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EXECUTIVE ORDER
NO. 96-05

WHEREAS, by previous Executive Order No. 96-04, on February 2, 1996, I suspended the requirements of Section 307.400, RSMo 1994, and the rules promulgated by the Director of the Missouri Department of Public Safety under 11 C.S.R. 30-6.010, to the extent that those provisions make the requirements of 49 C.F.R. Section s 395.3(a) and 395.3(b) applicable to the drivers of commercial motor vehicles while transporting propane (also known as liquefied petroleum gas or LP gas) and heating oils within this state; and

WHEREAS, that Executive Order corresponded to the issuance of a Declaration of Emergency Notice by the Regional Director of the Federal Highway Administration's Office of Motor Carriers for Region 7, which declared a regional emergency pertaining to the transportation of propane and heating oils at various locations in the States of Missouri, Iowa and Nebraska; and the Regional Director also extended that Regional Emergency to include the State of Kansas; and

WHEREAS, Executive Order No. 96-04 was to be effective from February 1, 1996, through the duration of the emergency period declared by the Regional Director, or until 12:01 A.M. on February 16, 1996, whichever is less; and

WHEREAS, on February 13, 1996, the Regional Director of the Federal Highway Administration's Office of Motor Carriers for Region 7 issued an Extension to Declaration of Emergency Notice, which has authorized an extension of the Regional Emergency previously declared for the States of Missouri, Iowa, Kansas and Nebraska, because the emergency still exists in those states due to continuing interruptions in the availability and/or delivery of propane and heating oils; and

WHEREAS, the safety and welfare of the inhabitants of this state continue to require that motor carriers for hire and private carriers by motor vehicle which are transporting propane and heating oils be allowed more rapid and efficient transportation to meet the public demand for these heating fuels within the state; and

WHEREAS, this requirement for more rapid and efficient transportation would be facilitated by continuing the temporary suspension of certain usual and necessary regulatory limitations on the hours of service of drivers of commercial motor vehicles while transporting propane and heating oils during this period;

NOW, THEREFORE, I, Mel Carnahan, Governor of the State of Missouri, by virtue of the authority vested in me by the Constitution and laws of the State of Missouri, amend Executive Order No. 96-04 and extend the duration of the emergency period until 12:01 A.M., Tuesday, March 5, 1996 or until the emergency relief is no longer necessary, whichever is sooner.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 17th day of February, 1996.

[Mel Carnahan's signature]
GOVERNOR

ATTEST:

[Rebecca McDowell Cook's signature]
SECRETARY OF STATE

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