Emergency Proclamation News
Click HERE for Proclamation Signed by Governor LePage - January 9, 2015. This will be in effect until 1/23/15 and we will work with MEMA to extend it if necessary.
FMCSA WITHDRAWS EMERGENCY PROVISIONS FOR PROPANE AND HOME HEATING FUEL HAULS IN MOST STATES
The FMCSA today rescinded certain emergency exemptions to provide regulatory relief to commercial motor vehicle operators directly supporting the delivery of propane and other home heating fuels. At the urging of ATA and other stakeholders, the President signed the Home Heating Emergency Assistance Through Transportation Act of 2014 on March 21 to help expedite the delivery of fuel in areas facing fuel shortages due to conditions brought on by this year’s extreme winter weather. Under HHEATT, the exemptions were to run through May 31 unless emergency circumstances subsided prior to that date. FMCSA has consulted with the governors in impacted states to determine whether emergency circumstances still exist to warrant continuation of emergency hauling exemptions. As a result, 30 states and the District of Columbia indicated they no longer are experiencing shortages of propane and other home heating fuels. Effective immediately, FMCSA is rescinding the emergency declarations or extensions issued between February 5, 2014, and March 21, 2014, for the following States and the District of Columbia: Ala., Ark., Conn., Del., Fla., Ga., Ind., Iowa, Kan., Ky., La., Maine, Mass., Mich., Miss., Mo., Neb., N.H., N.J., N.Y., N.D., Ohio, Okla., R.I., S.C., S.D., Tenn., Vt., W.Va., and Wis. Six governors have indicated that fuel supplies in their states have not yet returned to normal and they want the emergency declaration extension to remain in effect until further notice, but in no circumstances, beyond May 31, 2014. These 6 states include: Ill., Md., Minn., N.C., Pa., and Va.
Click Here for the 12/31/13 emergency proclamation from Governor LePage granting relief for heating fuel and bulk petroleum product transport and delivery. This proclamation is from today through 1/18/14.
As a reminder, the proclamation is for drivers providing direct relief to the emergency and drivers should carry a copy with them in the truck.
A provision is added to this proclamation regarding the use of ill or fatigued drivers. Members should review this new provision.
The original proclamation dated 12/13/13, specific to heating fuel and bulk petroleum products, is set to expire at midnight on 12/27. This proclamation was superseded when Governor LePage declared of a state of emergency (SOE) on 12/21 due to the ice storm.
The SOE is more broad than the original proclamation and allows for relief from the regulations under Part 390.23, as long as the motor carrier is providing relief to the emergency in Maine. This means all commodities are covered if the transportation is to provide relief to the emergency. Maine Emergency Management expects the SOE to remain in effect through the middle of next week.
The SOE is recognized by the Maine State Police and FMCSA and has been posted on the FMCSA home page with all declarations from across the country. It covers motor carriers in intrastate and interstate commerce who are providing relief to the emergency in Maine.
It is recommended that drivers carry a copy of the SOE with them.
A copy of the SOE can be found at https://www.mmta.com/image_upload/Governor%20Broad%20SOE%20Ice%20Storm%2012-21-13.pdf
The original 12/13/13 proclamation can be found at https://www.mmta.com/document_upload/Emergency%20Proclamation%20RE%20Cold%20Temperatures%2012-13-13.pdf
We are confident that MEMA and the Governor’s Office understand the fuel supply issues as related by our members. Maine Emergency Management will re-evaluate the need for a fuel specific proclamation prior to the Governor lifting the current SOE.
NH EMERGENCY DECLARATION UPDATE: https://www.mmta.com/image_upload/NH%20Declaration%20of%20Emergency%20Notice%20Extension%2012-27-13.pdf
Click here for a copy of the proclamation: https://www.mmta.com/document_upload/Emergency%20Proclamation%20RE%20Cold%20Temperatures%2012-13-13.pdf
For Immediate Release: December 13
Contact: Peter Steele, Communications Director, (207) 287-5086
Governor Declares Limited Emergency to Ensure Fuel Deliveries to Maine Homes
AUGUSTA—Governor Paul R. LePage has signed a limited Emergency Proclamation that will allow Maine fuel transport and delivery trucks to drive additional hours to ensure timely heating fuel deliveries during the unusually cold weather that is expected over the next several days.
