Federal Motor Carrier
Safety Administration

September 12, 2024

EXTENSION OF EMERGENCY DECLARATION UNDER 49 CFR § 390.25
No. 2024-007

WYOMING

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 Wyoming 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 August 30, 2024, due to wildfires along with continued high temperatures and abnormally dry conditions resulting in a shortage of livestock feed, including depleted pasture grass and natural feed supplies, and posing a threat to property and public welfare, the Governor of the State of Wyoming issued an executive order declaring a state of emergency. (See Executive Order 2024-08). Emergency regulatory relief under 49 CFR § 390.23 relating to the Wyoming emergency declaration expires on September 13, 2024.

On or about September 10, 2024, the State of Wyoming requested FMCSA extend the emergency relief from the hours of service limits in 49 CFR § 395.3 for commercial motor vehicle drivers providing direct assistance to the emergency transporting livestock feed and livestock. Because emergency conditions have not abated, FMCSA is extending the emergency declaration issued by the State of Wyoming 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 Wyoming. By execution of this Extension of Emergency Declaration, motor carriers and drivers providing direct assistance to the emergency in the State of Wyoming transporting livestock feed and livestock 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.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.

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

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, subject to the following restrictions and conditions:

1. Drivers operating under this Extension of the Emergency Declaration may not drive more than 17 hours in any 24-hour period after coming on duty.
    
2. 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.
    
3. 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.
    
4. 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 in the State of Wyoming. 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(b)). 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 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, except as noted herein. When a driver is moving from emergency relief efforts to normal operations, 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), October 13, 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 12th day of September 2024

Vincent G. White, Deputy Administrator
Federal Motor Carrier Safety Administration