while operating commercial motor vehicles in interstate commerce, 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, if the driver is transporting property, 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 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), December 19, 2025, whichever is earlier. FMCSA intends to continually review the status of this Declaration and the relief granted herein. As necessary, FMCSA may take action to modify this Extension of Emergency Declaration, including modification of the transportations and commodities covered by the Declaration, and extend, or terminate this Extension of Emergency Declaration if conditions warrant.
Issued this 21st day of November 2025
Derek D. Barrs
Administrator