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May 23, 2019
EXTENSION OF REGIONAL EMERGENCY DECLARATION No. 2019-002 UNDER 49 CFR § 390.25
ARKANSAS, ILLINOIS, IOWA, KANSAS, KENTUCKY, LOUISIANA, MINNESOTA, MISSISSIPPI, MISSOURI, NEBRASKA, OHIO, OKLAHOMA, SOUTH DAKOTA, TENNESSEE, WEST VIRGINIA AND WISCONSIN
The Regional Field Administrators for the Federal Motor Carrier Safety Administration's (FMCSA) Midwestern, Southern and Western Service Centers and the Field Administrator for FMCSA's Eastern Service Center, hereby declare that an emergency exists that warrants extension of Regional Emergency Declaration No. 2019-002 issued on March 19, 2019, and continuing the exemption granted from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations (FMCSRs) for the Affected States except as otherwise restricted herein. Affected States included in this extension of the Emergency Declaration are: Arkansas, Illinois, Iowa, Kansas, Kentucky, Louisiana, Minnesota, Mississippi, Missouri, Nebraska, Ohio, Oklahoma, South Dakota, Tennessee, West Virginia and Wisconsin.
On March 19, 2019, in response to severe flooding in the Affected States, and its effects on people and property, including the immediate threat to human life and public welfare, Emergency Declaration 2019-002 was issued for the Affected States. The Emergency Declaration was extended on April 9, 2019.
Because emergency conditions in the Affected States have not abated, FMCSA is extending Regional Emergency Declaration No. 2019-002 and associated regulatory relief in the enumerated Affected States in accordance with 49 CFR § 390.25. This extension of the Emergency Declaration addresses ongoing emergency conditions creating a need for immediate transporting of supplies, fuel and equipment into the Affected States, transporting persons into or from the Affected States or providing other assistance in the form of emergency services during the emergency in the Affected States resulting from severe flooding.
By execution of this extension of Regional Emergency Declaration No. 2019-002, motor carriers and drivers providing direct assistance to the emergency in the enumerated Affected States in direct support of relief efforts related to the severe flooding are granted emergency relief from Parts 390 through 399 of Title 49 Code of Federal Regulations except as restricted herein.
Nothing contained in this extension of the 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 Part 383), the financial responsibility (insurance) requirements (49 CFR Part 387), hazardous materials regulations (49 CFR Parts 100 through 180), applicable size and weight requirements, or any other portion of the regulations not specifically authorized pursuant to 49 CFR § 390.23.
Emergency Declaration Restrictions & Limitations
By execution of this extension to the Emergency Declaration, motor carriers and drivers providing direct assistance to the emergency in the Affected States are not granted emergency relief from, and must continue to comply with, the following Federal Motor Carrier Safety Regulations and conditions:
In accordance with 49 CFR § 390.25, this extension to Regional Emergency Declaration No. 2019-002 is effective immediately and shall remain in effect for the duration of the emergency (as defined in 49 CFR § 390.5) or until 11:59 P.M. (ET), July 2, 2019, whichever is less.