STATE OF ALABAMA
PROCLAMATION By The Governor
WHEREAS the full impact of Hurricane Harvey on petroleum industry assets along the Gulf Coast is still unknown;
WHEREAS the Colonial Pipeline (the major pipeline that delivers gasoline, diesel, jet fuel, and other refined petroleum products from Houston to customers serving communities and businesses in Alabama and throughout the South and Eastern United States) is currently unable to receive input from 1--Clouston area refineries, and there is no timetable as to when these deliveries will resume;
WHEREAS the potential for a major disruption to the supply of gasoline, diesel fuel, and other petroleum products to support essential services and systems in Alabama, poses a severe threat to the safety, health, welfare, and economic security of the citizens of the State;
WHEREAS Federal rules limit the number of hours that commercial vehicle drivers, including petroleum transport drivers, may operate;
WHEREAS an hours-of-service waiver for petroleum transport drivers will provide maximum flexibility to the industry to lessen the impact of any supply disruption associated with this natural disaster; and
WHEREAS, pursuant to 49 CFR Section 390.23, the declaration of a State of Emergency will facilitate the granting of a waiver from certain regulations of the U.S. Department of Transportation-Federal Motor Carrier Safety Administration to allow relief from 49 CFR Parts 390 through 399, specifically Part 395 (Hours of Service for Drivers) and will therefore allow drivers to operate additional hours;
NOW, THEREFORE, I, Kay Ivey, Governor of the State of Alabama, do hereby declare that a State of Emergency exists in the State of Alabama, for facilitating a waiver from the requirements of 49 CFR Part 395 (Hours of Service for Drivers) for the transportation of petroleum products and petroleum-related supplies, goods, and services in and through the State of Alabama. This waiver is limited to the duration of the motor carrier's or driver's direct assistance in providing emergency relief or 30 days from this State of Emergency Proclamation, unless sooner terminated, or as otherwise specified in the Federal Motor Carrier Safety Administration's regulations, whichever is less. Motor carriers that have an Out-Of-Service Order in effect may not take advantage of the relief from regulation that this declaration provides under 49 CFR 390.23.
IN WITNESS, WHEREOF, I have hereunto set my hand and caused the Great Seal to be affixed by the Secretary of State at the State Capitol in the City of Montgomery on 30th of August, 2017.
John H Merrill
Secretary of State