II 

Calendar No. 379 

113TH CONGRESS 

2D SESSION S. 2086 

[Report No. 113–162] 

To address current emergency shortages of propane and other home heating 

fuels and to provide greater flexibility and information for Governors 

to address such emergencies in the future. 

IN THE SENATE OF THE UNITED STATES 

MARCH 6, 2014 

Mr. THUNE (for himself, Ms. KLOBUCHAR, Mr. COATS, Mr. BLUNT, Mr. 

HOEVEN, Ms. AYOTTE, Mr. CHAMBLISS, Mrs. FISCHER, Mrs. MCCASKILL, and Mr. JOHNSON of South Dakota) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

MAY 20, 2014 

Reported by Mr. ROCKEFELLER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To address current emergency shortages of propane and 

other home heating fuels and to provide greater flexibility 

and information for Governors to address such emergencies in the future. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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•S 2086 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Reliable Home Heating 

3 Act’’. 

4 SEC. 2. AUTHORITY TO EXTEND EMERGENCY DECLARA5 TIONS FOR PURPOSES OF TEMPORARILY EX6 EMPTING MOTOR CARRIERS PROVIDING 

7 EMERGENCY RELIEF FROM CERTAIN SAFETY 

8 REGULATIONS. 

9 (a) DEFINED TERM.—In this Act, the term ‘‘residen10 tial heating fuel’’ includes— 

11 (1) heating oil; 

12 (2) natural gas; and 

13 (3) propane. 

14 (b) AUTHORIZATION.—If the Governor of a State de15 clares a state of emergency caused by a shortage of resi16 dential heating fuel and, at the conclusion of the initial 

17 30-day emergency period (or a second 30-day emergency 

18 period authorized under this subsection), the Governor de19 termines that the emergency shortage has not ended, any 

20 extension of such state of emergency by the Governor, up 

21 to 2 additional 30-day periods, shall be recognized by the 

22 Federal Motor Carrier Safety Administration as a period 

23 during which parts 390 through 399 of chapter III of title 

24 49, Code of Federal Regulations, shall not apply to any 

25 motor carrier or driver operating a commercial motor vehiVerDate Mar 15 2010 23:16 May 20, 2014 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S2086.RS S2086

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1 cle to provide residential heating fuel in the geographic 

2 area so designated as under a state of emergency. 

3 (c) RULEMAKING.—The Secretary of Transportation 

4 shall amend section 390.23(a)(1)(ii) of title 49, Code of 

5 Federal Regulations, to conform to the provision set forth 

6 in subsection (b). 

7 (d) SAVINGS PROVISION.—Nothing in this section 

8 may be construed to modify the authority granted to the 

9 Federal Motor Carrier Safety Administration’s Field Ad10 ministrator under section 390.23(a) of title 49, Code of 

11 Federal Regulations, to offer temporary exemptions from 

12 parts 390 through 399 of such title. 

13 SEC. 3. ENERGY INFORMATION ADMINISTRATION NOTIFI14 CATION REQUIREMENT. 

15 The Administrator of the Energy Information Ad16 ministration, using data compiled from the Administra17 tion’s Weekly Petroleum Status Reports, shall notify the 

18 Governor of each State in a Petroleum Administration for 

19 Defense District if the inventory of residential heating fuel 

20 within such district has been below the most recent 5-year 

21 average for more than 3 consecutive weeks. 

22 SEC. 4. PROPANE AND HOME HEATING FUEL EMERGENCY 

23 TRANSPORTATION. 

24 (a) IN GENERAL.—Notwithstanding any other provi25 sion of law, a covered emergency exemption issued by the 


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1 Federal Motor Carrier Safety Administration shall remain 

2 in effect until May 31, 2014, unless the Secretary of 

3 Transportation, after consultation with the Governors of 

4 affected States, determines that the emergency for which 

5 the exemption was provided ends before that date. 

