Oklahoma Administrative Code › Title 1 - EXECUTIVE ORDERS › Section 1:2017-44B

Current through Vol. 41, No. 20, July 1, 2024
WHEREAS, the State of Oklahoma is experiencing cold weather after
			 a period of unseasonably mild temperatures, which has resulted in increased
			 demand for liquefied petroleum products, hereinafter referred to as "propane;"
			 and
WHEREAS, distributors of liquefied petroleum products in the
			 State of Oklahoma are experiencing challenges in the implementation of
			 electronic logging devices; and
WHEREAS, the potential for continued cold weather temperatures
			 may result in increased demand for propane; and
WHEREAS, liquefied petroleum products resources at certain
			 Oklahoma refineries are currently stressed, significantly delaying the delivery
			 of liquefied petroleum products to transportation companies in some instances,
			 thereby forcing transportation companies and retailers to obtain liquefied
			 petroleum products from other locations in surrounding states; and
WHEREAS, many Oklahoma residents depend on the use of liquefied
			 petroleum products 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 in our state will ensure adequate supplies of liquefied
			 petroleum products throughout the state, thereby reducing the damaging effects
			 of a potential shortage; and
WHEREAS, the U.S. Department of Transportation Federal Motor
			 Carrier Safety Administration issued Regional Declaration of Emergency Under
			 49 CFR
			 390.23 on December 30, 2017 and extended the
			 Declaration on January 10, 2018 which remains in effect until the duration of
			 the emergency or 11:59 PM (ET), January 28, 2018 whichever comes first. The
			 Declaration includes the state of Oklahoma in its exemption from Parts 390
			 through 399 of the Federal Motor Carrier Safety Regulations (FMCSRs);
NOW, THEREFORE, I, Mary Fallin, 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 product supplies,
			 it is necessary to assist and expedite all efforts of transportation of
			 liquefied petroleum products 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 Code of Federal Motor
			 Carrier Safety Regulations.
Nothing contained in this declaration shall be construed as an
			 exemption from the Controlled Substances and Alcohol Use and Testing
			 requirements (49 C.F.R. Part 382), the Commercial Driver's License Standards
			 requirements (49 C.F.R. Part 383), the Minimum Levels of Financial
			 Responsibility for Motor Carrier 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 on his/her needs, as long as the sum of all said sleeper berth
			 time totals a minimum of the required 8 hours.
This Order applies only to the transportation of liquefied
			 petroleum products to provide direct assistance to this emergency. No other
			 products, including other petroleum products, are covered by the exemption and
			 suspension under this Order.
Copies of this Executive Order shall be distributed to the
			 Director of Emergency Management who shall cause the provisions of this Order
			 to be implemented by all appropriate agencies of state government.
This emergency notice will remain in effect for the duration of
			 the emergency (as defined in
			 49
			 CFR §
								390.5 ) or until 11:59 PM (ET),
			 January 28, 2018, whichever comes first.
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 12th day of January 2018.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
Mary Fallin
ATTEST:
Dave Lopez
Secretary of State