Clarification to the Applicability of Emergency Exemptions; Response to Petitions for Reconsideration
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Abstract
FMCSA amends its emergency declaration regulations to revise from 14 days to 30 days the length of the relief automatically triggered subsequent to a regional declaration of emergency by a Governor of a State, the Governor's authorized representative, or FMCSA. This action is in response to several petitions for reconsideration received after publication of a final rule in October 2023.
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<title>Federal Register, Volume 91 Issue 191 (Monday, October 5, 2026)</title>
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[Federal Register Volume 91, Number 191 (Monday, October 5, 2026)]
[Rules and Regulations]
[Pages 63156-63160]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20325]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 390
[Docket No. FMCSA-2025-0124]
RIN 2126-AC77
Clarification to the Applicability of Emergency Exemptions;
Response to Petitions for Reconsideration
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: FMCSA amends its emergency declaration regulations to revise
from 14 days to 30 days the length of the relief automatically
triggered subsequent to a regional declaration of emergency by a
Governor of a State, the Governor's authorized representative, or
FMCSA. This action is in response to several petitions for
reconsideration received after publication of a final rule in October
2023.
DATES: Effective October 5, 2026.
Petitions for reconsideration of this final rule must be submitted
to the FMCSA Administrator no later than November 4, 2026.
FOR FURTHER INFORMATION CONTACT: Ms. Kathryn Sinniger, Regulatory and
Legislative Affairs Division, Office of the Chief Counsel, FMCSA, 1200
New Jersey Avenue SE, Washington, DC 20590-0001;
<a href="/cdn-cgi/l/email-protection#462d27322e343f2868352f28282f2123340622293268212930"><span class="__cf_email__" data-cfemail="95fef4e1fde7ecfbbbe6fcfbfbfcf2f0e7d5f1fae1bbf2fae3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Availability of Rulemaking Documents
To view any documents mentioned as being available in the docket,
go to <a href="https://www.regulations.gov/docket/FMCSA-2025-0124/document">https://www.regulations.gov/docket/FMCSA-2025-0124/document</a> and
choose the document to review. To view comments, go to <a href="https://www.regulations.gov/document/FMCSA-2025-0124-0008">https://www.regulations.gov/document/FMCSA-2025-0124-0008</a> then click ``Document
Comments.'' If you do not have access to the internet, you may view the
docket online by visiting Dockets Operations in room W58-213 of the DOT
West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
II. Abbreviations
CE Categorical exclusion
CVSA Commercial Vehicle Safety Alliance
DOT Department of Transportation
EMA Energy Marketers of America
[[Page 63157]]
FMCSA Federal Motor Carrier Safety Administration
FMCSR Federal Motor Carrier Safety Regulations
GAWDA Gases and Welding Distributors Association
HOS Hours of service
NEFI National Energy & Fuels Institute
NEPA National Environmental Policy Act
NPGA National Propane Gas Association
NPRM Notice of proposed rulemaking
NRECA National Rural Electric Cooperative Association
NTTC National Tank Truck Carriers
OMB Office of Management and Budget
OOIDA Owner-Operator Independent Drivers Association
PIA Privacy Impact Assessment
PII Personally identifiable information
PTA Privacy Threshold Assessment
Secretary The Secretary of Transportation
UMRA The Unfunded Mandates Reform Act of 1995
III. Legal Basis
This final rule is issued under the authority of 49 U.S.C. 31136(a)
and 31133(a)(10). The Secretary of Transportation (the Secretary) has
authority under 49 U.S.C. 31136(a) to ``prescribe regulations on
commercial motor vehicle safety. The regulations shall prescribe
minimum safety standards for commercial motor vehicles.'' Where
appropriate, the Secretary may provide exceptions to the applicability
and scope of such regulations.
Authority to ``perform other acts the Secretary considers
appropriate'' is conferred by 49 U.S.C. 31133(a)(10). The Secretary,
acting through FMCSA, finds the use of emergency relief in the wake of
an emergency to be appropriate and in the public interest.
The Secretary delegated this authority to the FMCSA Administrator
at 49 CFR 1.87.
Because this final rule relieves a restriction in response to
petitions for reconsideration on a prior final rule, the Administrative
Procedure Act requirement that a rule be made effective at least 30
days after its publication in the Federal Register does not apply (5
U.S.C. 553(d)(1)). Delaying the effective date by 30 or more days would
unnecessarily delay the relief granted by this final rule.
