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United States Department of Transportation United States Department of Transportation

SSC - REGIONAL EMERGENCY DECLARATION UNDER 49 CFR § 390.23 No. 2020-003

Federal Motor Carrier Safety Administration
Southern Service Center
1800 Century Blvd., Suite 1700

Atlanta, GA 20245

April 13, 2020

REGIONAL EMERGENCY DECLARATION
UNDER 49 CFR § 390.23

No. 2020-003

ALABAMA, ARKANSAS, FLORIDA, GEORGIA, KENTUCKY, LOUISIANA,
MISSISSIPPI, NORTH CAROLINA, SOUTH CAROLINA AND TENNESSEE

In accordance with 49 CFR § 390.23, the Regional Field Administrator for the Federal Motor Carrier Safety Administration’s (FMCSA) Southern 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 in this Emergency Declaration. Such emergency is in response to severe storms across the Affected States, and the effects on people and property, including immediate threat to human life or public welfare from tornados, high winds, heavy rains, and flooding. This Declaration addresses the emergency conditions creating a need for immediate transportation of supplies, equipment, fuel and persons and provides necessary relief. Affected States included in this Emergency Declaration are:  Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina and Tennessee.

On April 12 and 13, 2020, severe storms, including tornados, heavy winds and heavy rains, occurred across the Affected States resulting in fatalities, injuries and extensive property damage. By execution of this Emergency Declaration, motor carriers and drivers providing direct assistance to the emergency in the Affected States in direct support of relief efforts related to the severe storms 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, goods, equipment and fuel into the Affected States, and transporting persons into and from the Affected States, or providing other assistance in the form of emergency services during the emergency in the Affected States from the severe storms. Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services not in support of emergency relief efforts related to the severe storms, 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 severe storms in the Affected States, 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. When a driver is moving from emergency relief efforts to normal operations a 10-hour break is required when the total time a driver operates Regional Emergency Declaration No. 2020-003 Page 2 of 2 conducting emergency relief efforts, or a combination of emergency relief and normal operation, equals 14 hours.

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 387), 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), May 13, 2020, whichever is less.

Darrell L. Ruban,
Regional Field Administrator

Federal Motor Carrier Safety Administration

Southern Service Center

Last updated: Monday, April 13, 2020