EXECUTIVE ORDER 07-19

WHEREAS, K.S.A. 48-925(b) provides that the Governor may issue orders and proclamations which shall have the enforce and effect of law under subsection (b) of K.S.A. 48-924; and

WHEREAS, on the 5th day of May, 2007, I declared a state of emergency for Kiowa, Barton, Stafford, Pratt, Edwards and Phillips counties as a result of severe weather, including, tornados, hail, high winds and flooding which struck, causing loss of life, personal injury and excessive damage to businesses and homes; and

WHEREAS, on the 16th day of May, 2007, the State Finance Council acted to continue the state of emergency for the above counties until June 18, 2007; and

WHEREAS, on the 22nd day of May, 2007, the Kansas legislature extended the state of emergency until October 31, 2007; and

WHEREAS, on or about the 5th day of May, 2007, a tornado hit and destroyed the Magellan refinery terminal in Great Bend, Kansas.  Due to the extent of damage, it is out of service for an undisclosed amount of time.  The Great Bend terminal would normally load about 10,000 barrels per day of gasoline and diesel fuel.  Therefore, half of the business shifted to Scott City, Kansas and the other half to McPherson and Valley Center, Kansas.

WHEREAS, on the 30th day of June, 2007, I declared a state of emergency for Allen, Anderson, Bourbon, Butler, Chautauqua, Cherokee, Coffey, Cowley, Elk, Franklin, Linn, Miami, Montgomery, Neosho, Osage, Wilson and Woodson counties as a result of severe and constant weather, including flooding, which struck, causing excessive damage to businesses and homes; and

WHEREAS, on or about the 30th day of June, 2007, the Coffeyville Resources refinery terminal was shut down in response to the flooding when an accident occurred. The plant had been transferring oil from a storage facility to the refinery’s main storage tank. Because of an elevation difference between the two tanks, the oil continued to flow and caused the main tank to overflow.  As a result, more than 71,000 gallons of crude oil spilled into the Verdigris River and surrounding area.  Due to the extent of damage and cleanup, it is out of service for an undisclosed amount of time; and

WHEREAS, before the above disasters in Kansas, gasoline demand was up significantly over May of 2006; and

WHEREAS, the western half of Kansas is in the middle of harvesting wheat crops; and

WHEREAS, all of the above is causing long wait times for motor carrier vehicles needing to load fuel; and

WHEREAS, because of the extensive damage to the above fuel refineries has caused long waiting lines for motor carrier vehicles waiting to load fuel there is a shortage of fuel sufficient to pose the imminent threat of widespread or severe loss of property due to the potential for harvest interruptions for the following counties:  Barton, Cheyenne, Clark, Cloud, Comanche, Decatur, Edwards, Ellis, Ellsworth, Finney, Ford, Gove, Graham, Grant, Gray, Greeley, Hamilton, Haskell, Hodgeman, Jewell, Kearny, Kiowa, Lane, Lincoln, Logan, Meade, Mitchell, Morton, Ness, Norton, Osborne, Pawnee, Phillips, Rawlins, Republic, Rooks, Rush, Russell, Scott, Seward, Sheridan, Sherman, Smith, Stafford, Stanton, Stevens, Thomas, Trego, Wallace, and Wichita; and

WHEREAS, it is necessary to expedite restoration of fuel services in the affected area and the State of Kansas wishes to accommodate the need to provide assistance to the citizens of these affected counties.

NOW, THEREFORE, pursuant to the authority vested in me as Governor of the State of Kansas, I hereby declare it is necessary to assist and expedite all efforts of restoration of fuel services in order to avoid interruption in harvest activities.  In order to accommodate this need and to provide assistance to the citizens of Kansas in this extreme situation, I hereby order the temporary suspension of the following as it applies to motor vehicles used in the support efforts:

1. The requirements contained in the Federal Motor Carrier Safety Regulations, CFR 49, Parts 390-399 under the authority of CFR 49, Part 390.23.  Nothing contained in this order shall be construed as waiving any other portion of CFR 49.  This exemption applies only to those motor carriers providing direct assistance to the emergency fuel relief effort. No motor carrier operating under the terms of this Order shall require or permit a fatigued or ill driver to operate a commercial motor vehicle.

This temporary order is in effect for thirty (30) days unless rescinded earlier or lengthened by executive order.