State of Maine
Proclamation of Emergency to Expedite the Transportation of Propane Gas
WHEREAS, the State of Maine will be affected by shortage of propane gas caused by the effects of a labor dispute in Canada that has limited propane gas delivery via rail into the region; and
WHEREAS, propane gas delivery crews from Maine, other New England states and Canada will need to work continuously to transport as widely as possible until this market constriction is resolved; and
WHEREAS, an extended propane gas shortage will threaten public health and safety and endanger public property; and
WHEREAS, federal law pursuant to 49 CFR § 395 limits the number of hours that certain drivers of these delivery vehicles may operate unless a State of Emergency is declared pursuant to 37-B MR.S. § 742 and consistent with 49 CFR § 390.23(a)(l)(i)(A); and
WHEREAS, a declaration of a State of Emergency will facilitate a waiver from the U.S. Department of Transportation Federal Motor Carrier Safety Administration to allow, subject to the limitations set forth below, relief from 49 CFR Pts. 390-99, including 49 CFR § 395;
NOW, THEREFORE, I, Janet T. Mills, Governor of the State of Maine, pursuant to Me. Const. Art V, Pt 1, §§ 1 and 12, do hereby find that these conditions constitute a civil emergency and therefore declare by this Proclamation under 37-B MR.S. § 742 a State of Emergency from November 26, 2019 through December 10, 2019. This Proclamation shall constitute the exemption recognized by federal law that will enable propane gas delivery crews to transport such gas more effectively to Maine homes and businesses; provided that no motor carrier operating under this Proclamation shall require or allow an ill or fatigued driver to operate a motor vehicle; and provided further that a driver who notifies a motor carrier that such driver needs immediate rest shall be given a least ten (10) consecutive hours off-duty before returning to service. Drivers operating under this Proclamation shall carry a copy as evidence of their direct emergency service to the people of Maine.
Dated this 26th day of November 2019.