Executive Order 2011-006

8/8/2019 Executive Order 2011-006

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1/19/11 6:15 PMtps://mail.villr.com/exchange/JPhillips/Inbox/Fwd:%20Governor%2Petroleum%20Gas%20Delivery.EML/?cmd=body&Security=1&unfiltered=1

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---------- Forwarded message ----------From: Governor Martinez Press Office, GOV Date: Wed, Jan 19, 2011 at 5:51 PMSubject: Governor Susana Martinez Makes Emergency Declaration to Permit Liquid Petroleum Gas DeliveryTo:

State of New Mexico

Office of the Governor

Susana Martinez

Governor

Contact: Scott Darnell

(505) 819-1398

[email protected]

*Note new contact information

For Immediate Release

January 19, 2011

GOVERNOR SUSANA MARTINEZ MAKES EMERGENCY DECLARATION TO

PERMIT LIQUID PETROLEUM GAS DELIVERY

SANTA FE Governor Susana Martinez has declared a state of emergency in New Mexico in order topermit liquid petroleum gas delivery within the state by suspending federal rules and regulations on the


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hours that commercial vehicle operators may drive. The declaration is in response to ongoing cold weatherthat has increased both residential and commercial demand for fuel. The suspension will remain in effect forup to seven days.

Full text of the Governors executive order is below:

EXECUTIVE ORDER 2011-006

WHEREAS, the uninterrupted supply of liquid petroleum gas to residential and commercialestablishments is an essential need of the public during the winter and any interruption threatens publicwelfare; and

WHEREAS, the continued period of cold weather has increased demand for the above referencedfuel and threatened uninterrupted delivery to residential and commercial customers; and

WHEREAS, The Federal Motor Carrier Safety Regulations, 49 CFR 390, et seq., limit the hours

operators of commercial motor vehicles may drive; and

WHEREAS, 49 CFR 390.23 allows the Governor of a State, having the authority to declareemergencies, to suspend these rules and regulations for up to 30 days.

NOW, THEREFORE, I, Susana Martinez, Governor of the State of New Mexico, by virtue of theauthority vested in me by the Constitution and the laws of the State of New Mexico, do hereby make anemergency declaration, within the meaning of 49 CFR 390.23, for the limited purpose of suspending thefederal rules and regulations that limit the hours operators of commercial vehicles may drive, in order toensure the uninterrupted supply of liquid petroleum gas throughout New Mexico. This emergency justifies asuspension of Part 395 (drivers hours of service) of Title 49 of the Code of Federal Regulations. Thesuspension shall remain in effect for 7 days from the date of this Order or until the emergency conditionceases to exist, whichever is less. Nothing herein shall be construed as an exemption from the CommercialDrivers License Requirements in 49 CFR 383, the financial requirements in 49 CFR 387, or applicablefederal size and weight limitations.

It is further ordered that no motor carrier operating under the terms of this emergency declarationshall require or allow an ill or fatigued driver to operate a motor vehicle. A driver who notifies a motorcarrier that he or she needs immediate rest shall be iven at least 10 consecutive hours off-dut before the


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driver is required to return to service.

It is further ordered that this Order does not suspend the operation of any state or federal laws orregulations within the state of New Mexico except as specifically described in the Order. All other laws andregulations remain in full force and effect.

THIS ORDERsupersedes any other previous orders, proclamations, or directives to the extentthey are in conflict. This Executive Order shall take effect immediately.

ATTEST

DIANNA J. DURAN

SECRETARY OF STATE

SIGNED AT THE EXECUTIVE OFFICE THIS 19TH DAY OF JANUARY, 2011.

WITNESS MY HAND AND THE GREAT SEAL OF THE STATE OF NEW MEXICO.

SUSANA MARTINEZ

GOVERNOR

Executive Order 2011-006

Documents

Transcript of Executive Order 2011-006