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Hurricane Resources/Waivers

Multi-State Waivers


FMCSA Waivers

Extension of FMCSA Waiver

On October 9, 2018, the Federal Motor Carrier Safety Administration (FMCSA) extended its regional emergency declaration covering North Carolina, South Carolina, and Virginia. The declaration includes a waiver from hours of service requirements. The declaration is in effect until November 9, 2018. A link to the declaration is HERE.

FMCSA Declares Regional Emergency in Advance of Hurricane Michael

On October 9th, the Federal Motor Carrier Safety Administration (FMCSA) declared a regional emergency for states that could be affected by Hurricane Michael. The states included in the declaration are: Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, and Tennessee. The declaration was issued to address the “need for immediate transportation of supplies, equipment, and persons,” and to provide necessary emergency relief.

The declaration provides for regulatory relief—including from Hours of Service requirements—for “commercial motor vehicle operations while providing direct assistance supporting emergency relief efforts transporting supplies, equipment, fuel, and persons into and from the affected states…during the emergency.”  The waiver is in effect until November 9, 2018.

A link to the declaration is HERE. 

Waivers by State

Alabama

On October 8th, Governor Kay Ivey of Alabama declared a State of Emergency for the entire state of Alabama. 

Under the declaration, price gouging is prohibited. The declaration also lifts the federal Hours of Service requirements for drivers providing emergency- or disaster-related materials, supplies, goods, and services. Transporters are responsible to ensure they have the proper oversize signs, markings, flags, and escorts as required under Alabama regulations. 

Insurance requirements are not waived and vehicles may not exceed posted weight limits for bridges and similar structures. 

The emergency declaration is available HERE.

Florida

On October 12th, EPA issued an emergency fuel waiver for Florida to ensure adequate supply of diesel fuel in the wake of Hurricane Michael. 

Specifically, EPA waived the diesel fuel red dye requirement to allow use of 15ppm sulfur non-road diesel for utility, emergency response, and other highway vehicles.  This waiver applies to utility, emergency response and other diesel-powered highway vehicles responding to/assisting in recovery efforts in the panhandle area of Florida, through October 26, 2018. 

Retailers and wholesalers may sell or dispense the dyed diesel after October 26th until their supplies are depleted.

The waiver is available HERE.

On October 12th, in the aftermath of Hurricane Michael, the U.S. Department of Agriculture (USDA) approved a temporary waiver that will allow participants in USDA’s Supplemental Nutrition Assistance Program (SNAP) in Florida to buy hot foods with their benefits through October 31, 2018. 

Under normal circumstances, hot foods cannot be purchased using SNAP benefits. Hot foods include items sold at authorized SNAP retailers that are hot at the point of sale. The waiver addresses the inability of those SNAP participants affected by the disaster to prepare food at home. SNAP authorized retailers may need 24-36 hours to be ready to accept SNAP benefits for hot foods due to programming changes that may be required at their stores. 

The waiver is available HERE.

On October 7th, Florida Governor Rick Scott declared a State of Emergency in Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Washington, Bay, Jackson, Calhoun, Gulf, Gadsden, Liberty, Franklin, Leon, Wakulla, Jefferson, Madison, Taylor, Hamilton, Suwannee, Lafayette, Dixie, Columbia, Gilchrist, Levy and Citrus counties, as the state continues to monitor and prepare for Tropical Storm Michael. 

As part of the declaration, the Florida Secretary of Transportation may undertake the following actions: 

  • Suspend the collection of tolls and other fees and charges for the use of the Turnpike and other public highways
  • Reverse the flow of traffic or close any and all roads, highways, and portions of highways as needed for evacuations
  • Suspend enforcement of the registration requirements for commercial motor vehicles that enter Florida to provide emergency services or supplies, to transport emergency equipment, supplies, or personnel, or to transport FEMA mobile homes
  • Waive the Hours of Service (HOS) requirements for such vehicles
  • Waive the size and weight restrictions for divisible loads on any vehicles transporting emergency equipment, services, supplies, and agricultural commodities and citrus

Vehicles may not exceed weight limits posted for bridges and similar structures. 

The emergency declaration is available HERE.

FDOT Emergency Order is HERE.

FDOT Emergency Road Use Permit is HERE.

Georgia

Due to Hurricane Michael, on October 22nd, the Food and Nutrition Service (FNS) approved a waiver so that SNAP households in the counties below are able to buy hot foods with their SNAP benefits through November 17, 2018. 

The waiver applies to the Georgia counties of Baker, Crisp, Decatur, Dougherty, Early, Grady, Lee, Miller, Mitchell, Seminole, Terrell, Thomas, and Worth, Ben Hill, Brooks, Calhoun, Clay, Cook, Randolph, Sumter, Tift, Turner, and Webster.  

