THE STATE CORPORATION COMMISSION
OF THE STATE OF KANSAS

Before Commissioners:

Andrew J. French, Chairperson
Dwight D. Keen
Annie Kuether

Docket No. 25-TRAM-269-MIS

In the Matter of Temporary Waiver of Federal Regulations for Carriers Providing Direct Assistance or Residential Heating Fuel during the State of Emergency declared by Governor Kelly. 

ORDER GRANTING TEMPORARY WAIVER OF FEDERAL REGUCATIONS FOR
CARRIERS PROVIDING DIRECT ASSISTANCE OR RESIDENTIAL HEATING FUEL
DURING THE STATE OF EMERGENCY DECLARED BY GOVERNOR KELLY

This matter comes before the State Corporation Commission of the State of Kansas (Commission) for consideration and decision. Having reviewed the pleadings and record, the Commission makes the following findings:

     1.    Pursuant  to  K.S.A.  66-1,108b,  66-1,111,  66-1,112,  and  66-1,114b,  the

Commission is given full power, authority and jurisdiction to supervise and control motor carriers, as defined in 49 C.F.R. 390.5 and as adopted by K.A.R. 82-4-3f, doing business or procuring business in Kansas, and is empowered to do all things necessary and convenient for the exercise of such power, authority, and jurisdiction.

     2.    At 8:00.am. on February 9, 2025, Governor Laura Kelly issued a state of disaster emergency proclamation related to winter weather that is forecast to impact Kansas. Delivery of commodities, propane, fuel, power restoration and life saving measures may be impacted. Governor Kelly's declaration covers all counties in Kansas and suspends the provisions of any statutes, order or rule and regulation would prevent, hinder, or delay in any way necessary action in coping with the disaster as set forth in K.S.A. 48-925(c)(l).
 
     3.    Under these circumstances, the Commission, pursuant to K.S.A. 77-536(a), will exercise its powers to protect the public from immediate danger to health, safety, and welfare.  K.S.A. 77-536(a) provides State agencies with the authority to act when there is "an immediate danger to the public health, safety or welfare requiring immediate state agency action." Pursuant to K.S.A. 77-536(a), the Commission is providing relief to all intrastate and interstate motor carriers, pursuant to 49 CPR 390.23 (b)(l) of the Federal Motor Carrier Safety Administration (FMCSA) Regulations. This relief includes: (1) a 14-day waiver of 49 CPR 395.3 and 395.5 to carriers providing direct assistance during the emergency that has been declared by Governor Kelly; and (2) a 30-day waiver of Part 390 through 399 to a motor carrier or driver operating a commercial motor vehicle to provide residential heating fuel in the geographic area designated in an emergency declaration issued by the Governor of a State.

     THEREFORE, THE COMMISSION ORDERS:

        A.    To protect the motor carriers assisting in relief efforts, there will be a 14-day waiver of 49 CPR 395.3 and 395.5 to carriers providing direct assistance during the state of emergency declared by Governor Kelly.

        B.    To protect the motor carriers assisting in relief efforts, there will be a 30-day waiver of Parts 390 through 399 to a motor carrier or driver operating a commercial motor vehicle to provide residential heating fuel in the geographic area designated in an emergency declaration issued by the Governor of a State.

        C.    All other applicable state and federal regulations shall apply to include but not limited to: Title 49C.F.R. Part 382 as adopted by K.A.R.82 4-3c, Controlled Substances and Alcohol Use and Testing; the Kansas Motor Vehicle Driver's License Act, K.S.A. 8-234 et seq. and Title 49 C.F.R. Part 383 Commercial Driver's License Standards as adopted by the Kansas Uniform Commercial Drivers' License Act, K.S.A. 8-2,125 et. seq., the federal Minimum Levels of Financial Responsibility (insurance requirements) Title 49 C.F.R. Part 387 as adopted by K.A.R. 82-4-3n and state insurance requirements as provided in K.A.R. 82-4-23, and the regulations governing transportation of hazardous materials in Kansas in 49 C.F.R. Part 107, 171, 172, 173, 177, 178 and 180 as adopted by K.A.R. 82-4-20.

        BY THE COMMISSION IT IS SO ORDERED.

        French, Chairperson; Keen, Commissioner; Kuether, Commissioner

        Dated: 02/10/2025

Abigail D. Emery
Acting Secretary to the Commission

BGF