WHEREAS, the State of Maine has experienced a severe winter storm with heavy rains and high winds causing widespread coastal flooding and damage to infrastructure including to roads, utilities, piers, wharves, floats, boathouses, vessels, fishing infrastructure, businesses and residences;
WHEREAS, extensive road damage, including to Maine’s federal-aid highways, caused by high winds and flooding will require both immediate and on-going road repairs, constituting an emergency within the meaning of 23 U.S.C. §§ 120(e) and 125; and
WHEREAS, work crews and will need to operate continuously to assess, stabilize, and repair damaged infrastructure; and
WHEREAS, a second storm with similar characteristics is forecast to hit Maine in the coming days, and it is likely coastal areas will suffer similar impacts; and
WHEREAS, the widespread damage already incurred combined with the likelihood that coastal Maine will suffer additional, similar damage from a second storm in the coming days presents 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(b), 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, including damage to Maine’s federal-aid highways, constitute a civil emergency, and therefore declare by this Proclamation under 37-B M.R.S. § 742(1)(A) a State of Emergency and Energy Emergency in the following counties: Cumberland, Hancock, Knox, Lincoln, Sagadahoc, Waldo, Washington, and York. 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 seven (7) 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 eleventh day of January, Two Thousand Twenty-Four.