What does 49 CFR 390.25 (Extension or Modification of relief from regulations—emergencies) require?

Short answer

49 CFR 390.25 requires FMCSA to evaluate the circumstances of an ongoing emergency and determine if relief from regulations is necessary. Interested parties may request an extension or modification of relief by providing a detailed explanation of the need. FMCSA may extend the period of regulatory relief, modify its scope, or place terms and conditions on motor carriers or drivers relying on the relief.

The rule says

"FMCSA may extend the period of the regulatory relief or modify the scope of emergency relief contained in 390.23." (49 CFR 390.25(a))

"Any interested party seeking to extend the period of regulatory relief shall send its request to the FMCSA emergency declarations mailbox, [email protected], before the expiration of the period of relief." (49 CFR 390.25(a))

"If FMCSA initiates or approves an extension of the regulatory relief, it shall establish a new time limit and may place terms and conditions on motor carriers or drivers relying upon the continued or modified relief." (49 CFR 390.25(b))

In plain English

When an emergency is declared, FMCSA may grant relief from certain regulations to help motor carriers and drivers respond to the emergency. If the emergency continues, FMCSA may extend or modify this relief. Motor carriers or drivers who need continued relief must request it from FMCSA before the initial relief period expires. FMCSA will evaluate the situation and decide whether to grant additional relief, and if so, for how long. The agency may also impose conditions on motor carriers or drivers who receive extended relief, such as reporting requirements.

What to do

• Monitor the emergency situation and determine if continued regulatory relief is needed.
• Submit a request to FMCSA for an extension or modification of relief, including a detailed explanation of the need, before the initial relief period expires.
• Send the request to the FMCSA emergency declarations mailbox at [email protected].
• Be prepared to comply with any terms and conditions imposed by FMCSA if relief is extended or modified.