N.Y. Comp. Codes R. & Regs. tit. 9 § 8.122
WHEREAS, on January 6, 2014 and continuing thereafter, a strong winter storm began to impact New York State and poses an imminent danger to vital public transportation, utility service, and public health and public safety systems within the counties of Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Jefferson, Lewis, Livingston, Monroe, Niagara, Oneida, Orleans, Oswego, Wayne, Wyoming and contiguous areas; and
WHEREAS, this winter storm is predicted to produce blizzard-like conditions, snowfall amounts of more than two feet, winds in excess of 45 miles per hour, and dangerously cold temperatures with below zero wind chills, and these conditions may cause widespread power outages and roadway closures, damage to homes and businesses and public and private property, 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 is imminent 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 January 6, 2014 within the territorial boundaries of the counties of Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Jefferson, Lewis, Livingston, Monroe, Niagara, Oneida, Orleans, Oswego, Wayne, Wyoming 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 January 6, 2014, the State Office of Emergency Management, the Department of Health, the Department of Transportation, the State Police, the Division of Military and Naval Affairs, the Department of Environmental Conservation, the State Department of Correctional Services, 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 Division of Homeland Security and Emergency Services, other State agencies as necessary, and the American Red Cross 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 ensure that snow removal crews can clear vital roadways and hasten the movement of utility power restoration crews into New York State.
FURTHER, I have designated Jerome M. Hauer, Commissioner of the Division of Homeland Security and Emergency Services, as the State Coordinating Officer for this event.
Signed: Andrew M. Cuomo
Dated: January 6, 2014
N.Y. Comp. Codes R. & Regs. Tit. 9 § 8.122