EXECUTIVE ORDER: 09-09

FOR: WAIVER OF HOURS OF SERVICE REGULATIONS RELATING TO MOTOR CARRIERS AND DRIVERS TRANSPORTING PROPANE GAS

TO ALL TO WHOM THESE PRESENTS MAY COME, GREETINGS.

WHEREAS, the early heavy rains hampered the planting of Indiana's crops and the late planting is demanding crop drier gas in quantities not experienced in ten years;

WHEREAS, propane gas delivery trucks are extremely strained to keep up the demand for crop drier gas and the emerging annual demand for home heating propane gas;

WHEREAS, under IC 8-2.1-24-18, the "hours of service" requirements of 49 CFR § 395 apply to the drivers of commercial motor vehicles operating in this state;

WHEREAS, the Indiana Propane Gas Association has requested relief from the "hours of service" regulations for motor carriers operating in intrastate commerce, set forth in IC 8-2.1-24-18, to allow the propane marketers across the state to meet the required deliveries; and

WHEREAS, under IC 10-14-3-12, the governor may suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business, or the orders, rules or regulations of any state agency if strict compliance with any of these provisions would in any way prevent, hinder, or delay necessary action in coping with the emergency.

NOW, THEREFORE, I, Mitchell E. Daniels, Jr., by virtue of the authority vested in me as Governor of the State of Indiana, pursuant to IC 10-14-3-12, do hereby declare that a disaster emergency exists and order that:

SEAL

ATTEST: Todd Rokita

Secretary of State