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DOT/FMCSA RIN: 2126-AC53 Publication ID: Fall 2023 
Title: Clarification to the Applicability of Emergency Exemptions 

Section 390.23 automatically creates a 30-day exception from any part of 49 CFR parts 390-399 when the President, a Governor, or an FMCSA Field Administrator issues a declaration of an "emergency," as defined in 49 CFR 390.5, and a motor carrier or driver provides "direct assistance" to supplement State and local "emergency relief" efforts in response to that "emergency," as all those terms are defined in 49 CFR 390.5. Because an emergency typically requires carriers and drivers providing emergency relief to exceed the normal hours-of-service (HOS) limits, but has no direct bearing on the driver qualification requirements of part 391, the vehicle inspection provisions of parts 392 and 396, or the parts and accessories required by part 393, FMCSA proposes to narrow the automatic applicability of section 390.23 to, for example, the HOS limits in 49 CFR part 395. This would clarify the regulations and ensure that carriers and drivers are not authorized to overlook other important safety measures while performing direct assistance to emergency relief efforts. The action would also require carriers to report certain information pertaining to their use, frequency and nature of materials transported under a declaration. The data collection is important and will help inform FMCSA decision-making relating to emergency declarations.

Agency: Department of Transportation(DOT)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Not Yet Determined   
Legal Deadline:  None
Action Date FR Cite
NPRM  12/08/2022  87 FR 75206   
NPRM Comment Period End  02/06/2023 
Final Rule  10/13/2023  88 FR 70897   
Final Rule Effective  12/12/2023 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Richard Clemente
Department of Transportation
Federal Motor Carrier Safety Administration
1200 New Jersey Avenue SE,
Washington, DC 20590
Phone:202 366-2722