Oklahoma Administrative Code › Title 1 - EXECUTIVE ORDERS › Section 1:2021-4A

Current through Vol. 41, No. 20, July 1, 2024
Amended Executive Order 2021-4
WHEREAS, the State of Oklahoma and many of the surrounding
			 states are experiencing an extended period of extremely cold weather, which has
			 resulted in an increased demand for liquefied petroleum gas, also referred to
			 as "propane;" and certain other fuels; and
WHEREAS, distributors of liquified petroleum products and other
			 fuels in the State of Oklahoma are already beginning to experience shortages in
			 supply and transportation challenges; and
WHEREAS, many Oklahoman residents depend on the use of liquefied
			 petroleum products and other fuels for survival during the winter months; and
WHEREAS, the limited suspension of certain hours of service
			 regulations for drivers of commercial motor vehicles transporting liquefied
			 petroleum products and other fuels in our state will ensure adequate supplies
			 of liquefied petroleum products throughout the state, thereby reducing the
			 damaging effects of a potential shortage;
NOW, THEREFORE, I, J. Kevin Stitt, Governor, 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
			 Part 390.23 of Title 49 of the Code of Federal Regulations, hereby declare that
			 because there is a state of emergency existing in the State of Oklahoma due to
			 limited liquefied petroleum products supplies, it is necessary to assist and
			 expedite all efforts of transportation of liquefied petroleum products and
			 related fuels throughout Oklahoma. In order to accommodate this need and to
			 provide assistance to the citizens of Oklahoma in this extraordinary situation,
			 I hereby order vehicles used in the support efforts to be exempt from Parts 390
			 through 399 of Title 49 of the Federal Motor Carrier Safety Regulations.
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.
Further, I hereby order that, where a consumer tank for
			 liquified petroleum products is at 10% of capacity or less, dealers of
			 liquefied petroleum products are exempt from prohibitions in Oklahoma
			 administrative rules including, but not limited to OAC
			 420:10-1-20(c)(1),
			 concerning the ability of such dealers to fill the tanks belonging to other
			 dealers (commonly known as "lease tanks"). Dealers affected by this waiver
			 shall conduct a leak check and comply with customary Form 4 documentation.
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.
While operating under this Order, drivers of commercial motor
			 vehicles shall be required to spend a minimum of 8 hours in sleeper berth
			 within any given 24-hour period. The duration of each timeframe spent in
			 sleeper berth within each 24-hour period shall be at the discretion of each
			 driver based in his/her needs, as long as the sum of all said sleeper berth
			 totals a minimum of the required 8 hours.
This Order applies primarily to the transportation of liquefied
			 petroleum gas to provide direct assistance to this emergency. The only other
			 fuels subject to this Order are those not under the exclusive jurisdiction of
			 the Oklahoma Corporation Commission.
This emergency notice will remain in effect until
			 11:59 p.m. (ET) on March 1, 2021.
Copies of this Executive Order shall be distributed to the
			 Director of the Oklahoma Department of Emergency Management, Oklahoma
			 Corporation Commission, Oklahoma Department of Transportation, and the Oklahoma
			 Department of Public Safety, 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 17 
			 th day of February, 2021.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
J. Kevin Stitt
ATTEST:
Brian Bingman
Secretary of State