IV. Discussion of Proposed Rulemaking and Comments
A. Proposed Rulemaking
On January 9, 2026, FMCSA published in the Federal Register (Docket
No. FMCSA-2025-0124, 91 FR 940) an NPRM titled ``Clarification to the
Applicability of Emergency Exemptions; Response to Petitions for
Reconsideration.'' The NPRM proposed revising from 14 days to 30 days
the length of the emergency relief automatically triggered subsequent
to a regional declaration of emergency by a Governor of a State, the
Governor's authorized representative, or FMCSA. This action was taken
in response to several petitions for reconsideration received after
publication of a final rule in October 2023 (``Clarification to the
Applicability of Emergency Exemptions,'' 88 FR 70897). A full
discussion of the regulatory history and petitions for reconsideration
can be found in the NPRM for this final rule (91 FR 940, 941-2).
B. Comments and Responses
FMCSA solicited comments concerning the NPRM for 60 days ending
March 10, 2026. By that date, 17 comments were received; four of which
were not responsive to the NPRM and will not be discussed further. The
remaining 13 comments were received from the following parties:
Commercial Vehicle Safety Alliance (CVSA), Energy Marketers of America
(EMA), Gases and Welding Distributors Association (GAWDA), Montana
Department of Transportation, National Energy & Fuels Institute (NEFI),
National Propane Gas Association (NPGA), the National Rural Electric
Cooperative Association (NRECA), National Tank Truck Carriers (NTTC),
the Shippers Coalition, Owner-Operator Independent Drivers Association
(OOIDA), a joint comment from the Departments of Transportation of
Idaho, Montana, North Dakota, South Dakota and Wyoming (``joint State
comment''), and two private citizens.
The Shippers Coalition, Montana Department of Transportation,
OOIDA, CVSA, NPGA, GAWDA, NEFI, and the joint State comment all
supported the NPRM. NTTC neither supported nor opposed the NPRM, noting
that the change would likely have limited practical effect on the tank
truck industry.
EMA supported the proposal, making additional recommendations. EMA
requested that FMCSA take a proactive approach to declarations of
emergency by issuing guidance outlining when certain meteorological
events warrant advance (or preemptive) declarations of emergency. EMA
also requested that FMCSA be more proactive in using its authority to
declare regional emergencies, to ensure consistency in the emergency
relief available among neighboring States. EMA noted that ``[w]hen
covered supplies, effective dates, and conditions vary from one
jurisdiction to another, even well-intentioned enforcement personnel
may misinterpret the scope of relief.'' \1\ FMCSA appreciates EMA's
support for the NPRM and will evaluate the additional suggestions as
appropriate but declines to make changes in this rulemaking.
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\1\ EMA, Comment, FMCSA-2025-0124-0023, at 3 (Mar. 9, 2026),
available at <a href="https://www.regulations.gov/comment/FMCSA-2025-0124-0023">https://www.regulations.gov/comment/FMCSA-2025-0124-0023</a>.
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NRECA also supported the proposal and made additional
recommendations. NRECA requested a change to the residential heating
fuel exemption found in 49 CFR 390.23(b)(1) to clarify that it applies
to electricity. NRECA pointed out that electric lines are maintained by
drivers of commercial motor vehicles and that electricity can be a home
heating source. However, this provision comes directly from statute (49
U.S.C. 31136 (note)), and residential heating fuel is defined to
include heating oil, natural gas, and propane. FMCSA declines to expand
on the statutory language. NRECA also recommended that FMCSA consider
suspension of the registration requirements in subpart E (Unified
Registration System) of 49 CFR part 390 during times of disaster, to
provide intrastate carriers with greater flexibility to operate
interstate. This authority already exists under the current rule and no
regulatory change is needed to implement the suggestion should FMCSA
determine that doing so is appropriate. Suspending registration rules
found in subpart E of 49 CFR part 390 is not routinely needed in
response to emergencies, so FMCSA determined it is not appropriate to
include it as part of the automatic exemption for all emergency
declarations.
