Okla. Admin. Code § 1:2017-44
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 cold weather temperatures over the holidays, may result in increased demand for propane; and
WHEREAS, liquefied petroleum products resource 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 Oklahoman 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;
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 products 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 Federal Motor Carrier Safety Regulations.
Declaration of this emergency provides relief for fourteen (14) days from Parts 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 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.
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.
This emergency notice will remain in effect for fourteen (14) days from December 22, 2017.
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.
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 22nd day of December 2017.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
Mary Fallin
ATTEST:
Dave Lopez
Secretary of State
Okla. Admin. Code § 1:2017-44