Federal Motor Carrier Safety Administration
January 16, 2023
REGIONAL EMERGENCY DECLARATION
COLORADO, KANSAS, NEBRASKA, NEW MEXICO, OKLAHOMA, TEXAS, UTAH AND WYOMING
The Federal Motor Carrier Safety Administration hereby declares that an emergency exists that warrants issuance of a Regional Emergency Declaration and an exemption from certain regulatory requirements in Part 395 of the Federal Motor Carrier Safety Regulations (FMCSRs), except as otherwise restricted in this Emergency Declaration. Such emergency is in response to the unanticipated shutdown of the Suncor refinery in Colorado, severe winter storms, and high demand resulting in difficulty in obtaining necessary gasoline, diesel and jet fuel in the Affected States, and the current and anticipated effects on people and property, including the immediate risk to public health, safety and welfare. This Declaration addresses the emergency conditions creating a need for immediate transportation of gasoline, diesel and jet fuel and provides necessary relief. Affected States and jurisdictions (Affected States) included in this Emergency Declaration are: Colorado, Kansas, Nebraska, New Mexico, Oklahoma, Texas, Utah and Wyoming.
By execution of this Emergency Declaration, motor carriers and drivers providing direct assistance supporting emergency relief efforts transporting gasoline, diesel, or jet fuel into the Affected States are granted emergency relief from 49 CFR § 395.3, maximum driving time for property-carrying vehicles, subject to the restrictions and conditions set forth herein. Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential supplies or essential services.1 Direct assistance does not include transportation related to long-term rehabilitation of damaged physical infrastructure or routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of this emergency declaration, after the initial threat to life and property has passed.
Emergency Declaration Restrictions & Conditions
By execution of this Emergency Declaration No. 2023-001, motor carriers and drivers providing direct assistance to the emergency as set forth herein are granted emergency relief from 49 CFR § 395.3, maximum driving time for property-carrying vehicles, subject to the following restrictions and conditions:
In accordance with 49 CFR § 390.23, this Emergency Declaration is effective immediately and shall remain in effect until the end of the emergency (as defined in 49 CFR § 390.5T) or until 11:59 P.M. (ET), February 15, 2023, whichever is earlier. FMCSA intends to continually review the status of this Emergency Declaration and the relief granted herein. As necessary, FMCSA may take action to modify the Emergency Declaration, including modification of the transportations and commodities covered by the Emergency Declaration, extend, or terminate the Emergency Declaration if conditions warrant.
Please note: If the President of the United States or the Governor or authorized representative of the State in which you are providing direct assistance to emergency relief efforts has also issued an emergency declaration relating to this emergency for that State, that Declaration may provide additional regulatory relief.
Robin Hutcheson, Administrator
Federal Motor Carrier Safety Administration
1 This Emergency Declaration No. 2023-001 is posted at https://www.fmcsa.dot.gov/emergency-declarations.
Commercial carriers can obtain their permits at the appropriate Wyoming Highway Patrol (WHP) ports of entry. The ports can also fax or email those forms. For a list of the ports of entry, visit http://www.whp.dot.state.wy.us/home/ports.html.
Effective immediately, with the exception of the Rock Springs Office, WYDOT highway shops will no longer be issuing permits. Advancements in technology and recent policy changes will allow the Wyoming Highway Patrol Ports of Entry to absorb the issuing of these permits for the highway shops allowing the highway shop clerks to focus more time on their other daily activities.
Customers who request a permit at a highway shop can be referred to a Wyoming Port of Entry to obtain whatever permit they need. The permit(s) can then be sent to the customer either by email or fax. Please refer to this list of Wyoming Ports of Entry phone numbers: