Nebraska EO No. 21-11 - Emergency Relief Due to Fuel Supply Shortages
STATE of NEBRASKA
OFFICE OF THE GOVERNOR
LINCOLN
EXECUTIVE ORDER No. 21-11
EMERGENCY RELIEF DUE TO FUEL SUPPLY SHORTAGES
WHEREAS, several Midwestern states are experiencing fuel shortages due to refineries shut down for maintenance, issues with the transition from winter gasoline to summer gasoline, and shortages due to drier, warmer temperatures; and
WHEREAS, commercial motor vehicles and motor carriers are engaged in the business of transporting fuel from further distances and waiting longer at terminals in order to meet needs.
NOW, THEREFORE, I, Pete Ricketts, Governor of the State of Nebraska, pursuant to the authority vested in me as Governor by the Constitution and the emergency management laws of the State of Nebraska, find these conditions constitute an emergency, and meet the purpose pursuant to 49 CFR part 390.23 of facilitating a waiver to the U.S. Department of Transportation, Federal Motor Carrier Safety Regulations, specifically 49 CFR part 395 Hours of Service of Drivers.
Pursuant to this declaration, I hereby order the following:
- A temporary waiver of requirements under 49 CFR part 395 Hours of Service of Drivers for the limited purpose of hauling fuel.
- No motor carrier operating under the terms of this emergency declaration shall require or allow an ill or fatigued driver to operate a motor vehicle. A driver who notifies a motor carrier that he or she needs immediate rest shall be given a least ten (10) consecutive hour's off-duty before the driver is required to return to service.
- Drivers operating under this proclamation shall carry a copy of the proclamation with them as evidence of their direct support to the State of Nebraska during this emergency period.
- This emergency relief is effective immediately and shall remain in effect until August 31, 2021 at 11:59 pm.
IN WITNESS THEREOF, l have hereunto set my hand and caused the Great Seal of the State of Nebraska
to be affixed on this 12th day of August 2021.
Pete Ricketts, Governor
State of Nebraska
ATTEST:
Robert Evnen, Secretary of State
State of Nebraska