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---------- Forwarded message ---------From: Governor Martinez Press Office, GOV <MartinezPressOffice@state.nm.us> Date: Wed, Jan 19, 2011 at 5:51 PM Subject: Governor Susana Martinez Makes Emergency Declaration to Permit Liquid Petroleum Gas Delivery To:

State of New Mexico
Office of the Governor

Susana Martinez
Governor

Contact: Scott Darnell (505) 819-1398 scott.darnell@state.nm.us *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 to permit 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 weather that has increased both residential and commercial demand for fuel. The suspension will remain in effect for up to seven days.

Full text of the Governor’s executive order is below:

EXECUTIVE ORDER 2011-006

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

WHEREAS, the continued period of cold weather has increased demand for the above referenced fuel 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 declare emergencies, 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 the authority vested in me by the Constitution and the laws of the State of New Mexico, do hereby make an emergency declaration, within the meaning of 49 CFR 390.23, for the limited purpose of suspending the federal rules and regulations that limit the hours operators of commercial vehicles may drive, in order to ensure the uninterrupted supply of liquid petroleum gas throughout New Mexico. This emergency justifies a suspension of Part 395 (drivers’ hours of service) of Title 49 of the Code of Federal Regulations. The suspension shall remain in effect for 7 days from the date of this Order or until the emergency condition ceases to exist, whichever is less. Nothing herein shall be construed as an exemption from the Commercial Driver’s License Requirements in 49 CFR 383, the financial requirements in 49 CFR 387, or applicable federal size and weight limitations.

It is further ordered that no motor carrier operating under the terms of this emergency declaration shall require or allow an ill or fatigued driver to operate a motor vehicle. A driver who notifies a motor carrier that he or she needs immediate rest shall be given at least 10 consecutive hours off-duty before the
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carrier that he or she needs immediate rest shall be given at least 10 consecutive hours off-duty before the 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 or regulations within the state of New Mexico except as specifically described in the Order. All other laws and regulations remain in full force and effect.

THIS ORDER supersedes any other previous orders, proclamations, or directives to the extent they 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

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