WHEREAS, the State of Maine continues to experience an extended period of cold temperatures statewide, which has significantly increased heating demand for residences and businesses;

WHEREAS, the increased heating demand has resulted in delivery backlogs by heating fuel delivery crews statewide;

WHEREAS, the increased heating demand and delivery backlogs have resulted in propane supply chain shortages at all regional propane offloading facilities;

WHEREAS, the cold weather has also caused rail deliveries of propane to be disrupted, further exacerbating propane supply shortages;

WHEREAS, heating fuel delivery crews will need to work continuously to ensure continuity of supply to eliminate delivery backlogs as temperatures begin to moderate;

WHEREAS, the prolonged cold temperatures and propane supply shortages present a direct and immediate threat to the public health, safety, and welfare; and

WHEREAS, pursuant to 49 CFR § 390.23, federal regulations limit the number of hours that certain drivers of vehicles may operate unless, as contemplated by 49 CFR § 390.23(b), an Energy Emergency is declared pursuant to 37-B M.R.S. § 742(2); and

WHEREAS, this declaration of an Energy Emergency will allow, subject to the limitations set forth below, relief from Federal Motor Carrier Safety Administration Regulations 49 CFR § 395.3 (maximum driving time for property-carrying vehicles);

NOW, THEREFORE, I, Janet T. Mills, Governor of the State of Maine, pursuant to Me. Const. Art V, Pt 1, §§ 1 and 12, do hereby find that these conditions constitute an Energy Emergency under 37-B M.R.S. § 742(2)(A), and therefore by this Proclamation declare an Energy Emergency. This Proclamation shall constitute the exemption recognized by federal law that will enable heating fuel delivery crews to operate in Maine free from otherwise applicable hours of service limitations, provided that no motor carrier operating under this proclamation shall require or allow an ill or fatigued driver to operate a motor vehicle. A driver who notifies a motor carrier that such driver needs immediate rest shall be given at least ten (10) consecutive hours off-duty before returning to service.

Motor carriers that have an Out of Service Order in effect or are under a State of Maine suspension cannot take advantage of this relief from the regulations that this declaration provides under Title 49 CFR § 390.23(b). Nothing contained in this declaration shall be construed as an exemption from Commercial Driver’s License requirements, Controlled Substance and Alcohol Use and Testing requirements, Financial Responsibility requirements, Size and Weight requirements, or any other portion of regulations not specifically identified.

Drivers operating under this Proclamation shall carry a copy as evidence of their direct emergency service to the people of Maine. This Proclamation shall expire at midnight on February 28, 2026, unless otherwise terminated or extended. Dated this 13th day of February 2026.