Commonwealth of Massachusetts DoE Notice (Title 49 CFR § 390.23) Jan. 5, 2018
OFFICE OF THE GOVERNOR
COMMONWEALTH OF MASSACHUSETTS
STATE HOUSE. BOSTON, MA 02133
CHARLES D. BAKER
KARYN E. POLITO
DECLARATION OF EMERGENCY NOTICE
(Title 49 CFR § 390.23)
Pursuant to 49 CFR Section 390.23, I, Governor Charles D. Baker, declare that an ongoing emergency exists pertaining to the intrastate delivery of essential supplies, more specifically propane gas, liquefied natural gas, heating oil, gasoline and diesel fuel to customers in the Commonwealth of Massachusetts.
This emergency exemption is issued as a result of below average cold temperatures that have caused an increased demand for fuel throughout the Commonwealth. These cold temperatures are forecast to continue for a period of time. This emergency declaration provides regulatory relief for commercial motor vehicles operation while providing direct assistance supporting the delivery of propane gas, liquefied natural gas, heating oil, gasoline and diesel fuel into the affected areas and consumers, including businesses, during the emergency.
This emergency exemption is effective immediately, superseding the one issued on December 28, 2017, and will remain in effect until 11 :59 P.M., EST, January 19, 2018, unless rescinded sooner by appropriate order.
The following is ordered:
1. An emergency exists that requires relief from regulations adopted in Massachusetts and Federal Statutes and Regulations pertaining to hours of service of motor carriers and drivers of commercial motor vehicles, while transporting and delivering (i) fuels necessary for the continued heating of homes, businesses and other structures, (ii) any necessary fuels to electric generating facilities, and (iii) any inventory to gasoline and diesel fuel stations. ( 49 CFR Part 395).
2. Nothing contained in this declaration shall be construed as an exemption from the Controlled Substances and Alcohol Use and Testing requirements ( 49 CFR Part 382), the Commercial Drivers License requirements ( 49 CFR Part 3 83 ), the Financial Responsibility requirements ( 49 CFR Part 3 87), applicable Size and Weight requirements, or any other portion of the regulation not specifically authorized pursuant to 49 CFR Section 390.23.
3. No motor carrier operating under the terms of this agreement shall require or allow a fatigued or ill driver to operate a motor vehicle. A driver who informs a carrier that he or she needs immediate rest shall be given at least ten consecutive hours off-duty before the driver is allowed to return to service.
4. Motor carriers or drivers that have an Out of Service Order in effect may not take advantage of the relief from regulations that this declaration provides under Title 49
CFR 390.23 .
5. Drivers for motor carriers that operate under this Declaration of Emergency Notice must have a copy of it in their possession.
6. Consistent with Title 49 CFR Section 390.23, this emergency notice will remain in effect through January 19, 2018, 11:59 p.m. EST or sooner if terminated by the Governor.
Charles D. Baker
DATE: January 5, 2018