U.S. Senators John Thune (R-South Dakota), Ranking Member of the Senate Commerce, Science, and Transportation Committee, and Amy Klobuchar (D-Minnesota) sent a letter today to the acting administrator of the Federal Motor Carrier Safety Administration (FMCSA), Scott Darling, and the administrator of the Energy Information Administration (EIA), Adam Sieminski, calling for an update from both agencies on the implementation of their Reliable Home Heating Act, which was signed into law on June 30, 2014.
The senators write, “With another possible wet harvest, predictions of another record setting winter, and the current rail service challenges that are slowing the delivery of propane to some regions, we want to ensure that the tools provided in the Reliable Home Heating Act are available to governors and other local officials before they are potentially needed… With fall harvest and winter fast approaching, we write today to request an update on implementation of the Reliable Home Heating Act.”
Thune and Klobuchar’s Reliable Home Heating Act includes provisions to allow governors authority to provide relief from motor carrier rules in the event of a declared emergency. The legislation also requires the EIA to provide early warnings to governors if the inventory of residential heating fuel (propane, natural gas, and home heating oil) falls below the most recent five-year average for more than three consecutive weeks.
Previously, the governor of a state could declare a state of emergency due to shortages of home heating fuel, which would provide a 30-day exemption from certain federal regulations for operators of commercial motor vehicles. At the conclusion of these 30 days, the exemptions would expire unless extended by FMCSA or otherwise addressed by a presidential disaster declaration. Thune and Klobuchar’s legislation gives the governor of a state the authority to extend the state of emergency for two additional 30-day periods, for a total of 90 days without FMCSA action.
The Senate Commerce, Science, and Transportation Committee has jurisdiction over the FMCSA, which is a component of the U.S. Department of Transportation.
The text of the senators’ letter follows:
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October 7, 2014
Mr. Scott Darling
Acting Administrator
Federal Motor Carrier Safety Administration
Department of Transportation
1200 New Jersey Avenue, Southeast
Washington, DC 20590
Mr. Adam Sieminski
Administrator
Energy Information Administration
Department of Energy
1000 Independence Avenue, Southwest
Washington, DC 20585
Dear Acting Administrator Darling and Administrator Sieminski:
With fall harvest and winter fast approaching, we write today to request an update on implementation of the Reliable Home Heating Act (P.L. 113-125), which was signed into law on June 30, 2014. As you may recall, a wet harvest, record low temperatures, and changes in propane distribution via pipeline resulted in propane and home heating fuel shortages for much of the country, including in our home states of South Dakota and Minnesota, last year. The situation was so severe that many governors declared states of emergency.
In order to better prepare for propane and heating fuel shortages and regional supply disruptions in the future, we sponsored the Reliable Home Heating Act. The Act seeks to provide governors greater autonomy when they declare heating fuel emergencies. It also requires the Energy Information Administration (EIA) to provide early warnings to governors if the inventory of residential heating fuel (propane, natural gas, and home heating oil) falls below the most recent five-year average for more than three consecutive weeks.
With another possible wet harvest, predictions of another record setting winter, and the current rail service challenges that are slowing the delivery of propane to some regions, we want to ensure that the tools provided in the Reliable Home Heating Act are available to governors and other local officials before they are potentially needed. Specifically, has the Federal Motor Carrier Safety Administration (FMCSA) alerted governors to their new ability to extend emergency orders past the initial 30 days? Also, has the EIA implemented the new early warning system and provided the necessary outreach to ensure that governors are aware of the system and can interpret the data when it is provided? Finally, during implementation of the Reliable Home Heating Act, has the FMCSA or the EIA identified any other regulatory barriers that could unnecessarily delay or disrupt propane and other home heating fuel deliveries this winter?
Thank you for your attention to this important request. We look forward to your prompt response.
Sincerely,