Okla. Admin. Code § 1:2014-1

WHEREAS, the State of Oklahoma has and is continuing to experience an unusually cold winter and has experienced multiple winter storms that brought significant amounts of snow, ice, and freezing rain across our state. These weather conditions have resulted in an increased demand for liquefied petroleum gas (hereinafter referred to "Propane") and thereby depleted the amount of propane available in Oklahoma;

WHEREAS, many Oklahoma residents depend on the use of propane for survival during the winter months and the effects of the shortage are being felt throughout the state;

WHEREAS, the limited suspension of certain hours of service regulations for drivers of commercial motor vehicles transporting propane in our state will increase the amount of propane throughout the state, thereby reducing the potentially damaging effects of this shortage.

NOW, THEREFORE, I, Mary Fallin, Governor of the State of Oklahoma, 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 Title 49 C.F.R. Part 390.23, hereby declare that because there is a state of emergency existing in the State of Oklahoma due to a liquefied petroleum gas shortage, it is necessary to assist and expedite all efforts of transportation of liquefied petroleum gas into and throughout Oklahoma. Further, pursuant to 52 O.S. § 421.1, I declare a Liquefied Petroleum Gas Emergency. In order to accommodate this need and to provide assistance to the citizens of Oklahoma in this extraordinary situation, I hereby order the following as they apply to vehicles used in the support efforts:

1. Exemption from Parts 390 through 399 of Title 49 of the Federal Motor Carrier Safety Regulations; and

2. Trucks and operators carrying liquefied petroleum gas and meeting all certification, permit, and licensing requirements of the federal government and their home state shall be permitted to transport liquefied petroleum gas in and through Oklahoma without obtaining any license, permit, or certification required by this state.

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 liquefied petroleum gas 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 30 days, January 6, 2014, through February 5, 2014.

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 6th day of January, 2014.

BY THE GOVERNOR OF THE STATE OF OKLAHOMA

Mary Fallin

ATTEST:

Chris Benge

Secretary of State

Notes

Okla. Admin. Code § 1:2014-1

Added at 31 Ok reg 387, eff 1-6-14