FMCSA Issues Emergency Declaration for 26 States

Major fuel shortages are anticipated in the wake of Harvey.

In anticipation of fuel shortages caused by Tropical Storm Harvey, the FMCSA has issued a regional emergency declaration in 26 states.

Truckers Assisting In Fuel Shortage Granted Emergency Relief From Many Regulations

Per the emergency declaration issued on August 31, carriers and truck drivers who are providing “direct assistance” transporting fuel products into and from the affected region are granted emergency relief from Parts 390 through 399 of Title 49 of the Code of Federal Regulations. These fuel products include gasoline, diesel fuels, kerosene, jet fuel, aviation fuel, aviation gasoline, propane and home heating oil.

These regulations are as follows (You can click on each regulation for more information):

390: FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

391: QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE (LCV) DRIVER INSTRUCTORS

392: DRIVING OF COMMERCIAL MOTOR VEHICLES

393: PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION

395: HOURS OF SERVICE OF DRIVERS

396: INSPECTION, REPAIR, AND MAINTENANCE

397: TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES

398: TRANSPORTATION OF MIGRANT WORKERS

399: EMPLOYEE SAFETY AND HEALTH STANDARDS

The emergency declaration impacts the following 26 states and jurisdictions:

  • Alabama
  • Arkansas
  • Colorado
  • Connecticut
  • Delaware
  • Florida
  • Georgia
  • Illinois
  • Indiana
  • Kansas
  • Kentucky
  • Louisiana
  • Maryland
  • Mississippi
  • Missouri
  • New Jersey
  • New York
  • North Carolina
  • Ohio
  • Oklahoma
  • Pennsylvania
  • South Carolina
  • Tennessee
  • Texas
  • Virginia
  • Washington, D.C.
  • West Virginia

The FMCSA’s suspension of these regulations only impacts drivers who are providing direct assistance in the fuel shortage emergency. Per the order,

“Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services not directly supporting the emergency relief effort. Upon termination of direct assistance to the emergency relief effort, the motor carrier and driver are subject to the requirements of 49 CFR Parts 390 through 399.”

The emergency declaration does not impact regulations on controlled substances, licensing requirements, insurance requirements, hazmat regulations, or size and weight requirements.

The declaration does not change the status of driver or carrier out of service orders.

Click here for more information on Harvey from the FMCSA.

Courtesy of cdllife.com