North Dakota
Governor Doug Burgum

EXECUTIVE ORDER 2022-01

WHEREAS, the people of North Dakota are faced with extremely low inventories of propane supplies resulting from market conditions impacted by severe seasonal weather and increased heating fuel demands; and,

WHEREAS, a waiver of 49 CFR Parts 390 through 399 of the U.S. Department of Transportation's Federal Motor Carrier Safety Regulations would ensure that motor carriers and drivers can secure, obtain, transport and deliver propane supplies to businesses, farms, ranches and private households, to meet the needs of the state; and,

WHEREAS, it is the responsibility of the state to assist the people of North Dakota in addressing the emergencies, disasters, and other hardships that may face the state and its citizens.

NOW, THEREFORE, Doug Burgum, Governor of North Dakota, by virtue of the authority set forth in Article V, Section 1 of the North Dakota Constitution and North Dakota Century Code§ 37-17.1, hereby declares that a state of emergency exists in North Dakota that requires relief from 49 CFR Parts 390 through 399, otherwise known as the Federal Motor Carrier Safety Regulations, and North Dakota Century Code§ 39- 32-02 pertaining to hours of service for drivers of commercial motor vehicles transporting propane supplies.

This order is issued on the foregoing bases and under the following conditions:

1. All road safety and vehicle compliance regulations still apply and will be fully enforced.
2. Nothing in this order shall be construed to relieve carriers operating under this order from regulations pertaining to qualifications of drivers, driving of commercial motor vehicles, or parts and accessories necessary for the safe operation of vehicles.
3. Carriers, while under this order, shall not require or allow fatigued drivers to operate a motor vehicle. A driver who informs a carrier that she/he needs immediate rest shall be given at least ten consecutive hours before the driver is required to return to service.

This order is effective immediately and shall remain in effect for 30 days. Dated this 4th day of January, 2022.

Doug Burgum 
Governor

ATTEST:

Alvin Jaeger
Secretary of State

Deputy