STATE OF MONTANA

OFFICE OF THE GOVERNOR

EXECUTIVE ORDER No. 4-2018

EXECUTIVE ORDER DECLARING A STATE OF ENERGY EMERGENCY AND

TEMPORARILY EXEMPTING CERTAIN CARRIERS FROM HOURS OF SERVICE
REGULATIONS UNDER MONTANA LAW TO HELP MEET FUEL DEMANDS

WHEREAS, the people of Montana are faced with continued extremely harsh winter conditions;

WHEREAS, these conditions have caused an increased short-term demand for propane, heating
oil, and diesel fuel and necessitate the timely delivery of these products by commercial delivery
trucks;

WHEREAS, these shortages and delays may threaten the health, property, and welfare of
Montanans, warranting the declaration of a short-term energy emergency;

WHEREAS, under Titles 10 and 90, MCA, the Governor may suspend the provisions of any
agency rule, requirement, or standard if strict compliance would prevent, hinder, or delay
necessary action in coping with the emergency; and

WHEREAS, relieving “hours of service” requirements for commercial motor carrier vehicles in
Montana, provided for in § 61-10-154, MCA, and A.R.M. § 18.8.1502, will assist Montanans by
facilitating and expediting the distribution of petroleum products.

NOW, THEREFORE, I, STEVE BULLOCK, Governor of the State of Montana, pursuant to

the authority vested in me under the Constitution and the laws of the State of Montana, Title 10,
Chapter 3, MCA; Title 90, Chapter 4, MCA; and under other applicable statutes, do hereby
declare that a state of energy emergency exists in Montana, as defined in Mont. Code Ann. § 90-
4-302, and order as follows:

1. A temporary suspension of “hours of service” regulations, as provided in A.R.M

§ 18.8.1502 (incorporating by reference 49 C.F.R. part 395), as they apply to drivers of
commercial motor vehicles while transporting fuel.

2. This Order pertains only to carriers actively involved in transporting propane, heating oil,
and diesel fuel.

3. Nothing in this Order shall be construed to waive or suspend any other state or federal
regulation pertaining to commercial motor carriers and commercial driver license
requirements or to relieve carriers and commercial drivers from operating their
commercial motor vehicles in a safe and prudent manner.

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 4. Commercial motor vehicle carriers, while under this Order, may not require or allow
fatigued drivers to operate a motor vehicle.

5. Notwithstanding any other provision of this Order, if a driver informs a carrier that the
driver needs immediate rest, the “hours of service” requirements, enacted in § 61-10-154,
MCA, and implementing regulations, A.R.M. § 18.8.1502, must be followed.

This Order is effective February 23, 2018, and expires on March 8, 2018.

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 STATE OF MONTANA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER No. 5-2018

EXECUTIVE ORDER DECLARING A STATE OF EMERGENCY TO EXIST ON THE

BLACKFEET RESERVATION, THE FORT BELKNAP RESERVATION, THE
NORTHERN CHEYENNE RESERVATION, GLACIER COUNTY, AND GOLDEN
VALLEY COUNTY WITHIN THE STATE OF MONTANA

WHEREAS, beginning on February 14, 2018, extreme cold and blizzard conditions have
impacted most of northwestern and southeastern Montana. The extreme cold and blizzard
conditions with drifting snow have created extraordinary conditions relating to opening and
maintaining state, county, local, and tribal roadways for vehicular travel;

WHEREAS, the National Weather Service has predicted continued blizzard conditions and high
winds for areas east of the Continental Divide including the Blackfeet Reservation, the Fort
Belknap Reservation, and Glacier County. Temperatures have stayed below freezing, which has
kept snow more loose instead of packed together if the temperatures had been warmer;

WHEREAS, all available city, county, and tribal equipment and personnel have been committed
to conducting emergency protective measures and some jurisdictions have contracted with
private citizens to provide equipment and personnel in support of life safety missions;

WHEREAS, the Blackfeet Reservation, the Fort Belknap Reservation, the Northern Cheyenne
Reservation, Glacier County, and Golden Valley County have enacted emergency or disaster
declarations, and activated applicable portions of jurisdictional emergency plans and programs;

WHEREAS, on February 8, 2018, I executed the Montana Emergency Response Framework

with the activation of the State Emergency Coordination Center;

WHEREAS, the immediate need for emergency protective measures is essential to ensure the
health, safety, and welfare of residents and stranded travelers and to provide access to critical
community infrastructure including hospitals, food and energy suppliers, schools, and local
government offices;

WHEREAS, the availability and utilization of all necessary state government services,
equipment and suppliers under this proclamation will further the efforts to protect health and
safety and to preserve the lives, property, and resources of the people of the State of Montana;
and

WHEREAS, under these conditions pursuant to §§ 10-3-302, 10-3-311 and 10-3-312, MCA, the
Governor may mobilize state resources and the Montana National Guard to protect life, health,
and property and may expend funds up to the amount determined by the Office of Budget and

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Program Planning to perform emergency protective measures and address needs that may arise
from the emergency.

NOW, THEREFORE, I, STEVE BULLOCK, Governor of the State of Montana, pursuant to

the authority vested in me under the Constitution and the laws of the State of Montana, Title 10,
Chapter 3, MCA, and under other applicable statutes, do hereby declare an emergency to exists
within the State of Montana, specifically including the Blackfeet Reservation, the Fort Belknap
Reservation, the Northern Cheyenne Reservation, Glacier County, and Golden Valley County, as
defined in §§ 10-3-103 and 10-3-302, MCA.

This Order is effective retroactively to February 14, 2018.