WHEREAS, the State of Maine has experienced a severe storm with heavy rains and unusually high winds causing widespread power outages, property damage, and road damage; and

WHEREAS, fuel delivery crews will need to work continuously to ensure continuity of supply during the storm recovery effort; and

WHEREAS, temperatures below freezing are forecast throughout Maine in the coming days; and

WHEREAS, the widespread loss of power combined with road closures, winter weather conditions, and potential fuel shortages present a direct and immediate threat to the public health, safety, and welfare; and

WHEREAS, pursuant to 49 CFR § 395, federal regulations limit the number of hours that certain drivers of vehicles may operate unless, as contemplated by 49 CFR § 390.23(a)(1)(i)(A), an Energy Emergency is declared pursuant to 37-B M.R.S. § 742(2); and

WHEREAS, this declaration of an Energy Emergency will facilitate a waiver from the U.S. Department of Transportation Federal Motor Carrier Safety Administration to allow, subject to the limitations set forth below, relief from 49 CFR Pts. 395.3 & 395.5;

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 work 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. 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 fourteen (14) days from its signature, unless otherwise terminated or extended.

In testimony whereof, I have caused the Great Seal of the State to be hereunto affixed GIVEN under my hand at Augusta and dated this nineteenth day of December, Two Thousand Twenty-Three.