Rescission of Certain Emergency Exemptions

Anne S. Ferro
Federal Motor Carrier Safety Administration
April 10, 2014

[Federal Register Volume 79, Number 69 (Thursday, April 10, 2014)]
[Rules and Regulations]
[Pages 19835-19836]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08021]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 390


Rescission of Certain Emergency Exemptions

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of rescission.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA), after 
consultation with representatives of the governors of the affected 
States, rescinds certain covered emergency exemptions. The exemptions 
originally took effect automatically upon declaration of an emergency 
by various governors or FMCSA, and were extended by FMCSA after 
consultation with representatives of the governors. The President 
signed the ``Home Heating Emergency Assistance Through Transportation 
Act of 2014'' (HHEATT Act, or ``the Act'') on March 21, 2014. The Act 
extends until May 31, 2014, all ``covered emergency exemptions'' 
created between February 5, 2014, and March 21, 2014, to provide 
regulatory relief to commercial motor vehicle operators directly 
supporting the delivery of propane and other home heating fuels. In 
accordance with the Act, FMCSA has consulted with representatives of 
each of the governors to determine whether emergency circumstances 
still exist and has determined that certain covered emergency 
exemptions created under the HHEATT Act are no longer necessary and 
should be rescinded.

DATES: This decision is effective April 10, 2014.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver 
and Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-4325. Email: MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION: 

Background

    On March 21, 2014, the President signed the HHEATT Act. The Act 
extends until May 31, 2014, all ``covered emergency exemptions'' issued 
(or extended) by the Federal Motor Carrier Safety Administration 
(FMCSA) under 49 CFR 390.23 or 390.25 between February 5, 2014, and 
March 21, 2014, to provide regulatory relief to commercial motor 
vehicle operators directly supporting the delivery of propane and other 
home heating fuels ``. . . unless the Secretary of Transportation, 
after consultation with the Governors of the affected States, 
determines that the emergency for which the exemption was provided ends 
before that date'' [Section 2(a)].
    The HHEATT Act revived or extended the Agency's emergency 
exemptions for 36 States and the District of Columbia. FMCSA has 
contacted the chief executives of these jurisdictions, or their 
designees, to inquire whether critical shortages of propane and other 
home heating fuels still persist, or whether the exemptions may no 
longer be needed.
    Thirty States plus DC have replied that they are no longer 
experiencing shortages of propane and other home heating fuels. Six 
governors have indicated that fuel supplies in their States have not 
yet returned to normal and that they want the exemption to remain in 
effect [Illinois, Maryland, Minnesota, North Carolina, Pennsylvania and 
Virginia].
    In accordance with Section 2(a) of the HHEATT Act, FMCSA rescinds, 
effective immediately, the emergency declarations or extensions issued 
between February 5, 2014, and March 21, 2014, for the following States 
and DC, which have reported that the exemptions are no longer needed:

Alabama
Arkansas
Connecticut
Delaware
District of Columbia
Florida
Georgia
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Massachusetts
Michigan
Mississippi
Missouri
Nebraska
New Hampshire
New Jersey
New York
North Dakota
Ohio
Oklahoma
Rhode Island
South Carolina
South Dakota
Tennessee
Vermont
West Virginia

[[Page 19836]]

Wisconsin

    The emergency declaration extension will remain in effect until 
further notice, but in no circumstances, beyond May 31, 2014, for the 
following six States:

Illinois
Maryland
Minnesota
North Carolina
Pennsylvania
Virginia

    Issued under authority delegated in 49 CFR 1.87.

    Issued on: April 3, 2014.
Anne S. Ferro,
Administrator.
[FR Doc. 2014-08021 Filed 4-9-14; 8:45 am]
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