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Commonwealth Of Kentucky Official Order No.110950: Declaration Of Emergency For Transport Of Petroleum As A Result Of Hurricane Harvey

Matthew G. Bevin
Governor

Greg Thomas
Secretary

COMMONWEALTH OF KENTUCKY
TRANSPORTATION CABINET
Frankfort, Kentucky 40622
www.transportation.ky.gov/
COMMONWEALTH OF KENfWCKY
TRANSPORTATION CABINET
FRANKFORT, KY

OFFICE OF THE SECRETARY OFFICIAL ORDER NO. 110950

SUBJECT: DECLARATION OF EMERGENCY FOR 'FRANSPORT OF PETROLEUM AS A RESULT OF HURRICANE HARVEY

WHEREAS, Texas and Louisiana have suffered, and will continue to suffer. considerable damage from storm winds and flooding due to Hurricane Harvey; and

WHEREAS, there are significant oil refineries located in the storm effected areas of Port Arthur, Galveston Bay, Corpus Christi and Lake Charles that are currently out of service and will likely not regain full production capacity for a considerable bount of time; and

WHEREAS, this situation has resulted distribution, delivery and slaffmg problems for petroleum and its transport to and within the Commonwealth of Kentucky; and

WHEREAS, 49 CFR, Part 395, KRS 281. 730. 601 KAR I :005 impose maximum driving time upon drivers of motor carriers; and

WHEREAS, this the Declaration of Emergency wil I facilitate the granting of a waiver from the U.S. Department of Transportation, Federal Motor Carri~r Safety Administration, pursuant to 49 C.F.R. Section 390.23, to allow for relief from 49 C.F.R. Sections 390 through 399 and subject to the limitations below, and

WHEREAS, motor carriers that have an Out-Of-Service Order in effect may not take advantage of the relief from regulation that this declaratioh provides under 49 C.F.R. Section 390.23 as this relates only to the transportation of petroleum and petroleum products; and

NOW, THEREFORE, pursuant to the authority vestect in me by virtue· ofKRS 281.730, 49 CFR 390.23. I hereby declare:

  1. That a state of emergency exists requiring relief from the hours of service imposed upon the transporters of petroleum and petroleum product An Equal Opportunity Employer M/F/D
  2. That a commercial motor vehicle and its operator tr sporting petroleum and petroleum products shall be exempt from the hours of service i posed under 49 CF~ Part 395t KRS 281.730, 601KAR1:005, during the period of this e ergency.
  3. That all other safety requirements shall remain in fulll force and effect;
  4. That any driver operating under authority of this Debtaration of Emergency shall have a copy of this Declaration in the cab of the vehicle;
  5. This Declaration of Emergency shall remain in effect until 12:01 AM E.D.T., September 30, 2017.

This Order is effective August 31, 2017.

Greg Thomas, Secretary
Kentucky Transportation Cabinet

Done this 31st day of August, 2017 at Frankfort, Kentucky

Approved as to form and legality:

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