The final two comments came from private citizens, who disagreed
with the proposed change. One commenter opposed the proposal to return
the automatic exemption to 30 days, noting that leaving the automatic
exemption at 14 days ensures there will be a continuous ongoing review
to determine if the exemption is still needed. This commenter also
argued that 14 days is enough time to allow for verification of the
need for an exemption and granting the exemption. However, this
commenter did not address the numerous examples of instances where the
14-day period were found to be troublesome, cited both by those who
filed petitions for reconsideration of the October 2023 final rule and
by FMCSA in the NPRM. FMCSA expects that returning the automatic
exemption period to 30 days will alleviate the administrative burdens
the October 2023 final rule created, while still
[[Page 63158]]
ensuring safe operations during an emergency period.\2\ The joint State
comment observed that ``there is no record of adverse safety effects
from regulatory relief provided on an emergency basis from FMCSA's
hours of service (HOS) regulations.'' \3\
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\2\ Under this final rule, the applicable time limit for an
automatic emergency exemption will be 30 days, as it was prior to
the effective date of the October 2023 final rule. However, the
terms of the exemption will require that it not continue after the
emergency period if that period is less than 30 days.
\3\ Transportation Departments of Idaho, Montana, North Dakota,
South Dakota, and Wyoming, Comment, FMCSA-2025-0124-0020, at 2 (Mar.
2, 2026), available at <a href="https://www.regulations.gov/comment/FMCSA-2025-0124-0020">https://www.regulations.gov/comment/FMCSA-2025-0124-0020</a>.
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The second individual commenter objected to the change made by the
October 2023 final rule and to the change proposed in the NPRM, arguing
instead that the automatic exemption period should be extended to 90
days, citing the Stafford Act at 42 U.S.C. 5170. FMCSA does not agree
with this suggested change. The automatic emergency exemption triggered
by an emergency declaration is designed to be limited, exempting only
those commercial motor vehicles that are acting in direct assistance in
response to a declared emergency from the HOS regulations found in 49
CFR 395.3 and 395.5. It is aimed at restoring essential services and
supplies only. As such, these emergency periods tend to be shorter and
cover a much narrower range of activities than an emergency declaration
under the Stafford Act, which is primarily designed to maximize the
flow of Federal relief funds to a State or local government that needs
assistance. In addition, FMCSA retains the ability to extend the
emergency exemptions beyond 30 days under 49 CFR 390.25. FMCSA's
experience is that regional emergency exemptions rarely require more
than 30 days to restore essential services and supplies. To the extent
that the October 2023 final rule's change from a 30-day to a 14-day
automatic exemption period introduced additional filing burdens, this
final rule will alleviate those burdens by returning to the pre-October
2023 baseline.
V. Changes From the NPRM
This final rule makes no changes to the regulatory text proposed in
the NPRM. It adopts a single amendment, as proposed.
VI. International Impacts
Motor carriers and drivers are subject to the laws and regulations
of the countries in which they operate, unless an international
agreement states otherwise. Non-U.S. domiciled carriers and drivers
would be able to provide direct assistance in some scenarios, under the
terms of the exemption provisions found in 49 CFR 390.23.
VII. Section-by-Section Analysis
This final rule makes one change. In 49 CFR 390.23, in paragraph
(b), the number ``14'' is changed to ``30,'' thereby increasing the
length of time for an emergency exemption based on a regional
declaration of an emergency.
VIII. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review) and
DOT Rulemaking Procedures
FMCSA has considered the impact of this final rule under E.O. 12866
(58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, and DOT
Rulemaking Procedures, 49 CFR part 5, subpart B. The Office of
Management and Budget (OMB) determined that this final rule is not a
significant regulatory action under section 3(f) of E.O. 12866 and has
not reviewed it under that E.O.
In the October 2023 final rule, FMCSA stated that it did not expect
the final rule to result in substantive incremental impacts relative to
the baseline established in the Federal Motor Carrier Safety
Regulations (FMCSR) (88 FR 70897, 70903). The final rule included an
analysis of costs and benefits. One cost cited was the increase in the
number of extension requests from motor carriers and drivers, resulting
from the reduction in the automatic exemption from 30 days to 14 days.
FMCSA reported this extension request cost as part of its Paperwork
Reduction Act (44 U.S.C. 3501-3520) compliance, where the Agency
estimated a total cost of $1,011 for the submission of the extension
requests and a total Federal Government cost of $1,589 to review and
approve the requests (see 88 FR 70897, 70904). FMCSA assumed that 50
individuals would submit requests for extensions each year based on
input from the FMCSA Crisis Management Center, and that extension
requests would take 15 minutes to complete, for a total of 12.5 hours
of labor (50 respondents x 15 minutes). FMCSA also assumed that a motor
carrier employee equivalent to General and Operations Managers with a
loaded hourly wage of $80.88 will submit the extension request. As
such, there would have been an annual cost of $1,011 ($80.88 x 12.5
hours) to submit extension requests. For the estimate of government
costs, FMCSA assumed that requests for extensions would take 15 minutes
each to review by a GS-13, step 5 in the Washington, DC area with a
loaded hourly wage of $127.13. The annual cost to review these
extension requests would have been $1,589 ($127.13 x 12.5 hours).
