STATE OF WYOMING
EXECUTIVE DEPARTMENT
EXECUTIVE ORDER

Order 2024-08

EMERGENCY EXEMPTION FROM PERMISSIBLE OPERATING TIME REGULATIONS - LIVESTOCK FEED AND LIVESTOCK

WHEREAS, during 2024 the State of Wyoming has experienced widespread wildfires with 100,000s of acres burned, low humidity, and high temperatures; and

WHEREAS, these hazardous conditions created a shortage of livestock feed in Wyoming, including depleted pasture grass and natural feed supplies in many parts of the state, resulting in inadequate livestock forage; and

WHEREAS, easing restrictions to transport loads of livestock feed and livestock is necessary to provide assistance to fire stricken areas; and

WHEREAS, the State of Wyoming has the ability, through an executive order, to make emergency changes in regulations so that the prompt delivery of livestock feed and livestock throughout the state is not impeded by restrictions to the hours that can be worked by qualified drivers; and

WHEREAS, in the interest of public safety, the Wyoming Legislature, in Wyo. Stat. Ann.§ 31- 18-303(a), has mandated that the Wyoming Department of Transportation adopt rules and regulations prescribing the permissible operating time and other requirements of motor carrier drivers, and the Department has complied with this mandate by adopting its own rules of motor carriers, chapter 1, § 9, which requires compliance with various federal regulations, including 49 CFR 390 and 49 CFR 395 of the United States Department of Transportation Motor Carrier Safety Regulations; and

WHEREAS, 49 CFR 390.23 permits a state official authorized to declare an emergency, such as the Governor of the State of Wyoming, in the event of such declaration, to exempt motor carrier drivers from certain regulations, including operating time requirements.

NOW, THEREFORE, pursuant to the authority vested in me by the Constitution and by the laws of the State of Wyoming, I, Mark Gordon, do hereby order and direct:

1. A state of emergency exists in Wyoming, and I hereby declare such an emergency. The emergency requires that the transportation and delivery of livestock feed and livestock into and within the State of Wyoming shall be exempt from 49 CFR 395.3.
2. Nothing contained in this Order shall be construed as an exemption from the controlled substances, alcohol use, and testing requirements (49 CFR 382), the commercial driver's license requirements (49 CFR 383), the financial responsibility requirements (49 CFR 387), the hazardous material requirements (49 CFR 100-180), or any other portion of the regulations not specifically authorized pursuant to 49 CFR 390.23 identified in this Order.
3. Livestock feed and livestock transportation and delivery companies, while under this Order, shall not require or allow any fatigued driver to operate any vehicle. A driver who informs a carrier that he/she needs immediate rest shall be given adequate rest before the driver is required to return to service.

This Executive Order is effective immediately and expires upon the conclusion of the emergency, but no later than 11:59 pm, September 13, 2024.

Given under my hand and the Executive Seal of the State of Wyoming this 30th day of August, 2024.

Mark Gordon
Governor