North Dakota
Office of the Governor
Be Legendary.~

EXECUTIVE ORDER 2025-03

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

WHEREAS, the lack of adequate heating fuel poses an immediate risk to public health, safety, and welfare; and,

WHEREAS, a waiver of 49 CFR Parts 390 through 399 of the U.S. Department of Transportation's Federal Motor Carrier Safety Regulations, as authorized by 49 CFR Part 390.23, would ensure motor carriers and drivers can secure, obtain, transport and deliver petroleum products to residential customers to meet the needs of the state; and,

WHEREAS, this order may not be construed as an exemption from the controlled substances, alcohol use and testing requirements under 49 CFR Part 382; the commercial driver's license requirements under 49 CFR Part 383; the financial responsibility requirements under 49 CFR Part 387; the hazardous material regulations under 49 CFR Parts 100 to 180; applicable size and weight requirements; or any other portion of the regulations not specifically authorized pursuant to 49 CFR 390.23; 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, Kelly Armstrong, as Governor of the State of North Dakota, by virtue of the authority vested in Article V, Section 1, North Dakota Constitution and North Dakota Century Code Chapter 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 Chapter 39- 32-02 pertaining to hours of service for drivers of commercial motor vehicles transporting propane supplies and other petroleum products.

The foregoing is issued pursuant to the following authority and for the following reasons:

1. Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services not directly supporting the emergency relief effort.
2. All road safety and vehicle compliance regulations still apply and will be fully enforced.
3. This order may not be construed to relieve carriers operating under this order from regulations pertaining to the safe operation of commercial motor vehicles.
4. Carriers, while under this order, may not require or allow a fatigued driver to operate a motor vehicle. A driver who informs a carrier that the driver needs immediate rest must 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.

Executed at Bismarck, North Dakota, this 17th day of February, 2025.

Kelly Armstrong
Governor

Attest

Michael Howe, Secretary of State

______________________________

600 East Boulevard Avenue I Bismarck, ND 58505-0001 I 701.328.2200 I governor.ND.gov