Okla. Admin. Code § 1:2015-1

Current through Vol. 42, No. 4, November 1, 2024
Section 1:2015-1

WHEREAS, the State of Oklahoma is experiencing ex- tremely cold weather after a period of unseasonably mild temperatures, which has resulted in increased demand for liquefied petroleum gas (hereina fter referred to as "propane");

WHEREAS, propane resources at certain Oklahoma re- fineries are currently stre ssed, significantly dela ying the delivery of propane to transportation companies in some in- stances, thereby forcing transpo rtation companies and retailers to obtain propane from other locations in surroundi ng states;

WHEREAS, many Oklahoman residents depend on the use of propane for survival during the winter months; and

WHEREAS, the limited suspension of certain ho urs of service regulations for drivers of commercial motor vehicles transporting propane in our state will ensure adequate supplies of propane throughout the state, thereb y reducing the damag- ing effects of a pote ntial shortage;

NOW, THEREFORE, I, Mary Fallin, Governor of the State of Oklahoma, pursuant to the power vest ed 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, here by declare that because there is a state of emergency existing in the State of Oklahoma due to limited propane supplies, it is necessary to assist and expedite all efforts of transportation o f propane 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 emerg ency provides relief for thirty (30) days from Parts 390 through 399 of the Federal Motor Carrier Safety regulations for those inter state and intrastate carriers who are providing dire ct 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 fo r 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 port ion of the regulations not specifical ly identified herein. Motor car- riers that have an Out-Of-Service Order in effect cannot take advantage of the relief from regulation that this de claration provides.

This Order applies only to the transportation of propane to provide direct assistance to this emergency. No o ther products, including other petroleum pr oducts, are covered by the exemp- tion and suspension under this Order.

This emergency notice will remain in effect for thirty (30) days, from January 9, 2015, through February 7, 2015.

Copies of this Executive Order shall be distributed to the Director of Emergency Management who shal l cause the provisions of this Order to be implemented by all appropriate agencies of state government.

IN WITNESS WHEREOF, I have hereunto se tmyhand and caused the Great Seal of th e State of Oklahoma to be af- fixed at Oklahoma City, Oklahoma, this 8th day of January, 2015.

BY THE GOVERNOR OF THE

STATE OF OKLAHOMA

Mary Fallin

ATTEST:

Chris Benge

Secretary of State

Okla. Admin. Code § 1:2015-1

Adopted by Oklahoma Register, Volume 32, Issue 10, February 2, 2015, eff. 1/9/2015