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STATE OF INDIANA
EXECUTIVE DEPARTMENT
INDIANAPOLIS

EXECUTIVE ORDER: 22-11

FOR: EXTENSION OF EXECUTIVE ORDERS 22-06 & 22-07


TO ALL WHOM THESE PRESENTS MAY COME, GREETINGS:

WHEREAS, on February 9, 2022, a confirmed case of H5N1 highly pathogenic avian influenza (hereinafter referred to as "HPAI") was identified in a turkey flock located at a single farm in Dubois County, which is the first report of HPAI in the commercial poultry industry in Indiana since 2016;

WHEREAS, this virus does not present a food safety risk, and no human cases have been detected in the United States;

WHEREAS, upon confirmation of HPAI, the turkeys were depopulated (euthanized) in an effort to prevent the spread of this disease in the area, and no turkeys from this flock entered the food system;

WHEREAS, the euthanized turkeys were disposed of on-site by composting them with a carbon material, which is a method approved and overseen by state and federal agencies;

WHEREAS, on February 12, 2022, in order to help facilitate the prompt transportation of the needed composing materials, I issued Executive Order 22-06, which waived the applicable hours of service regulations for motor carriers and drivers transporting such composing materials to the affected farm/area in Dubois County;

WHEREAS, in the ensuing days, however, HPAI spread to commercial turkey flocks in Greene County, Indiana; accordingly, I issued a new executive order (22-07) expanding the scope of the original executive order (22-06) so that it included any county in our State where an occurrence of HPAI has been confirmed and where the requisite composting materials are needed;

WHEREAS, as recently as March 2, 2022, another instance of HPAI has been confirmed at a new farm location in Dubois County, while the need for a waiver of the hours of service regulations has continued; and

WHEREAS, in light of the above, it is necessary and appropriate to extend the period of time that Executive Order 22-06, as amended by Executive Order 22-07, shall be in effect;

NOW, THEREFORE, I, Eric J. Holcomb, by virtue of the authority vested in me as Governor of the State of Indiana, do hereby order that:

1. Continuation of Executive Orders 22-06 & 22-07

Effective at 12:01 a.m. on Sunday, March 13, 2022, Executive Orders 22-06 and 22-07 are further extended and shall remain in full force and effect until 11:59 p.m. on Sunday, April 10, 2022, unless they are terminated or further extended by order of the Governor. Therefore, motor carriers and drivers transporting the requisite composting materials to counties in Indiana where an occurrence of HPAI has been confirmed, are and shall continue to be exempt from regulations restricting their hours of service under 49 CFR § 395, incorporated by reference into Indiana statute under Ind. Code § 8-2.1-24-18.

2. Limited Scope

Nothing contained in this declaration shall be construed as an exemption for any portion of the Motor Carrier Safety Regulations other than those regulating hours of service.
  IN TESTIMONY WHEREOF, I, Eric J. Holcomb, have hereunto set my hand and caused to be affixed the Great Seal of the State of Indiana, on this 10th day of March, 2022. 
   
  Eric J. Holcomb 
  Governor of Indiana 
SEAL   
ATTEST:  Holli Sullivan 
  Secretary of State 

Posted: 03/23/2022 by Legislative Services Agency

DIN: 20220323-IR-GOV220100EOA
Composed: Apr 26,2024 5:14:44AM EDT
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