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WSC - LA - Extension of Emergency Declaration - No. 2025-010 - 10-15-2025

Federal Motor Carrier                        
Safety Administration

                    

October 17, 2025

EXTENSION OF EMERGENCY DECLARATION
PURSUANT TO 49 CFR § 390.25
No. 2025-010

LOUISIANA

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 Louisiana to continue emergency relief granted from certain regulatory requirements in Parts 390-399 of the Federal Motor Carrier Safety Regulations (FMCSRs).  This Extension of Emergency Declaration is in response to the release of large quantities of waste petroleum products and its 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 Louisiana.  

On September 21, 2025, the Louisiana State Police issued an emergency declaration due to an explosion and fire at Smitty’s Supply chemical manufacturing plant in Roseland, Louisiana that burned for several days. Subsequently, the Governor of the State of Louisiana issued an Executive Order (No. JML 2025-117) on October 10, 2025 declaring an emergency as a result of release of thousands of gallons of petroleum products from Smitty’s Supply into the surrounding area, including large quantities released to off-site waterbodies threatening property, public safety, and public welfare and requiring the U.S. Environmental Protection Agency and the Louisiana Department of Environmental Quality to deploy emergency containment and removal operations to stabilize the release and prevent further contamination of the Tangipahoa River and drinking water supplies. On or about October 10, 2025, the State of Louisiana requested FMCSA extend the emergency regulatory relief for commercial motor vehicle motor carriers and drivers providing direct assistance to the emergency waste petroleum products containment 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 release of large quantities of petroleum products and necessitating transportation operations related to the immediate containment and removal of waste petroleum products from impacted water bodies, including Tangipahoa River and affected ponds. By execution of this Extension of Emergency Declaration, motor carriers and drivers providing direct assistance to the emergency in the State of Louisiana 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 Louisiana. 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 Louisiana as set forth herein are granted emergency relief from regulations in 49 CFR 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), November 28, 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 17th day of October 2025

         
Federal Motor Carrier Safety Administration    
 

Last updated: Saturday, October 18, 2025