Okla. Admin. Code § 1:2022-34

Current through Vol. 42, No. 4, November 1, 2024

Section 1:2022-34 - [Effective until 9/14/2023]

EXECUTIVE ORDER 2022-34

I, J. Kevin Stitt, Governor of the State of Oklahoma, pursuant to the power vested in me by Section 2 of Article VI of the Oklahoma Constitution, hereby declare the following:

1. Severe winter weather, freezing rain, snow, and wind beginning December 22, 2022, and ongoing, is expected to cause damage to properties and utilities, such as electric systems, impact travel within the State of Oklahoma, and may result in an increased demand for liquefied petroleum gas (a/k/a "propane") and certain other fuels, as well as wholesale demand for petroleum commodities such as natural gas; and said damages are likely to cause an undue hardship on the citizens of this State.

2. It may be necessary to provide for the rendering of mutual assistance among the State and political subdivisions of the State with respect to carrying out disaster emergency functions during the continuance of the State emergency pursuant to the provisions of the Oklahoma Emergency Management Act of 2003.

3. There is hereby declared a disaster emergency caused by severe winter weather in all 77 Oklahoma counties that threatens the public's peace, health, and safety.

The counties included in this declaration are:

Adair, Alfalfa, Atoka, Beaver, Beckham, Blaine, Bryan, Caddo, Canadian, Carter, Cherokee, Choctaw, Cimarron, Cleveland, Coal, Comanche, Cotton, Craig, Creek, Custer, Delaware, Dewey, Ellis, Garfield, Garvin, Grady, Grant, Greer, Harmon, Harper, Haskell, Hughes, Jackson, Jefferson, Johnston, Kay, Kingfisher, Kiowa, Latimer, Le Flore, Lincoln, Logan, Love, Major, Marshall, Mayes, McClain, McCurtain, McIntosh, Murray, Muskogee, Noble, Nowata, Okfuskee, Oklahoma, Okmulgee, Osage, Ottawa, Pawnee, Payne, Pittsburg, Pontotoc, Pottawatomie, Pushmataha, Roger Mills, Rogers, Seminole, Sequoyah, Stephens, Texas, Tillman, Tulsa, Wagoner, Washington, Washita, Woods, and Woodward.

4. The State Emergency Operations Plan has been activated and resources of all State departments and agencies available to meet this emergency are hereby committed to the reasonable extent necessary to protect lives and to prevent, minimize, and repair injury and damage. These efforts shall be coordinated by the State Director of the Oklahoma Department of Emergency Management and Homeland Security, with comparable functions of the federal government and political subdivisions of the State.

Based on the foregoing, pursuant to the power vested in me by Sections 1 and 2 of Article VI of the Oklahoma Constitution and 63 O.S. §§683.1 et seq., and pursuant to 49 C.F.R. Part 390.23 , I hereby declare that there is a State of Emergency in the State of Oklahoma.

Due to winter weather conditions anticipated in the immediate future along with associated power outages caused by ice accumulations on power lines and vegetation, it is necessary to assist and expedite all efforts of relief. In order to accommodate this need and to provide assistance to the residents of the State of Oklahoma in this extraordinary situation, I hereby order the temporary suspension of the following as they apply to vehicles in the support efforts:

1. The requirements for size and weights permits of oversized vehicles under Title 47 of the Oklahoma Statutes whose sole purpose is transportation of materials and supplies used for emergency relief and power restoration;

2. The cost and fees of overweight permits required of carriers whose purpose is the transportation of materials and supplies used for emergency relief and power restoration, which require an overweight permit under Title 47 of Oklahoma statutes;

3. The requirements under Parts 390 through 399 pursuant to part 390.23 of Title 49 of the Federal Motor Carrier Safety Administration Regulations;

4. The requirements for licensing/operating authority as required by the Oklahoma Corporation Commission; and

5. The requirements for licensing/registration authority as required by the Oklahoma Tax Commission.

Further, I hereby order that, where a storage tank for liquified petroleum products is at 10% of capacity or less, dealers of liquefied petroleum products are exempt from prohibitions in Oklahoma administrative rules including, but not limited to OAC 420:10-1-20(c)(1), concerning the ability of such dealers to fill the tanks belonging to other dealers (commonly known as "lease tanks") with express written approval by the Liquefied Petroleum Gas Administration or by the Class 1 Dealer who owns the propane tank. Dealers affected by this waiver shall conduct a leak check and comply with customary Form 4 documentation.

Nothing contained in this declaration shall be construed as an exemption from the Controlled Substance and Alcohol Use and Testing requirements ( 49 C.F.R. Part 382), the Commercial Driver License requirements ( 49 C.F.R. Part 383), the Financial Responsibility requirements ( 49 C.F.R. Part 387), or any other portion of the regulations not specifically identified herein. Motor carriers that have an Out-Of-Service Order in effect cannot take advantage of the relief from regulation that this declaration provides.

While operating under this Order, drivers of commercial motor vehicles shall be required to spend a minimum of 8 hours in sleeper berth within any given 24-hour period. The duration of each timeframe spent in sleeper berth within each 24-hour period shall be at the discretion of each driver based in his/her needs, as long as the sum of all said sleeper berth totals a minimum of the required 8 hours.

This Executive Order shall be effective until 11:59 p.m. CST, December 29, 2022.

Copies of this Executive Order shall be distributed to the State Director of the Oklahoma Department of Emergency Management and Homeland Security, Oklahoma Corporation Commission, Oklahoma Department of Transportation, Oklahoma Tax Commission, Oklahoma Adjutant General's Office, Office of Management and Enterprise Services, and the Oklahoma Department of Public Safety, who shall cause the provisions of this Order to be implemented by all appropriate agencies of State government.

IN WITNESS WHEREOF , I have set my hand and caused the Great Seal of the State of Oklahoma to be affixed at Oklahoma City, this 21 ^st day of December, 2022.

BY THE GOVERNOR OF THE STATE OF OKLAHOMA

J. Kevin Stitt

ATTEST:

Brian Bingman

Secretary of State

Okla. Admin. Code § 1:2022-34

Adopted by Oklahoma Register, Volume 40, Issue 9, January 17, 2023, eff. 10/12/2022