This final rule reverts one change from the October 2023 final rule
in 49 CFR 390.23, in paragraph (b), to what it was prior to the final
rule--30 days. FMCSA does not expect that making this change will
result in substantive incremental impacts relative to the baseline
established in the FMCSR, nor will it result in substantive incremental
impacts relative to the baseline established by the October 2023 final
rule. Generally, emergency exemptions are issued and extended to cover
whatever period of time is needed for CMV operators to provide direct
assistance to restore essential supplies and services. This was the
case before the October 2023 final rule, has been the case since the
October 2023 final rule came into effect, and will continue to be the
case under this final rule. The only expected impact from this final
rule is a reduction in the number of extension requests needed, as more
emergencies will be initially scheduled to be concluded within 30 days
than were concluded in the 14-day period.
FMCSA has updated the cost figures previously referenced to reflect
inflation and wage growth. A General and Operations Manager has a
loaded hourly wage of $85.25 and a GS-13, step 5 in the Washington, DC
area currently has a loaded hourly wage of $143.33. By reverting to the
30-day timeframe for regional emergency declarations, the Agency
estimates that 25 extension requests will be submitted annually. This
reduction brings the projected annual industry burden down to 6.25
hours (25 requests x 0.25 hours) at a cost of $533 ($85.25 x 6.25
hours). The government review cost for extension requests is now $896
($143.33 x 6.25 hours). Accounting for these updated wages and the
reduction in paperwork, FMCSA anticipates a total annual cost savings
of approximately $1,429 (25 requests eliminated x 0.25 hours) x ($85.25
+ $143.33), representing the saved labor time for both motor carriers
and the Federal government.
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
E.O. 14192, Unleashing Prosperity Through Deregulation, issued on
January 31, 2025 (90 FR 9065), requires that, for every new regulation
issued by an agency, at least 10 prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process. This rulemaking is
expected to have total
[[Page 63159]]
costs less than zero and therefore is considered an E.O. 14192
deregulatory action.
C. Congressional Review Act
This rule is not a major rule as defined under the Congressional
Review Act (5 U.S.C. 801-808).\4\
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\4\ A major rule means any rule that OMB finds has resulted in
or is likely to result in (a) an annual effect on the economy of
$100 million or more; (b) a major increase in costs or prices for
consumers, individual industries, geographic regions, Federal,
State, or local government agencies; or (c) significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and export
markets. See 49 CFR 389.3; see also 5 U.S.C. 804(2).
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D. Regulatory Flexibility Act (Small Entities)
The Regulatory Flexibility Act (5 U.S.C. 601, et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996
requires Federal agencies to consider the effects of the regulatory
action on small business and other small entities and to minimize any
significant economic impact. The term small entities comprises small
businesses and not-for-profit organizations that are independently
owned and operated and are not dominant in their fields, and
governmental jurisdictions with populations of less than 50,000 (5
U.S.C. 601(6)). Accordingly, DOT policy requires an analysis of the
impact of all regulations on small entities, and mandates that agencies
strive to lessen any adverse effects on these businesses. As noted
elsewhere in this final rule, FMCSA does not expect the change in this
final rule will result in substantive incremental impacts relative to
the baseline established in the FMCSR, nor will it result in
substantive incremental impacts relative to the baseline established by
the October 2023 final rule.
Consequently, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
E. Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857),
FMCSA wants to assist small entities in understanding this final rule
so they can better evaluate its effects on themselves and participate
in the rulemaking initiative. If the final rule will affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
consult the person listed under FOR FURTHER INFORMATION CONTACT.
Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman (Office of the National
Ombudsman, see <a href="https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman">https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman</a>) and the Regional Small Business Regulatory Fairness
Boards. The Ombudsman evaluates these actions annually and rates each
agency's responsiveness to small businesses. If you wish to comment on
actions by employees of FMCSA, call 1-888-REG-FAIR (1-888-734-3247).
DOT has a policy regarding the rights of small entities to regulatory
enforcement fairness and an explicit policy against retaliation for
exercising these rights.
F. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (UMRA, 2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. The Act addresses actions that may result in the
expenditure by a State, local, or Tribal government, in the aggregate,
or by the private sector of $206 million (which is the value equivalent
of $100 million in 1995, adjusted for inflation to 2024) or more in any
one year. Although this final rule will not result in such an
expenditure, and the analytical requirements of UMRA do not apply as a
result, the Agency discusses the effects of this rule elsewhere in this
preamble.
G. Paperwork Reduction Act
This final rule contains no new information collection requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
existing collections of information contained in 49 CFR 390.25 are
covered by an approved information collection, OMB Control Number 2126-
0077, ``Emergency Declaration Exemption Reporting under 49 CFR
390.25.''
H. E.O. 13132 (Federalism)
A rule has implications for federalism under section 1(a) of E.O.
13132 (64 FR 43255, Aug. 10, 1999), Federalism, if it has ``substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
FMCSA has determined that this rule will not have substantial
direct costs on or for States, nor will it limit the policymaking
discretion of States. Nothing in this document changes any preexisting
preemption of State law or regulation. Therefore, this rule does not
have sufficient federalism implications to warrant the preparation of a
Federalism Impact Statement.
I. Privacy
The Consolidated Appropriations Act, 2005,\5\ requires the Agency
to assess the privacy impact of a regulation that will affect the
privacy of individuals. This rule will not require the collection of
personally identifiable information (PII).
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\5\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5
U.S.C. 552a (Dec. 8, 2004).
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The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency that receives records contained in a system
of records from a Federal agency for use in a matching program. This
rule does not concern a system of records.
The E-Government Act of 2002,\6\ requires Federal agencies to
conduct a Privacy Impact Assessment (PIA) for new or substantially
changed technology that collects, maintains, or disseminates
information in an identifiable form. No new or substantially changed
technology will collect, maintain, or disseminate information as a
result of this rule. Accordingly, FMCSA has not conducted a PIA.
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\6\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17,
2002).
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In addition, the Agency submitted a Privacy Threshold Assessment
(PTA) to evaluate the risks and effects the rulemaking may have on
collecting, storing, and sharing PII. The PTA was adjudicated by DOT's
Chief Privacy Officer on April 24, 2026.
J. E.O. 13175 (Indian Tribal Governments)
This rule does not have Tribal implications under E.O. 13175 (65 FR
67249, Nov. 9, 2000), Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.
K. National Environmental Policy Act of 1969
FMCSA analyzed this rule pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321, et seq.) and determined this action
is categorically
[[Page 63160]]
excluded from further analysis and documentation in an environmental
assessment or environmental impact statement under DOT Order 5610.1D,
Subpart B, paragraph e(6)(y)(4). The categorical exclusion (CE) in
paragraph e(6)(y)(4) covers relief during regional and local
emergencies. Therefore, this rulemaking is covered by this CE.
List of Subjects in 49 CFR Part 390
Highway safety, Intermodal transportation, Motor carriers, Motor
vehicle safety, Reporting and recordkeeping requirements.
Accordingly, FMCSA amends 49 CFR part 390 as follows:
PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS: GENERAL
0
1. The authority citation continues to read as follows:
Authority: 49 U.S.C. 113, 504, 508, 31132, 31133, 31134, 31136,
31137, 31144, 31149, 31151, 31502; sec. 114, Pub. L. 103-311, 108
Stat. 1673, 1677; secs. 212 and 217, Pub. L. 106-159, 113 Stat.
1748, 1766, 1767; sec. 229, Pub. L. 106-159 (as added and
transferred by sec. 4115 and amended by secs. 4130-4132, Pub. L.
109-59, 119 Stat. 1144, 1726, 1743, 1744), 113 Stat. 1748, 1773;
sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745; secs. 32101(d) and
32934, Pub. L. 112-141, 126 Stat. 405, 778, 830; sec. 2, Pub. L.
113-125, 128 Stat. 1388; secs. 5403, 5518, and 5524, Pub. L. 114-94,
129 Stat. 1312, 1548, 1558, 1560; sec. 2, Pub. L. 115-105, 131 Stat.
2263; and 49 CFR 1.81, 1.81a, 1.87.
Sec. 390.23 [Amended]
0
2. Amend Sec. 390.23(b) by removing the number ``14'' and adding, in
its place, the number ``30''.
Issued under authority delegated in 49 CFR 1.87.
Derek Barrs,
Administrator.
[FR Doc. 2026-20325 Filed 10-2-26; 8:45 am]
BILLING CODE 4910-EX-P
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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.