09/23/2021 | Press release | Distributed by Public on 09/22/2021 23:58
North Dakota Be Legendary
Governor Doug Burgum
EXECUTIVE ORDER 2021-15
WHEREAS, the State of North Dakota has been in a state of drought emergency since April 8, 2021, under Executive Order 2021-08; drought conditions intensified throughout the spring and summer months; presently, 92% of the state is experiencing Severe, Extreme and Exceptional drought conditions, resulting in ratings of 02, 03 and 04 from the U.S. Drought Monitor; and,
WHEREAS, North Dakota is experiencing the worst drought on record; the State's agribusiness has been adversely and significantly impacted; farmers, ranchers and livestock producers have inadequate amounts of essential hay and water supplies to sustain livestock herds; and,
WHEREAS, North Dakota ranchers and livestock producers have been forced to find supplemental feed and water supplies, or have hauled livestock to areas where water and hay inventories are more plentiful; increasing numbers of producers have sold off herds due to lack of feed and water supplies; and,
WHEREAS, the current extended drought has caused ongoing water and feed shortages in this State; and,
WHEREAS, drivers of commercial trucks have been required to move hay and water supplies in significantly greater volumes across the state to enable livestock producers to maintain existing herds and meet the needs of our State; and,
WHEREAS, a waiver of 49 CFR Parts 390 through 399 of the U.S. Department of Transportations Federal Motor Carrier Safety Regulations would ensure that carriers, agribusiness owners, farmers, ranchers and other consumers can obtain and transport livestock, hay and water supplies for livestock; and,
WHEREAS, nothing contained in this order shall be construed as an exemption from the controlled substances, alcohol use, and testing requirements under 49 CFR Part 382; the commercial driver's license requirements under 49 CFR Part 383; the financial responsibility requirements under 49 CFR Part 387; the hazardous material regulations under 49 CFR Parts 100 to 180; and,
WHEREAS, it is the responsibility of the State to assist the people of North Dakota in responding to and mitigating the effects of weather emergencies, disasters, and other hardships that may face the state and its citizens.
NOW, THEREFORE, Doug Burgum, Governor of North Dakota, by virtue of the authority vested under Article V, Section 1 of the North Dakota Constitution and North Dakota Century Code § 37-17.1, hereby declares that a state of emergency exists in North Dakota that requires relief from 49 CFR Parts 390 through 399, otherwise known as the federal motor carrier safety regulations, relief from North Dakota Century Code § 39-32-02 pertaining to hours of service, and relief from North Dakota Century Code Chapter 39-12 pertaining to weight, hauling width and height restrictions and fees for drivers of commercial motor vehicles transporting livestock, hay and water supplies for livestock on interstate highways and state roadways.
This order is issued on the foregoing bases and under the following conditions:
This order is effective immediately and shall remain in effect for 30 days.
Executed this 22nd day of September, 2021 at the State Capitol in Bismarck, North Dakota.
Secretary of State