N.Y. Comp. Codes R. & Regs. tit. 9 § 8.31
WHEREAS, beginning on October 29, 2011, and continuing thereafter, a Nor'easter has disrupted vital public transportation, utility service, and threatens public health and public safety systems within the Counties of Albany, Columbia, Delaware, Dutchess, Greene, Orange, Putnam, Rensselaer, Richmond, Rockland, Sullivan, Ulster and Westchester, and contiguous areas; and
WHEREAS, this event has caused widespread power outages, downed trees, damage to homes and businesses, and may result in personal hardships, significant flooding, hamper the movement of medical personnel, strand motorists and travelers, and will continue to pose a threat to the public health and safety;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and the Laws of the State of New York, do hereby find that a disaster has occurred for which the affected local governments are unable to respond adequately. Therefore, pursuant to the authority vested in me by the Constitution of the State of New York and Section 28 of Article 2-B of the Executive Law, I hereby declare a State Disaster Emergency effective October 29, 2011, within the territorial boundaries of the Counties of Albany, Columbia, Delaware, Dutchess, Greene, Orange, Putnam, Rensselaer, Richmond, Rockland, Sullivan, Ulster and Westchester, and contiguous areas; and
FURTHER, pursuant to Section 29 of Article 2-B of the Executive Law, I direct the implementation of the State Comprehensive Emergency Management Plan and authorize, effective October 29, 2011, the State Office of Emergency Management, the Department of Health, the Department of Transportation, the Division of State Police, the Division of Military and Naval Affairs, the Department of Environmental Conservation, the State Department of Corrections and Community Supervision, the Public Service Commission, the Office of Fire Prevention and Control, the Department of Labor, the Office of Parks, Recreation and Historic Preservation, the Office of General Services, the State University of New York, the Thruway Authority, the American Red Cross and other State agencies as necessary, to take appropriate action to protect State property and to assist affected local governments and individuals in responding to and recovering from this disaster, and to provide such other assistance as necessary to protect the public health and safety.
IN ADDITION, this declaration satisfies the requirements of 49 C.F.R. § 390.23(a)(1)(A), which provides relief from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations (FMCSR). Such relief from the FMCSR is necessary in order to hasten the movement of utility power restoration crews into New York State.
IN ADDITION, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend specific provisions of any statute, local law, ordinance, orders, rules or regulations, or any parts thereof, of any agency during a State Disaster Emergency, if compliance with such provisions would prevent, hinder or delay any action necessary to cope with the disaster, I hereby temporarily suspend, for the period from the date of this Executive Order until further notice, the following laws:
Sections 375, 385, and 401 of the Vehicle and Traffic Law, to the extent that exemption from the vehicle registration, equipment, and dimension requirements for vehicles validly registered in other jurisdictions is necessary to assist in disaster preparedness and recovery efforts.
FURTHER, I have designated Andrew X. Feeney, Director of the State Office of Emergency Management as the State Coordinating Officer for this event.
Signed: Andrew M. Cuomo
Dated: October 30, 2011
N.Y. Comp. Codes R. & Regs. Tit. 9 § 8.31