TEXAS DEPARTMENT OF PUBLIC SAFETY
5805 N LAMAR BLVD • BOX 4087 • AUSTIN, TEXAS 78773-0001
December 29, 2017
DECLARATION OF EMERGENCY NOTICE
(TITLE 49, CODE OF FEDERAL REGULATIONS, PART 390.23)
Pursuant to Title 49, Code of Federal Regulations (CFR), Part 390.23 and Chapter 644 of the Texas Transportation Code, Colonel Steven C. McCraw, Director of the Texas Department of Public Safety, has declared a local emergency exists which justifies an exemption from Parts 390 through 399 of Title 49 (Federal Motor Carrier Safety Regulations). Such emergency declaration is in response to the severe weather conditions in the State of Texas.
Declaration of this emergency provides relief from Title 49, CFR, Part 395.3 of the Federal Motor Carrier Safety Regulations for motor carriers in Texas providing direct assistance to the delivery of propane and home heating oils to storage facilities and homes in the State of Texas.
Nothing contained herein shall be construed as an exemption from the Controlled Substances and Alcohol Use and Testing Requirements of Title 49, CFR, Parts 40 and 382; Commercial Drivers License requirements of Title 49, CFR, Part 383 and Chapter 522 of the Texas Transportation Code; the Financial Responsibility requirements in Title 49, CFR, Part 387 and Chapters 601 and 643 of the Texas Transportation Code; the Hazardous Material Transportation Regulations of Title 49, CFR, Parts 107 (Subpart G), 171, 172, 173, 177, 178, and 180; or the applicable State of Texas size, weight, or traffic safety regulations.
Motor carriers that have an Out-of-Service Order in effect cannot take advantage of the relief from the regulations that this declaration provides under Title 49, CFR, Part 390.23.
Consistent with Title 49, CFR, Part 390.23, the emergency declaration will take effect at 12:01 a.m., December 30, 2017, and will remain in effect for the duration of the emergency (as defined in Title 49, CFR, Part 390.5) or for five days, ending at 11:59 p.m., January 3, 2018, whichever is less.
Steven C. McCraw