Oklahoma Administrative Code › Title 1 - EXECUTIVE ORDERS › Section 1:2014-01A

Current through Vol. 41, No. 20, July 1, 2024
WHEREAS, the State of Oklahoma has and is continuing to
			 experience an unusually cold winter and has experienced multiple winter storms
			 that brought significant amounts of snow, ice, and freezing rain across our
			 state. These weather conditions have resulted in an increased demand for
			 liquefied petroleum gas (hereinafter referred to "Propane") and thereby
			 depleted the amount of propane available in Oklahoma;
WHEREAS, many Oklahoma residents depend on the use of propane
			 for survival during the winter months and the effects of the shortage are being
			 felt throughout the state;
WHEREAS, the limited suspension of certain hours of service
			 regulations for drivers of commercial motor vehicles transporting propane in
			 our state will increase the amount of propane throughout the state, thereby
			 reducing the potentially damaging effects of this shortage.
NOW, THEREFORE, I, Mary Fallin, Governor of the State of
			 Oklahoma, pursuant to the power vested in me by Sections 1 and 2 of Article VI
			 of the Oklahoma Constitution and 63 O.S. §
							683.1 et
			 seq., and pursuant to Title 49 C.F.R. Part 390.23, hereby declare that because
			 there is a state of emergency existing in the State of Oklahoma due to a
			 liquefied petroleum gas shortage, it is necessary to assist and expedite all
			 efforts of transportation of liquefied petroleum gas into and throughout
			 Oklahoma. Further, pursuant to 52 O.S. § 421.1, I declare a Liquefied
			 Petroleum Gas Emergency. In order to accommodate this need and to provide
			 assistance to the citizens of Oklahoma in this extraordinary situation, I
			 hereby order the following as they apply to vehicles used in the support
			 efforts:
1. Exemption from Parts 390
		  through 399 of Title 49 of the Federal Motor Carrier Safety Regulations;
		  and
2. Trucks and operators
		  carrying liquefied petroleum gas and meeting all certification, permit, and
		  licensing requirements of the federal government and their home state shall be
		  permitted to transport liquefied petroleum gas in and through Oklahoma without
		  obtaining any license, permit, or certification required by this state.
Declaration of this emergency provides relief for 30 days from
			 Sections 390 through 399 of the Federal Motor Carrier Safety regulations for
			 those interstate and intrastate carriers who are providing direct assistance to
			 this emergency. Direct assistance terminates when a driver or commercial motor
			 vehicle is used in interstate or intrastate commerce to transport cargo not
			 destined for the emergency relief effort, or when a motor carrier dispatches
			 such driver or vehicle to a location outside the relief area.
Nothing contained in this declaration shall be construed as an
			 exemption from the Controlled Substance and Alcohol Use and Testing
			 requirements ( 49 C.F.R. Part 382 ), the Commercial Driver License requirements
			 ( 49 C.F.R. Part 383 ), the Financial Responsibility requirements ( 49 C.F.R.
			 Part 387 ), or any other portion of the regulations not specifically identified
			 herein. Motor carriers that have an Out-Of-Service Order in effect cannot take
			 advantage of the relief from regulation that this declaration provides.
This Order applies only to the transportation of liquefied
			 petroleum gas to provide direct assistance to this emergency. No other
			 products, including other petroleum products, are covered by the exemption and
			 suspension under this Order. Further, I hereby direct Director Ed Lake,
			 Oklahoma Department of Human Services, to expedite and provide preference to
			 all Heating Assistance applications for qualifying individuals and families who
			 use propane as their primary or only source of heat.
Further, the Energy Crisis Assistance application period shall
			 open immediately for qualifying individuals and families who use propane as
			 their primary or only source of heat.
By issuance of this Order, the Oklahoma Emergency Price
			 Stabilization Act is in effect. I hereby request the Office of the Attorney
			 General to continue to take any and all steps necessary to ensure that no one
			 doing business in this State are violating the Act and that those who choose to
			 violate the Act are prosecuted to the fullest extent of the law.
This emergency notice will remain in effect through March 2,
			 2014.
Copies of this Executive Order shall be distributed to the
			 Secretary of Energy and Environment, the Secretary of Safety and Security, the
			 Secretary of Transportation, the Director of Emergency Management, the Director
			 of the Department of Human Services, and the Attorney General who shall cause
			 the provisions of this order to be implemented by all appropriate agencies of
			 state government.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
			 Great Seal of the State of Oklahoma to be affixed at Oklahoma City, Oklahoma,
			 this 31st day of January, 2014.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
Mary Fallin
ATTEST:
Chris Benge
Secretary of State
Added as amendment to EO 14-1 (codified at 1:2014-1) at 31 Ok
				Reg 421, eff 1-31-14