State of Maine
Proclamation

Proclamation of Emergency to Facilitate 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 severely 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, pursuant to 49 CFR § 395, federal regulations limit the number of hours that certain drivers of these delivery vehicles may operate unless, as contemplated by 49 CFR § 390,23(a)(l)(i)(A), a State of Emergency is declared pursuant to 37-B M,R.S. § 742(2); 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 M.R.S. § 742(2) a State of Emergency from March 21, 2022 through April 21, 2022. This Proclamation shall constitute the exemption recognized by federal law that will enable propane gas transport crews to perform necessary deliveries of such gas 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. A driver who notifies a motor carrier that such driver needs immediate rest shall be given at least ten (I 0) 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 21st day of March, 2022.

Janet T. Mills
Governor

In testimony whereof, I have caused the Great Seal of the State to be hereunto affixed GIVEN under my hand at Augusta and dated this eleventh day of June, Two Thousand Twenty-One.

Shenna Bellows
Secretary of State
TRUE ATTESTED COPY