II 

113TH CONGRESS 

2D SESSION S. 2086 

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, and Mr. BLUNT) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Act’’. 


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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 resi13 dential heating fuel and, at the conclusion of the initial 

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

15 period authorized under this subsection), the Governor de16 termines that the emergency shortage has not ended, any 

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

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

19 Federal Motor Carrier Safety Administration as a period 

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

21 49, Code of Federal Regulations, shall not apply to any 

22 motor carrier or driver operating a commercial motor vehi23 cle to provide residential heating fuel in the geographic 

24 area so designated 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 


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1 Federal Regulations, to conform to the provision set forth 

2 in subsection (b). 

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

4 may be construed to modify the authority granted to the 

5 Federal Motor Carrier Safety Administration’s Field Ad6 ministrator under section 390.23(a) of title 49, Code of 

7 Federal Regulations, to offer temporary exemptions from 

8 parts 390 through 399 of such title. 

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

11 The Administrator of the Energy Information Ad12 ministration, using data compiled from the Administra13 tion’s Weekly Petroleum Status Reports, shall notify the 

14 Governor of each State in a Petroleum Administration for 

15 Defense District if the inventory of residential heating fuel 

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

17 average for more than 3 consecutive weeks. 

18 SEC. 4. PROPANE AND HOME HEATING FUEL EMERGENCY 

19 TRANSPORTATION. 

20 (a) IN GENERAL.—Notwithstanding any other provi21 sion of law, a covered emergency exemption issued by the 

22 Federal Motor Carrier Safety Administration shall remain 

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

24 Transportation, after consultation with the Governors of 


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1 affected States, determines that the emergency for which 

2 the exemption was provided ends before that date. 

3 (b) COVERED EMERGENCY EXEMPTION DEFINED.— 

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

5 means an exemption issued under section 390.23 of title 

6 49, Code of Federal Regulations, or extended under sec7 tion 390.25 of such title that— 

8 (1) was issued or extended during the period 

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

10 date of enactment of this Act; and 

11 (2) provided regulatory relief for commercial 

12 motor vehicle operations providing direct assistance 

13 supporting the delivery of propane and home heating 

14 fuels. 

15 (c) RULE OF CONSTRUCTION.—Nothing in sub16 section (a) may be construed to prohibit the Federal 

17 Motor Carrier Safety Administration from issuing or ex18 tending a covered emergency exemption beyond May 31, 

19 2014, under other Federal law. 

Æ 


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