Federal, State Responses to Colonial Pipeline Attack Consider Trucking
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Government agencies at the federal and state levels took a variety of measures — including some to help facilitate truck movement — in response to the cyberattack that temporarily halted operations for Colonial Pipeline, which operates a network of pipelines that spans more than 5,500 miles from Texas to New Jersey.
The company halted operations due to a ransomware attack May 7 that has been linked to a criminal gang. As of May 13, operations were resuming.
The U.S. Department of Transportation on May 11 announced additional measures to help states that were impacted by the incident.
Thanks to the commitment and dedication of the many Colonial team members who worked safely and tirelessly through the night, Colonial product delivery has commenced in a majority of the markets we service. Latest update: https://t.co/kpWNw0UQve pic.twitter.com/Qf8XFQkzGL — Colonial Pipeline (@Colpipe) May 13, 2021
In its announcement, DOT said states covered by presidential disaster declarations that have been issued within the past 120 days could use interstate highways to transport overweight loads of gasoline and other fuels. Panic buying among consumers drained fuel supplies up and down the East Coast.
“Each state must continue to follow its own procedures for issuance of special permits authorizing the loads, but the added flexibility announced today lawfully permits these trucks to run on the interstate highway system and other federal highways,” DOT’s announcement states.
According to DOT, the previous presidential declarations created this authority for up to 120 days and, because they were issued at various dates, will expire at different times. Maryland’s 120-day period will expire June 4, while Virginia’s period will expire Sept. 7. The 10 states covered are Alabama, Georgia, Kentucky, Louisiana, Maryland, Mississippi, New Jersey, North Carolina, Tennessee and Virginia.
This announcement followed a May 9 emergency declaration issued by the Federal Motor Carrier Safety Administration that provided relief from hours-of-service regulations to truckers assisting in operations related to petroleum supply chains along the East Coast.
.@FMCSA has issued a temporary hours of service exemption in response to the unanticipated shutdown of the Colonial Pipeline.⁰⁰Learn more:⁰https://t.co/786eovqaxA — TransportationGov (@USDOT) May 9, 2021
The declaration related to HOS relief applies to Alabama, Arkansas, Washington, D.C., Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas, Virginia and West Virginia.
Agencies within DOT were also active in their response. The Federal Railroad Administration launched an emergency effort to assess rail operators’ capacity to transport fuel from coastal ports to inland communities.
The Pipeline and Hazardous Materials Safety Administration temporarily relaxed enforcement related to pipeline operator qualification rules for emergency personnel who may be needed to help in the system’s return to service. This enforcement announcement only applies to areas where Colonial Pipeline lacks appropriate resources as a result of the attack.
In today’s White House press briefing, @SecretaryPete explained PHMSA’s efforts to help restore Colonial Pipeline service.
Watch here ↴ pic.twitter.com/x5vuZoJj9n — PHMSA (@PHMSA_DOT) May 12, 2021
The Biden administration also launched a multiagency response effort. The group includes DOT, the Cybersecurity and Infrastructure Security Agency, the Federal Energy Regulatory Commission, the Environmental Protection Agency and the departments of Justice, Homeland Security, Treasury, Energy and Defense. The group set regular meetings to assess the attack’s impact on fuel supply and energy markets.
State officials have also been responsive to the incident. Florida Gov. Ron DeSantis signed a state of emergency May 11 stating that the Florida Department of Transportation could waive size and weight restrictions for divisible loads on vehicles supporting emergency relief efforts. Georgia Gov. Brian Kemp signed a state of emergency suspending Georgia’s fuel taxes, allowing fuel haulers to bypass weigh stations and prohibiting price gouging on fuel.
Kentucky Transportation Cabinet Secretary Jim Gray signed an official order May 12 temporarily suspending certain restrictions on motor carriers engaged in transporting petroleum products and ethanol to states affected by the system interruptions. Carriers must comply with safety requirements and keep a copy of the order in the truck cab if operating under its authority.
“Many states are working in concert to minimize the disruption of fuel supplies,” Gray said. “Our Cabinet is doing its part to help ensure that needed relief gets to the affected areas.”
Virginia Gov. Ralph Northam also signed an executive order to let state agencies issue waivers in order to marshal public resources. North Carolina Gov. Roy Cooper issued a state of emergency temporarily suspending motor vehicle regulations to ensure adequate fuel supplies throughout the state.
Under Maryland Gov. Larry Hogan’s designation of authority, Maryland Department of Transportation Secretary Greg Slater issued emergency waivers related to weight restrictions and HOS requirements for motor carriers.
Today I authorized @MDOTNews Secretary Greg Slater to take emergency measures to respond to the Colonial Pipeline incident and ensure continuity of fuel supply throughout the state.
Details: https://t.co/RUjXxwMyBr — Governor Larry Hogan (@GovLarryHogan) May 12, 2021
“It is important for Marylanders to know that the supply chain is still working — albeit more slowly than usual — and there is no need for panic buying,” Hogan said May 12. “While the operators of the pipeline anticipate that the disruption is likely to be short-term, we continue to prepare for all contingencies as part of our statewide response.”
Freight industry representatives, too, were tracking the situation, according to American Trucking Associations spokesman Sean McNally.
“ATA is aware of some locations being temporarily out of diesel fuel, but we are not hearing reports of it being a widespread issue yet,” McNally said. “We are closely monitoring the situation and are providing information to our members as needed.”
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