WHEREAS, the Louisiana Homeland Security and Emergency Assistance and Disaster Act, R.S. 29:721, et seq., confers upon the Governor of the State of Louisiana emergency powers to deal with emergencies and disasters, including those caused by fire, flood, earthquake or other natural or man-made causes, in order to ensure that preparations of this state will be adequate to deal with such emergencies or disasters and to preserve the lives and property of the people of the state of Louisiana.
WHEREAS, when the Governor determines that a disaster or emergency has occurred, or the threat thereof is imminent, R.S. 29:724(B)(1) empowers the Governor to declare a state of emergency by executive order or proclamation, or both.
WHEREAS, the National Weather Service reports a strong arctic weather system will move into Louisiana during the late night hours of January 8, 2011 and the early morning hours of January 9, 2011. The severe winter weather system is expected to produce freezing temperature and precipitation in the form of freezing rain, sleet and/or snow. These conditions are expected to continue through the early morning hours of January 10, 2011..
WHEREAS, the strong arctic weather system is expected to cause hazardous travel conditions in northern and central Louisiana, will potentially seriously degrade or damage water systems in the area with frozen and busted water pipes, and the frozen precipitation and snow is likely to cause downed power lines resulting in power outages in affected areas.
WHEREAS, the State expects parishes and other local governmental entities will be in need of assistance to respond to the arctic weather conditions, and therefore, a state of emergency is necessary to prepare the State for a quick and rapid response to request for assistance.
WHEREAS, a state of emergency exists on January 8, 2011, due to the anticipated emergency conditions which will be caused by the severe arctic weather system moving through the State on January 8 through January 10, 2011.
WHEREAS, the uninterrupted supply of fuel oil, diesel oil, gasoline, kerosene and liquid petroleum gas (LPG) to established points of distribution during these severe weather conditions is essential to the health and welfare of the citizens of the State.
WHEREAS, the Federal Motor Carrier Safety Administration Regulations, 49 CFR 395 limits the hours of operations for drivers of commercial motor vehicles which transport the above mentioned products and limits the routes those vehicles must take.
WHEREAS, 49 CFR 390.23 allows the Governor of a State to suspend these rules and regulations for up to 30 days if the Governor determines that an emergency condition exists.
NOW THEREFORE, I, BOBBY JINDAL, Governor of the State of Louisiana, by virtue of the authority vested by the Constitution and the laws of the State of Louisiana, do hereby order and direct as follows:
SECTION 1: Pursuant to the Louisiana Homeland Security and Emergency Assistance and Disaster Act, R.S. 29:721, et seq., as a result of the severe arctic weather system moving through the State during the period of January 8 through January 10, 2011, and to prepare the State for the potential impact in order to minimize damages to the lives and property of the citizens of the State.
SECTION 2: The Director of the Governor’s Office of Homeland Security and Emergency Preparedness is hereby authorized to undertake any activity authorized by law which he deems appropriate in response to this declaration. All State agencies are authorized and directed to provide resources and assistance as requested by the Director of the Governor’s Office of Homeland Security and Emergency Preparedness.
SECTION 3: Nothing in this order shall be interpreted to suspend any other state or federal laws or regulations other than those federal regulations which are specifically addressed in this proclamation. All other laws and regulations shall remain in full force and effect. Specifically, 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.
SECTION 4: 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 driver is required to return to service.
SECTION 3: This state of emergency extends from January 8, 2011 thru February 7, 2011, unless terminated sooner.
IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 8th day of January, 2011.
GOVERNOR OF LOUISIANA
SECRETARY OF STATE