On October 9, 2018, Georgia declared a state of emergency for 92 counties ahead of Hurricane Michael. The executive order includes an hours of service waiver for drivers directly assisting the emergency to ensure the “uninterrupted supply of petroleum products.” The order is in effect for one week, ending on October 16, 2018. 

The 92 counties covered are as follows: Appling, Atkinson, Bacon, Baker, Baldwin, Ben Hill, Berrien, Bibb, Bleckley, Brantley, Brooks, Bryan, Bulloch, Burke, Calhoun, Camden, Candler, Charlton, Chatham, Chattahoochee, Clay, Clinch, Coffee, Colquitt, Cook, Crawford, Crisp, Decatur, Dodge, Dooly, Dougherty, Early, Echols, Effingham, Emanuel, Evans, Glascock, Glynn, Grady, Hancock, Houston, Irwin, Jeff Davis, Jefferson, Jenkins, Johnson, Jones, Lanier, Laurens, Lee, Liberty, Long, Lowndes, Macon, Marion, McIntosh, Miller, Mitchell, Montgomery, Muscogee, Peach, Pierce, Pulaski, Quitman, Randolph, Richmond, Schley, Screven, Seminole, Stewart, Sumter, Talbot, Tattnall, Taylor, Telfair, Terrell, Thomas, Tift, Toombs, Treutlen, Turner, Twiggs, Upson, Ware, Warren, Washington, Wayne, Webster, Wheeler, Wilcox, Wilkinson and Worth counties. 

A link to the order is HERE.

Kentucky

On October 10, 2018, Kentucky declared a state of emergency due to Hurricane Michael, including waiving hours of service. This will help to ensure the continued supply of “food, clothing, equipment, fuel, and other supplies.” The waiver is in effect through November 10, 2018. A link to the declaration is HERE

New Jersey

On October 19, 2018, in response to the continued need for assistance in southern states due to Hurricane Michael, New Jersey waived certain permitting requirements for driver traveling through New Jersey to assist with the emergency. Specifically, New Jersey waived “The [International Registration Plan] requirement that an out-of-state carrier apply for and obtain from the MVC a temporary authorization credential known as a ‘Trip Permit’…and the [International Fuel Tax Agreement] requirement that an out-of-state carrier apply for and obtain a licensing permit credential known as a ‘Trip Permit.’” 

The waiver is in effect until November 11, 2018. A link to the order is HERE.

North Carolina

On October 10, 2018, due to the anticipated effects of Hurricane Michael, North Carolina declared a state of emergency for the following counties: Alamance, Anson, Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Caswell, Chatham, Chowan, Columbus, Craven, Cumberland, Currituck, Dare, Davidson, Davie, Duplin, Durham, Edgecombe, Forsyth, Franklin, Gates, Granville, Greene, Guilford, Halifax, Harnett, Hertford, Hoke, Hyde, Johnston, Jones, Lee, Lenoir, Martin, Montgomery, Moore, Nash, New Hanover, Northampton, Onslow, Orange, Pamlico, Pasquotank, Pender, Perquimans, Person, Pitt, Randolph, Richmond, Robeson, Rockingham, Sampson, Scotland, Stokes, Surry, Tyrrell , Vance, Wake, Warren, Washington, Wayne, Wilson, and Yadkin. 

North Carolina also waived hours of service, as well as certain size and weight restrictions. The waivers are in effect for 30 days. A link to the declaration is HERE. A link to the transportation waiver is HERE.

On September 16th, the U.S. Department of Agriculture USDA) approved a waiver that will allow participants in the USDA’s Supplemental Nutrition Assistance Program (SNAP) in North Carolina to buy hot foods with their benefits through October 31, 2018.

Under normal circumstances, hot foods and foods ready for immediate consumption cannot be purchased using SNAP benefits. Hot foods include items sold at authorized SNAP retailers that are hot at the point of sale. The waiver addresses the inability of those SNAP participants affected by the disaster to prepare food at home.

USDA also approved a waiver on September 16 to allow extended time for SNAP participants to submit claims for food lost in the disaster. Affected households in North Carolina now have until October 15 to report food losses and request replacement benefits so they can purchase food to make up for what was lost in the storm.

Texas

On October 16, 2018, Texas issued a disaster declaration for 18 counties due to flooding. The declaration triggers a federal hours of service waiver that can last up to 30 days for drivers assisting with the emergency. The declaration covers the following counties:  Bastrop, Burnet, Colorado, Fayette, Hood, Jim Wells, Kerr, Kimble, La Salle, Live Oak, Llano, Mason, McMullen, Nueces, Real, San Patricio, Travis, and Williamson.   

A link to the declaration is HERE.

Virginia

On October 11th in anticipation of the effects of Hurricane Michael, Virginia Governor Ralph Northam declared a state of emergency. The declaration waives hours of service requirement, weight and size restrictions, and certain registration requirements. The declaration also implements Virginia’s anti-price gouging law. The state of emergency is in effect until November 11, 2018. 

The declaration is available HERE.