State of North Carolina

ROY COOPER

GOVERNOR

July 14, 2020

EXECUTIVE ORDER NO. 150

EXTENDING CERTAIN TRANSPORTATION-RELATED PROVISIONS IN PREVIOUS EXECUTIVE ORDERS

WHEREAS, on March 10, 2020, the undersigned issued Executive Order No. I 16 which declared a State of Emergency to coordinate the State' s response and protective actions to address the Coronavirus Disease 20 19 (C O VI D-1 9) public health emergency and to provide for the health, safety, and welfare of residents and visitors located in North Carolina (" Dec la ratio n o f a State of Emergency"); and

WHEREAS, on March 11, 2 020, the World Health Organization declared COVID-19 a global pandemic; and

WHEREAS, on March 13, 2020, the President of the United States declared the ongoing COVID-19 outbreak a pandemic of sufficient severity and magnitude to warrant an emergency declaration for all states, tribes, territories, and the District of Columbia pursuant to Section 50 I (b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S. C. § 5121- 5207 (the " Stafford Act"); and

WHEREAS, on March 13, 202 0, the President of the United States pursuant to Sections 201 and 301 of the National Emergencies Act, 50 U.S.C. § 1601, et seq. and consistent with Section 11 35 of the Social Security Act, as amended (42 U.S. C. § 132 0 b-5), declared that the COYID- 19 pandemic in the United States constitutes a national emergency, retroactive to March 1, 2020; and

WHEREAS, on March 25, 2020, the President of the United States, pursuant to Section 40 I o f the Stafford Act, approved a Major Disaster Declaration, FEMA-4487-DR, for the State of North Carolina; and

WHEREAS, in responding to the COVID-19 pandemic, and for the purposes of protecting the health, safety and welfare of the people of North Carolina, the undersigned has issued Executive Or der Nos. 116-122, 124-125, 129-131,133-136,138-144, and 146-149; and

WHEREAS, more than eighty-nine thousand people in North Carolina have had laboratory­ confirmed cases of COVID-19, and over fifteen hundred people in North Carolina have died from the disease; and

             WHEREAS, hospital administrators and health care providers have expressed concerns that unless the spread of COVID- 1 9 is limited, existing health care facilities ma y be insufficient to care for those who become sick; and

             WHEREAS, Executive Order No. 116, issued on March 10, 2020, included certain suspensions of Federal Motor Carrier Safety Regulations; and

WHEREAS, 49 C.F.R. § 390.23(a)(l )(ii)(B) allows for the undersigned to extend  the suspension of the regulations in 49 C.F.R. Parts 300-399, the  Federal  Motor  Carrier  Safety Regulations, for an additional thirty (30) day period if the undersigned determines that an emergency condition continues to exist; and

WHEREAS, on July 13, 2020, the Federal Motor Carrier Safety Administration issued the Extension of Expanded Emergency Declaration No. 2020-002 to provide regulatory relief for commercial motor vehicle operations that provide direct assistance in support of emergency relief efforts related to COVID-19; and

WHEREAS, the undersigned has determined that the Executive Order needs to remain in place to allow for the continued expedited movement of vehicles in the state; and

WHEREAS, Executive Order No. 119, issued on March 20, 2020, the undersigned facilitated critical motor vehicle operations; and

WHEREAS, Executive Order No. 146, issued on June 19. 2020, extended the transportation related provisions in Executive Order Nos. 1 16, 119, 133, and 140; and

WHEREAS, the provisions concerning the Division of Motor Vehicles ("'OMV'') in Executive Order No. 119 are set to expire unless the undersigned takes further action; and

WHEREAS, the undersigned has determined that these OMV-related provisions should be extended; and

WHEREAS, Executive Order No. 116 invoked the Emergency Management Act, and authorizes the undersigned to exercise the powers and duties set forth therein to direct and aid in the response to, recovery from, and mitigation against emergencies; and

WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.I0(b)(2), the undersigned may make, amend, or rescind necessary orders, rules, and regulations within the limits of the authority conferred upon the Governor in the Emergency Management Act; and

WHEREAS, N.C. Gen. Stat.§ 166A-19.10(b)(3) authorizes and empowers the undersigned to delegate any Gubernatorial vested authority under the Emergency Management Act and to provide for the subdelegation of any authority.

NOW, THEREFORE, by the authority vested in me as Governor by the Constitution and the laws of the State of North Carolina, IT IS ORDERED:

Section 1. Extensions and technical amendments

For the reasons and pursuant to the authority set forth above and set forth in the relevant Executive Orders referenced below, the undersigned orders as follows:

1. Executive Order Nos. 116 and 119.

1. Sections 3 to 5 of Executive Order No. 119 (which were extended by Executive Order Nos. 133, 140 and 146) are hereby extended through the end of the calendar day on August 14, 2020.

2. Section 5 of Executive Order No. 116 (which was amended by Section 6 of Executive Order No. 119 and Section 1 of Executive Order No. 146 and extended by Executive Order Nos.133, 140, and 146) is amended as follows:

Executive Order No. 116 Section 5 is amended as follows: