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Feds issue Declaration of Emergency for heating fuel deliveries

Tuesday, January 02, 2018

On December 30, 2017, the Federal Motor Carrier Safety Administration declared an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety  Regulations (FMCSRs) as a result of a heating fuel shortage due to frigid temperatures.

States included in the exemption are: Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Maine, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington, DC, West Virginia, and Wisconsin.

This Emergency Declaration responds to emergency conditions created as a result of Winter Storm Frankie, including anticipated fuel shortages in the affected states and jurisdictions, which will create a need for immediate transportation of propane and home heating oil and fuels, into and from the affected states and jurisdictions and provide necessary relief.

By execution of this Emergency Declaration, motor carriers and drivers providing direct assistance to the emergency transporting fuel products into and from the above listed Affected states and jurisdictions are granted emergency relief from Parts 390 through 399 of Title 49 Code of Federal Regulations except as restricted herein, including for any portion of the trip that occurs outside of the affected states and jurisdictions.

Nothing contained in this Emergency Declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 CFR Part 382), the commercial driver’s license requirements (49 CFR 383), the financial responsibility (insurance) requirements (49 CFR 387), the hazardous material regulations ( 49 CFR Parts I 00-180), applicable size and weight requirements, or any other portion of the regulations not specifically authorized pursuant to 49 CFR 390.23.

More information on the exemption, including a downloadable copy, is available here.

The declaration was effective immediately and will remain in effect for the duration of the emergency (as defined in 49 CFR 390.5) or until 1o:59 P.M. (CST), January 14, 2018, whichever occurs first.