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Hurricane Resources/Waivers

Multi-State Waivers


FMCSA Waivers

On August 22, 2019, the Federal Motor Carrier Safety Administration's (FMCSA) Midwestern Service Center declared a regional emergency covering Iowa, Missouri, and Nebraska, due to "widespread damaged and failing levees resulting from flooding in the States of Iowa, Missouri and Nebraska." The declaration includes an hours of service waiver for "commercial motor vehicle operations while providing direct assistance supporting emergency relief efforts transporting construction materials, including sand, rock, soil, supplies, equipment and fuel." The declaration is in effect until September 21, 2019. A link to the declaration is HERE.   

On August 29, 2019, the Federal Motor Carrier Safety Administration's (FMCSA) Southern and Eastern Service Centers issued an emergency declaration covering Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, the Commonwealth of Puerto Rico and the Territory of the U.S. Virgin Islands. The declaration, issued in response to Hurricane Dorian, includes an hours of service waiver for motor carriers providing direct assistance related to the emergency, including transporting fuel. The declaration is in effect until September 28, 2019. 

FMCSA also issued a notice of enforcement discretion determination, saying it would not enforce certain operating registration fees during the emergency. The notice of enforcement discretion determination expires when the regional declaration expires. 

Waivers by State


Florida

On August 28, 2019, the governor of Florida declared a state of emergency in advance of Hurricane Dorian, which is expected to make landfall this weekend. It covers the following counties: Baker, Bradford, Brevard, Broward, Clay, Duval, Flagler, Glades, Hendry, Highlands, Indian River, Lake, Martin, Miami-Dade, Monroe, Nassau, Okeechobee, Orange, Osceola, Palm Beach, Putnam, Seminole, St. Johns, St. Lucie, Volusia, and Union. The declaration triggers a federal hours of service waiver for up to 30 days. 

On August 30, EPA announced that it is waiving Reid Vapor Pressure (RVP) requirements and allowing reformulated and conventional gasoline to be commingled in Florida, to help alleviate fuel shortages from Hurricane Dorian. EPA also announced that it is allowing the use of 15ppm sulfur off-road diesel in on-road vehicles. The waivers run through September 15th. 

In addition, on September 30th, the Internal Revenue Service (IRS) waived tax penalties when dyed diesel fuel is sold and used for highway use in the State of Florida, effective August 30, 2019 through September 15, 2019.

Read the IRS notice HERE

Georgia

On August 29, the governor of Georgia declared a state of emergency for 12 counties in Georgia: Brantley, Bryan, Camden, Charlton, Chatham, Effingham, Glynn, Liberty, Long, McIntosh, Pierce, and Wayne. Specifically with regard to transportation of fuel, he also suspended federal hours of service regulations for motor carriers delivering petroleum products. On September 4, Governor Kemp expanded the State of Emergency to include 21 counties.

The orders are in effect until September 9, 2019.

A link to the order is HERE.

Kentucky

On September 30th, Kentucky governor Matthew Bevin declared a state of emergency to assist in relief efforts for Hurricane Dorian. The declaration waives federal Hours of Service (HOS) requirements for commercial drivers directly assisting in relief efforts, as well as lifting height and weight restrictions on commercial vehicles. The order extends until September 30th.

Read the Kentucky emergency declaration HERE.

 
North Carolina

On August 30, the governor of North Carolina declared a state of emergency in advance of Hurricane Dorian.

The emergency declaration waives hours of service requirements for commercial drivers directly assisting in relief efforts, as well as size, weight, and load requirements. In North Carolina, the emergency declaration automatically triggers the prohibition against price gouging. The emergency declaration extends until September 30th.

The North Carolina declaration is HERE.

South Carolina

On August 30, the governor South Carolina declared a state of emergency in advance of Hurricane Dorian.

The emergency declaration waives hours of service requirements for commercial drivers directly assisting in relief efforts, as well as size, weight, and load requirements. The emergency declaration extends until September 30th.

The South Carolina declaration is HERE

Tennessee

On September 30th, Tennessee governor Bill Lee declared a state of emergency to assist in relief efforts for Hurricane Dorian. The declaration waives federal Hours of Service (HOS) requirements for commercial drivers directly assisting in relief efforts, as well as lifting height and weight restrictions on commercial vehicles. The order extends until September 30th.

Read the Tennessee declaration HERE.

Virginia

On September 2, Virginia governor Ralph Northam also declared a state of emergency in advance of Hurricane Dorian. The declaration waives Hours of Service restrictions on commercial drivers directly assisting with relief efforts. As in other states that have declared a state of emergency, Virginia's declaration triggers anti-price gouging legislation. Virginia's statute prohibits suppliers of "necessary goods and services," including motor fuel suppliers, from charging unconscionable prices in the affected area for 30 days after the state of emergency is declared.

Governor Northam's office was having technical difficulties in uploading the pdf of his executive order to their website. Once those difficulties are overcome, the declaration will be available HERE.