Okla. Admin. Code § 1:2022-30A
AMENDED EXECUTIVE ORDER 2022-34
Whereas, southeast Oklahoma was impacted by tornadoes and severe storms on November 4, 2022, which caused extensive damages in McCurtain County as well as some additional damages in surrounding counties; and
Whereas, storm damage in southeast Oklahoma directly impacted the poultry industry and agriculture feed providers causing disruptions to business and impacts to agriculture producers in the area; and
Whereas, agriculture and poultry production are primary industries in southeast Oklahoma, and many residents depend on these sectors for their livelihood, and Oklahoma and poultry products produced in southeast Oklahoma are consumed across the country therefore extensive disruptions may have a national impact; and
Whereas, the limited suspension of certain hours of service regulations for drivers of commercial motor vehicles transporting feed for poultry producers in our state will ensure adequate supplies, thereby reducing the damaging effects of ongoing impacts from the November 4, 2022, tornadoes and severe storms;
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, it is necessary to assist and expedite all efforts of transportation of agriculture feed products for producers of broiler poultry 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.
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 agriculture feed products for producers of broiler poultry to provide direct assistance to this emergency. No other products are covered by the exemption and suspension under this Order.
This emergency notice will remain in effect for 30 days.
Copies of this Executive Order shall be distributed to the Director of Emergency Management and Homeland Security, Department of Public Safety, Department of Agriculture, Food, & Forestry, Department of Transportation, Oklahoma Corporation Commission, and the Oklahoma Tax Commission, 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 29 th day of December, 2022.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
J. Kevin Stitt
ATTEST:
Brian Bingman
Secretary of State
Okla. Admin. Code § 1:2022-30A