N.Y. Comp. Codes R. & Regs. tit. 9 § 9.55
WHEREAS, on October 25, 2021 and continuing thereafter, prolonged heavy rainfall is expected to created hazardous conditions in New York State posing an imminent danger to public transportation, utility service, public health, and public safety systems within the counties of Bronx, Broome, Chenango, Delaware, Greene, Kings, Montgomery, Nassau, New York, Orange, Otsego, Putnam, Queens, Richmond, Rockland, Schenectady, Schoharie, Suffolk, Sullivan, Tioga, Ulster, Westchester, and contiguous counties.
WHEREAS, the storm is anticipated to produce heavy rainfall and high winds causing power outages, downed trees, localized flash flooding, road closures, travel disruptions, and damage to public and private property throughout the impacted areas, which pose a threat to the public health and safety.
NOW, THEREFORE, I, KATHY HOCHUL, Governor of the State of New York, by virtue of 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, do hereby find that a disaster is imminent for which the affected local governments are unable to respond adequately. Therefore, I hereby declare a State Disaster Emergency effective October 25,2021 within the territorial boundaries of the counties of Bronx, Broome, Chenango, Delaware, Greene, Kings, Montgomery, Nassau, New York, Orange, Otsego, Putnam, Queens, Richmond, Rockland, Schenectady, Schoharie, Suffolk, Sullivan, Tioga, Ulster, Westchester, and contiguous counties This Executive Order shall be in effect through November 24, 2021; 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 25,2021, 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 to ensure that crews can clear vital roadways and hasten the movement of utility power restoration crews into New York State.
GIVEN under my hand and the Privy Seal of the State in the City of Albany this 25th day of October in the year two thousand twenty-one.
Signed: Kathy Hochul
Dated: October 25, 2021
N.Y. Comp. Codes R. & Regs. Tit. 9 § 9.55