Whereas, The people of South Dakota are faced with extremely low inventories of propane, diesel, and gasoline; and,

Whereas, The return of normal supply flows to fuel terminals in South Dakota is unknown; and,

Whereas, Drivers of propane and fuel transport vehicles are required to deliver propane and fuel necessary to maintain the supply of this product in order to enable the people of South Dakota to continue normal transportation and heating functions; and,

Whereas, It is the responsibility of the State to assist the people of South Dakota in meeting problems of mutual concern, and transportation of this product is in demand for transportation and heating needs; and,

Whereas, In the interest of public safety, 49 CFR Part 395 of the U.S. Department of Transportation Motor Carrier Safety Regulations regulate the hours of service requirements for drivers of propane and fuel transport vehicles and may unnecessarily delay the transportation of this fuel; and,

Whereas, Propane and fuel transport companies, while under this order, shall not require or allow fatigued drivers to operate a motor vehicle. A driver who informs a carrier he/she needs immediate rest shall be given adequate rest before the driver is required to return to service; and,

Whereas, Nothing contained in this declaration shall be construed as an exemption from the controlled substances, alcohol use and testing requirements ( 49 CFR Part 382), the commercial driver's Iicense requirements ( 49 CFR Part 383), the financial responsibility requirements ( 49 CFR Part 387), applicable size and weight requirements, or any other portion of the regulations not specifically identified; and,

It Is, Therefore, By Executive Order, Directed, notwithstanding 49 CFR Part 395 of the U.S. Department of Transportation Motor Carrier Safety Regulations, that a state of emergency exists in South Dakota, and that such transportation and delivery of propane and fuel into or within South Dakota shall be exempt from 49 CFR Parts 390 through 399, otherwise known as the federal hours of service regulations; and,

BE IT FURTHER ORDERED, This executive order shall expire upon conclusion of the emergency, but no later than midnight, December 13, 2014.

Dated in Pierre, South Dakota this Thirteenth day of  November, 2014.

Dennis Daugaard, Governor

Attest:

Jason M. Gant, Secretary of State