State of South Dakota
Office of the Governor
Executive Order 2017-09

WHEREAS, The people of South Dakota are faced with extremely low inventories and outages of propane; and,

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

WHEREAS, Drivers of propane transport vehicles are required to deliver propane necessary to maintain the supply of this product in order to enable the people of South Dakota to continue agricultural 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 agriculture needs; and,

WHEREAS, In the interest of public safety, SDCL 49-28A-3, and 49 CFR Pan 395 of the U.S. Department of Transportation Federal Motor Carrier Safety Regulations, regulate the transportation requirements for drivers of propane transport vehicles and may unnecessarily delay the transportation of this fuel; and,

WHEREAS, Propane 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 license 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 SDCL 49-28A-3 and 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 into or within South Dakota shall be exempt from 49 CFR Part 395, otherwise known as the federal motor carrier safety regulations; and,

BE IT FURTHER ORDERED, this executive order shall expire upon conclusion of the emergency, but no later than midnight, November 20, 2017.Dated in Pierre, South Dakota this Sixth day of November, 2017.

ATTEST:
Dennis Daugaard, Governor
Shantel Krebs, Secretary of State