FMCSA issues final rule on emergency declarations

The Federal Motor Carrier Safety Administration is imposing limits on the amount of regulatory relief that is granted when a regional emergency declaration is issued.

FMCSA announced the release of a final rule on Tuesday, Oct. 10. The notice is expected to be published in the Federal Register soon.

The final rule revises the emergency exemption rules to narrow the amount of relief that is provided to motor carriers and truck drivers providing direct assistance.

“This rule ensures that the relief granted through emergency declarations is appropriate and tailored to the specifics of the circumstances and emergencies being addressed,” FMCSA wrote. “This rule also revises the process for extending automatic emergency regulatory relief where circumstances warrant and allows for potential reporting requirements when FMCSA issues an extension or modification.”

The changes

This final rule revises the Federal Motor Carrier Safety Regulations to:

• Allow automatic relief of hours-of-service regulations during an emergency, while shortening the duration and scope of exemption, except in the case of a presidential declaration of federal emergency
• Allow for additional reporting requirements when issuing extended or modified exemptions
• Establish a dedicated email inbox for extension or modification requests
• Eliminate the provision that provided automatic regulatory relief for other elements such as medical certification of drivers, vehicle inspection requirements, parts and accessories and transportation of hazardous materials
• Reduce the regional emergency exemption window from 30 days to 14

Initial proposal

FMCSA published a notice of proposed rulemaking this past December. The agency said the goal of the rulemaking was to ensure that the relief granted through emergency declarations is appropriate and tailored to the specifics of the circumstances and the emergency being addressed. The agency also proposed revisions to how an emergency declaration is extended.

The initial proposal limited the automatic relief when issued by a governor from 30 days to five.

The Owner-Operator Independent Drivers Association, which represents small-business truckers, criticized the drastic reduction in its formal comments filed in February.

“We believe reducing the duration of the existing automatic regulatory relief from 30 days to five days when a regional declaration is issued by a governor, a governor’s authorized representative or FMCSA will obstruct the trucking industry’s ability to operate effectively in communities impacted by the emergency,” OOIDA wrote. “In our experience, the current 30-day period provides sufficient time to deliver emergency assistance without negatively impacting safety. FMCSA even states in this notice of proposed rulemaking, ‘The agency has no information that suggests that existing emergency exemptions have negatively impacted road safety.”’

Some state departments of transportation and the American Association of State Highway and Transportation Officials spoke out against the proposal, as well.

OOIDA also pointed out that FMCSA acknowledged there is no evidence that the hours-of-service waivers have been detrimental to safety.

“We are unclear on exactly why FMCSA is proposing these regulatory changes at this time,” OOIDA wrote. “The agency has no information that suggests that existing emergency exemptions have negatively impacted road safety.”

Final rule

FMCSA said it received 22 comments from organizations or individuals who opposed shortening the duration of the automatic exemption from 30 days to five.

“These commenters noted that five days may not be long enough to deal with certain emergencies, citing various examples of emergencies from recent years where emergency relief efforts extended beyond five days,” FMCSA wrote.

The agency said it acknowledges that certain emergency coordination efforts may need more time.

“Therefore, FMCSA is revising the duration of the automatic regulatory relief that is triggered by a regional declaration of emergency to 14 days.”

The final rule will take effect 60 days after it is published in the Federal Register. LL