FMCSA Issues Amendment & Extension To Emergency Declaration

On August 31, the Federal Motor Carrier Safety Administration issued an extension and an amendment of its emergency declaration under 49 CFR Section 390.25 effective in all fifty states and the District of Columbia.  The amendment now covers the transportation of certain fuels which was removed from previous waivers.

“The extension and amendment of Emergency Declaration No. 2020-002 provides regulatory relief for commercial motor vehicle operations providing direct assistance in support of emergency relief efforts related to COVID-19 and is limited to transportation of (1) livestock and livestock feed; (2) medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19; (3) vaccines, constituent products, and medical supplies and equipment including ancillary supplies/kits for the administration of vaccines, related to the prevention of COVID-19; (4) supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and disinfectants; (5) food, paper products and other groceries for emergency restocking of distribution centers or stores; (6) gasoline, diesel, jet fuel, and ethyl alcohol; and (7) supplies to assist individuals impacted by the consequences of the COVID-19 pandemic (e.g., building materials for individuals displaced or otherwise impacted as a result of the emergency). Direct assistance does not include non-emergency transportation of qualifying commodities or routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of this emergency declaration.  To be eligible for the exemption, the transportation must be both (i) of qualifying commodities and (ii) incident to the immediate restoration of those essential supplies.”

“By execution of this extension and amendment of Emergency Declaration No. 2020-002, motor carriers and drivers providing direct assistance to the national emergency are granted emergency relief only from 49 CFR § 395.3, maximum driving time for property-carrying vehicles,” subject to restrictions and conditions

The new declaration is effective at 12:00 a.m.  September 1, 2021 and will remain in effect until 11:59 p.m. November 30, 2021.

Click Here for a copy of the entire FMCSA Emergency Declaration

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