“This declaration will allow heating fuel to be delivered to Maine families when they need it most during this frigid weather,” Governor LePage said. “Keeping homes warm is critical to protect the public health and safety of Mainers.”
Propane has been in short supply, and the situation is expected to worsen as demand increases due to cold weather. The supply from Canada has been impacted because the Northern Rail Route is closed due to the tragic accident at Lac Megantic.
Propane has been sent to dry crops in the west because of wet weather, which means fewer trucks are available from other parts of country. Because of these factors, propane inventories are 25% lower than normal in Maine, and fewer outside haulers are available to come to Maine.
More than home heating fuels are impacted: fuels used in manufacturing, business heating, fork lift and other vehicle operations are also affected.
Much colder than normal weather is expected over next 30 days. The Governor’s proclamation waives U.S. Department of Transportation rules and extends the hours of service for heating fuel transport and delivery trucks within the State of Maine for two weeks.
“We will review supply and weather conditions to decide whether an extension is needed at that time,” said the Governor.
In addition, the Maine Emergency Management Agency has posted safety tips for dealing with severe cold at http://www.maine.gov/mema/prepare/prep_winter.shtml
The text of the proclamation is:
Governor’s Emergency Proclamation for US-DOT Federal Motor Carrier Safety Administration Hours of Service Waiver
WHEREAS, Maine is experiencing arctic cold temperatures and dangerous wind chills; and
WHEREAS, this cold weather is expected to continue for the next several days affecting the entire State; and
WHEREAS, heating fuel in Maine is in great demand because of the cold, and
WHEREAS, federal motor carrier safety regulations determine the number of hours the drivers of heating fuel and bulk petroleum delivery and transport vehicles may operate; and
WHEREAS, many drivers in the State will shortly be approaching their federal limit on hours of operation and may have to cease delivery of heating fuel and bulk petroleum fuels; and
WHEREAS, these conditions threaten public health and safety and endanger public property if heating fuels cannot be transported or delivered within the State of Maine; and
WHEREAS, the declaration of a State of Emergency will facilitate the granting of a waiver from the U.S. Department of Transportation - Federal Motor Carrier Safety Administration, pursuant to 49 CFR part 390.23 to allow relief from 49 CFR parts 390 through 399, specifically 49 CFR part 395 Hours of Service of Drivers, and subject to the limitations described below, and therefore allow heating fuel and bulk petroleum delivery and transport drivers to operate additional hours; and
WHEREAS, motor carriers that have an Out-Of-Service Order in effect may not take advantage of the relief from regulation that such a declaration provides under 49 CFR 390.23,
NOW THEREFORE, I, Paul R. LePage, Governor of the State of Maine, by virtue of the authority vested in me by the Constitution and laws of Maine, find that these conditions constitute a civil emergency under 37-B M.R.S.A. section 742, and for the purpose pursuant to 49 CFR part 390.23 of facilitating a waiver to the U.S. Department of Transportation, Federal Motor Carrier Safety Regulations, specifically 49 CFR part 395 Hours of Service of Drivers, do hereby declare that a State of Emergency for fuel drivers operating within the State of Maine exists as of December 13, 2013 through December 27, 2013.
NEW HAMPSHIRE EMERGENCY DECLARATION - https://www.mmta.com/image_upload/NH%20Declaration%20of%20Emergency%20Notice%20-%20cold%20and%20snow%20-%2012-19-13.pdf
MASSACHUSETTS EMERGENCY DECLARATION - https://www.mmta.com/image_upload/MA%20Notification.pdf
NEW YORK EMERGENCY DECLARATION - https://www.mmta.com/image_upload/NY%20Waiver.pdf