FMCSA declares regional emergency after refinery fire

A fire at the BP Whiting refinery in Whiting, Ind., has forced a shutdown, and subsequently, an Federal Motor Carrier Safety Administration regional emergency declaration for Illinois, Indiana, Michigan and Wisconsin.

The unanticipated shutdown of the refinery affects the supply of gasoline, diesel and jet fuel in the region, creating the need for immediate transportation of these fuels, said the declaration.

Within the FMCSA emergency declaration is relief from certain 49 CFR Part 395 regulations for motor carriers and drivers providing direct assistance in these states through Sept. 10.

To operate under this order, motor carriers and drivers must be operating in direct support of relief efforts related to the shortages of gasoline, diesel and jet fuel due to the fire at the BP Whiting refinery.

“Direct assistance does not include routine commercial deliveries, including mixed loads with a nominal qualifying emergency relief added to obtain the benefits of this emergency declarations,” the order read.

The relief from maximum driving time for property-carrying vehicles (49 CFR § 395.3) are subject to the following conditions:

• Nothing in the declaration provides a waiver or exemption from any other FMCSRs not specifically granted herein.
• Motor carriers or drivers currently subject to an out-of-service order are not eligible for the relief granted by this emergency until the order has been rescinded in writing by the issuing jurisdiction.
• Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts related to the emergency or when the motor carrier dispatches a driver or commercial motor vehicle to another location to begin operations in commerce.
• Upon termination, the motor carrier and driver are subject to the requirements of 49 CFR § 395.3 while operating commercial motor vehicles, except that a driver may return empty to the motor carrier’s terminal or the driver’s normal work reporting location without complying with 49 CFR § 395.3.
• When a driver is moving from emergency relief efforts to normal operations, a 10-hour break is required when the total time a driver is engaged in emergency relief efforts, or in a combination of emergency relief and normal operations, equals or exceeds 14 hours.

FMCSA intends to review the status of this emergency declaration and may extend, modify or terminate if conditions warrant, according to the order. LL