Federal Motor Carrier Safety Administration May 9 2021 REGIONAL EMERGENCY DECLARATION UNDER 49 CFR § 390 23 No 2021-002 ALABAMA ARKANSAS DISTRICT OF COLUMBIA DELAWARE FLORIDA GEORGIA KENTUCKY LOUISIANA MARYLAND MISSISSIPPI NEW JERSEY NEW YORK NORTH CAROLINA PENNSYLVANIA SOUTH CAROLINA TENNESSEE TEXAS AND VIRGINIA In accordance with the provisions of 49 CFR § 390 23 the Regional Field Administrators for the Federal Motor Carrier Safety Administration’s FMCSA Eastern Southern and Western Service Centers hereby declares that an emergency exists that warrants issuance of a Regional Emergency Declaration and an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety FMCSRs except as otherwise restricted in this Emergency Declaration Such emergency is in response to the unanticipated shutdown of the Colonial pipeline system due to network issues that affect the supply of gasoline diesel jet fuel and other refined petroleum products throughout the Affected States This Declaration addresses the emergency conditions creating a need for immediate transportation of gasoline diesel jet fuel and other refined petroleum products and provides necessary relief Affected States and jurisdictions included in this Emergency Declaration “Affected States” are Alabama Arkansas District of Columbia Delaware Florida Georgia Kentucky Louisiana Maryland Mississippi New Jersey New York North Carolina Pennsylvania South Carolina Tennessee Texas and Virginia By execution of this Emergency Declaration motor carriers and drivers providing direct assistance to the emergency in the Affected States in direct support of relief efforts related to the shortages of gasoline diesel jet fuel and other refined petroleum products due to the shutdown partial shutdown and or manual operation of the Colonial pipeline system are granted relief from Parts 390 through 399 of Title 49 Code of Federal Regulations except as restricted herein This Emergency Declaration provides for regulatory relief for commercial motor vehicle operations while providing direct assistance supporting emergency relief efforts transporting gasoline diesel jet fuel and other refined petroleum products into the Affected States during the emergency from shortages due to the shutdown partial shutdown and or manual operation of the Colonial pipeline system Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services not in support of emergency relief efforts related to the shortages of gasoline diesel jet fuel and other refined petroleum products due to the shutdown partial shutdown and or manual operation of the Colonial pipeline system in the Affected States 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 shortages of gasoline diesel jet fuel and other refined petroleum products due to the shutdown Regional Emergency Declaration No 2021-002 Page 2 of 2 partial shutdown and or manual operation of the Colonial pipeline system in the Affected States the motor carrier and driver are subject to the requirements of 49 CFR Parts 390 through 399 except that a driver may return empty to the motor carrier’s terminal or the driver’s normal work reporting location without complying with Parts 390 through 399 When a driver is moving from emergency relief efforts to normal operations a 10-hour break is required when the total time a driver operates conducting emergency relief efforts or a combination of emergency relief and normal operation equals 14 hours All other applicable safety requirements remain in place and will be enforced by the FMCSA Specifically 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 Part 383 the financial responsibility insurance requirements 49 CFR Part 387 the hazardous material regulations 49 CFR Parts 100-180 applicable size and weight requirements or any other portion of the regulations not specifically authorized pursuant to 49 CFR § 390 23 Motor carriers or drivers currently subject to an out-of-service order are not eligible for the relief granted by this declaration until they have met the applicable conditions for its rescission and the order has been rescinded by FMCSA In accordance with 49 CFR § 390 23 this declaration is effective immediately and shall remain in effect until the end of the emergency as defined in 49 CFR § 390 5 or until 11 59 P M ET June 8 2021 whichever is earlier FMCSA intends to continually review the status of this Emergency Declaration and may take action to modify or terminate the Emergency Declaration sooner if conditions warrant Taft Kelly Regional Field Administrator Federal Motor Carrier Safety Administration Eastern Service Center Darrell L Ruban Regional Field Administrator Federal Motor Carrier Safety Administration Southern Service Center Scott G Hernandez Regional Field Administrator Federal Motor Carrier Safety Administration Western Service Center FOR