6 (b) COVERED EMERGENCY EXEMPTION DEFINED.— 

7 In this section, the term ‘‘covered emergency exemption’’ 

8 means an exemption issued under section 390.23 of title 

9 49, Code of Federal Regulations, or extended under sec10 tion 390.25 of such title that— 

11 (1) was issued or extended during the period 

12 beginning on February 5, 2014, and ending on the 

13 date of enactment of this Act; and 

14 (2) provided regulatory relief for commercial 

15 motor vehicle operations providing direct assistance 

16 supporting the delivery of propane and home heating 

17 fuels. 

18 (c) RULE OF CONSTRUCTION.—Nothing in sub19 section (a) may be construed to prohibit the Federal 

20 Motor Carrier Safety Administration from issuing or ex21 tending a covered emergency exemption beyond May 31, 

22 2014, under other Federal law. 

23 SECTION 1. SHORT TITLE. 

24 This Act may be cited as the ‘‘Reliable Home Heating 

25 Act’’. 


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•S 2086 RS

1 SEC. 2. AUTHORITY TO EXTEND EMERGENCY DECLARA2 TIONS FOR PURPOSES OF TEMPORARILY EX3 EMPTING MOTOR CARRIERS PROVIDING 

4 EMERGENCY RELIEF FROM CERTAIN SAFETY 

5 REGULATIONS. 

6 (a) DEFINED TERM.—In this Act, the term ‘‘residen7 tial heating fuel’’ includes— 

8 (1) heating oil; 

9 (2) natural gas; and 

10 (3) propane. 

11 (b) AUTHORIZATION.—If the Governor of a State de12 clares a state of emergency caused by a shortage of residen13 tial heating fuel and, at the conclusion of the initial 30- 

14 day emergency period (or a second 30-day emergency period 

15 authorized under this subsection), the Governor determines 

16 that the emergency shortage has not ended, any extension 

17 of such state of emergency by the Governor, up to 2 addi18 tional 30-day periods, shall be recognized by the Federal 

19 Motor Carrier Safety Administration as a period during 

20 which parts 390 through 399 of chapter III of title 49, Code 

21 of Federal Regulations, shall not apply to any motor carrier 

22 or driver operating a commercial motor vehicle to provide 

23 residential heating fuel in the geographic area so designated 

24 as under a state of emergency. 

25 (c) RULEMAKING.—The Secretary of Transportation 

26 shall amend section 390.23(a)(1)(ii) of title 49, Code of FedVerDate Mar 15 2010 23:16 May 20, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\S2086.RS S2086

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1 eral Regulations, to conform to the provision set forth in 

2 subsection (b). 

3 (d) SAVINGS PROVISION.—Nothing in this section may 

4 be construed to modify the authority granted to the Federal 

5 Motor Carrier Safety Administration’s Field Administrator 

6 under section 390.23(a) of title 49, Code of Federal Regula7 tions, to offer temporary exemptions from parts 390 through 

8 399 of such title. 

9 SEC. 3. ENERGY INFORMATION ADMINISTRATION NOTIFI10 CATION REQUIREMENT. 

11 The Administrator of the Energy Information Admin12 istration, using data compiled from the Administration’s 

13 Weekly Petroleum Status Reports, shall notify the Governor 

14 of each State in a Petroleum Administration for Defense 

15 District if the inventory of residential heating fuel within 

16 such district has been below the most recent 5-year average 

17 for more than 3 consecutive weeks. 

18 SEC. 4. REVIEW. 

19 Not later than 12 months after the date of enactment 

20 of this Act, the Secretary of Transportation shall conduct 

21 a study of, and transmit to the Committee on Commerce, 

22 Science, and Transportation of the Senate and the Com23 mittee on Transportation and Infrastructure of the House 

24 of Representatives, a report on the impacts of safety from 

25 the extensions issued by Governors according to this Act. 


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1 In conducting the study, the Secretary shall review, at a 

2 minimum— 

3 (1) the safety implications of extending exemp4 tions; and 

5 (2) a review of the exemption process to ensure 

6 clarity and efficiency during emergencies. 


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Calendar No. 379 

113TH CONGRESS 

2D SESSION S. 2086 

[Report No. 113–162] 

A BILL 

To address current emergency shortages of propane 

to address such emergencies in the future. greater flexibility and information for Governors and other home heating fuels and to provide 

MAY 20, 2014 

Reported with an amendment 


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