STATE OF INDIANA
EXECUTIVE DEPARTMENT
INDIANAPOLIS
FOR: WAIVER OF HOURS OF SERVICE REGULATIONS RELATING TO MOTOR CARRIERS AND DRIVERS TRANSPORTING PROPANE GAS
TO ALL WHOM THESE PRESENTS MAY COME, GREETINGS:
WHEREAS, approximately 500,000 Hoosiers depend upon propane gas to heat their homes, businesses, schools, and public buildings;
WHEREAS, the State of Indiana, due to extraordinarily cold weather, has experienced a significant increase in demand for propane gas in recent days;
WHEREAS, the current demand for propane gas exceeds the locally available supply thereof, and distributors of propane in our State are already beginning to experience shortages in supply, long lines at terminals, and related transportation challenges such as a shortage of drivers and the necessity for existing drivers to travel longer distances in search of propane gas;
WHEREAS, the suspension of certain hours of service regulations for the drivers of commercial motor vehicles transporting propane gas in our State will help ensure that adequate supplies thereof are distributed throughout Indiana;
WHEREAS, drivers of commercial motor vehicles, including those who transport and deliver propane gas, are statutorily limited in the number of hours they may operate in any given day pursuant to 49 CFR 395 of the Federal Motor Carrier Safety Regulations, incorporated by reference into Indiana statute under
IC 8-2.1-24-18;
WHEREAS, applicable federal regulations include 49 CFR 390 through 49 CFR 399, which allow for an exemption to be issued in connection herewith;
WHEREAS, under
IC 10-14-3-12, the Governor may suspend the provisions of any regulatory statute prescribing procedures for conduct of state business, or the orders, rules, or regulations of any state agency, if strict compliance with any of the provisions would in any way prevent, hinder, or delay necessary action in coping with an emergency; and
WHEREAS, in light of the above, and for the benefit of our State and safety of its people, it is necessary and appropriate to assist with and expedite any and all efforts to obtain and transport propane gas throughout the State of Indiana;
NOW, THEREFORE, I, Eric J. Holcomb, by virtue of the authority vested in me as Governor of the State of Indiana, do hereby order that:
1. Motor carriers and drivers transporting propane in the State of Indiana during this emergency shall be exempt from regulations restricting their hours of service under 49 CFR 395, incorporated by reference into Indiana statute under
IC 8-2.1-24-18. This exemption shall be effective from the time of issuance of this Order until January 25, 2024, unless it is terminated or further extended by order of the Governor.
2. Nothing contained in this declaration shall be construed as an exemption for any portion of the Motor Carrier Safety Regulations other than those regulating hours of service.
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| | IN TESTIMONY WHEREOF, I, Eric J. Holcomb, have hereunto set my hand and caused to be affixed the Great Seal of the State of Indiana, on this 15th day of January, 2024. |
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| | Eric J. Holcomb |
| | Governor of Indiana |
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| SEAL | |
| ATTEST: | Diego Morales |
| | Secretary of State |
Posted: 01/24/2024 by Legislative Services Agency
DIN: 20240124-IR-GOV240045EOA
Composed: May 29,2024 5:52:31PM EDT
A
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