Federal Motor Carrier       
Safety Administration 

 
September 23, 2024  
EXTENSION OF EMERGENCY DECLARATION UNDER 49 CFR § 390.25 
No. 2024-005 
 
OREGON 

The United States Department of Transportation (USDOT), Federal Motor Carrier Safety Administration (FMCSA) hereby declares that an emergency exists that warrants extension of the emergency declaration issued by the Governor of the State of Oregon and continuing the emergency relief granted from certain regulatory requirements in Part 395 of the Federal Motor Carrier Safety Regulations (FMCSRs) as set forth herein.   
 
On July 12, 2024, due to active and growing wildfires along with continued warm and dry conditions and threat of wildfires over a broad area of the State, posing a threat to property, public safety, and public welfare, the Governor of the State of Oregon issued an executive order declaring a state of emergency (See Executive Order 24-13).  On or about July 22, 2024, the State of Oregon asked FMCSA to extend the emergency relief for commercial motor vehicle motor carriers and drivers providing direct assistance to the emergency.  FMCSA issued an extension of the Oregon emergency declaration on July 23, 2024.  At the request of the State on August 19, 2024, FMCSA issued a second extension of the Oregon emergency declaration on August 23, 2024 granting specific regulatory relief through September 26, 2024.  On or about September 18, 2024, the State of Oregon requested FMCSA again extend the emergency relief from the hours of service limits in 49 CFR §§ 395.3 and 395.5 for commercial motor vehicle drivers providing direct assistance to the emergency.  Because emergency conditions have not abated, FMCSA is extending the emergency declaration issued by the State of Oregon and granting regulatory relief in accordance with 49 CFR § 390.25 as set forth herein.  
 
This Extension of Emergency Declaration provides regulatory relief for commercial motor vehicle operations providing direct assistance supporting emergency relief efforts related to the emergency resulting from wildfires in the State of Oregon.  By execution of this Extension of Emergency Declaration, motor carriers and drivers providing direct assistance to the wildfire emergency in the State of Oregon are granted emergency relief from 49 CFR § 395.3, maximum driving time for property-carrying vehicles and 49 CFR § 395.5, maximum driving time for passenger-carrying vehicles, subject to the restrictions and conditions set forth herein.¹  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 this emergency declaration.   

   Emergency Declaration Restrictions & Conditions  

By execution of this Extension of Emergency Declaration, motor carriers and drivers providing direct assistance to the emergency as set forth herein are granted emergency relief from 49 CFR § 395.3, maximum driving time for property-carrying vehicles and 49 CFR § 395.5, maximum driving time for passenger-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 § 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 and 395.5 for commercial motor vehicle operations while providing direct assistance supporting emergency relief efforts in the State of Oregon.  Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo, passengers, or provide services that are not in support of emergency relief efforts related to the emergency as set forth in this Extension of the 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 Emergency Declaration, the motor carrier and driver are subject to the requirements of 49 CFR §§ 395.3 and 395.5 while operating commercial motor vehicles, 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 and 395.5, except as noted herein.  When a driver is moving from emergency relief efforts to normal operations, (1) if a 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; and (2) if a driver is transporting passengers, an 8-hour break is required when the total time a driver is engaged in emergency relief efforts, or a combination of emergency relief and normal operations, equals or exceeds 10 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), October 1, 2024, whichever is earlier.  FMCSA intends to continually review the status of this Extension of Emergency 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 Emergency Declaration, extend, or terminate the Emergency Declaration if conditions warrant.   
 

Issued this 23rd day of September 2024        
                                                                                      Vincent G. White, Deputy Administrator 
                                                                                      Federal Motor Carrier Safety Administration 

_{1 This Extension of Emergency Declaration is posted at https://www.fmcsa.dot.gov/emergency-declarations.}