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Disaster Declaration Waiver for Tropical Storm/Hurricane Nicholas

Updated: Sep 17, 2021

The Weather Channel reports "Nicholas' strong winds knocked out power to hundreds of thousands across Texas as the storm pushed its way inland, toppling trees and power lines and leaving streets flooded in its path." To provide vital supplies and transportation services to a disaster area in the United States, emergency declarations may be issued by the President, Governors of States, or FMCSA. These declarations trigger the temporary suspension of certain Federal safety regulations 49 CFR Parts 390-399, including Hours of Service, for motor carriers and drivers engaged in specific aspects of the emergency relief effort. In anticipation of the damage caused by Tropical Storm Nicholas (now Hurricane Nicholas), Governor Abbott has issued a disaster declaration for the following counties: Aransas, Brazoria, Calhoun, Chambers, Galveston, Harris, Jackson, Jasper, Jefferson, Liberty, Matagorda, Montgomery, Newton, Nueces, Orange, Refugio, San Patricio, Victoria, and Wharton. Drivers responding to provide "direct assistance" to an "emergency" meeting the definitions in 49 CFR 390.5 and declared by FMCSA or a governor are exempt from applicable regulations in all States on their route to the emergency, even though those States may not be involved in the emergency or stated in the declaration of emergency. Relief from Federal Motor Carrier Safety Regulations is limited to a maximum of 30 days and waiver will terminate on October 13, 2021.

Please contact the Texas Propane Gas Association at (800)325-4727 if you have any questions.

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