Rule2022-19304
Assessment of the Continued Need for COVID-19 Emergency Declaration, Regulatory Relief for Commercial Motor Vehicle Operations
Primary source
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Published
September 7, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
On August 31, 2022, FMCSA announced the extension of its coronavirus disease 2019 (COVID-19) Emergency Declaration which provides regulatory relief for motor carriers and drivers engaged in providing direct assistance in continued support of the Nation's COVID- 19 national emergency. The extension of the emergency declaration expires on October 15, 2022. FMCSA (the "Agency") seeks public comment concerning the extent to which motor carriers currently rely on the emergency declaration to deliver certain commodities and whether there has been any impact on safety.
Full Text
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<title>Federal Register, Volume 87 Issue 172 (Wednesday, September 7, 2022)</title>
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[Federal Register Volume 87, Number 172 (Wednesday, September 7, 2022)]
[Rules and Regulations]
[Pages 54630-54632]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19304]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 395
[Docket No. FMCSA-2022-0189]
Assessment of the Continued Need for COVID-19 Emergency
Declaration, Regulatory Relief for Commercial Motor Vehicle Operations
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Request for comments.
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SUMMARY: On August 31, 2022, FMCSA announced the extension of its
coronavirus disease 2019 (COVID-19) Emergency Declaration which
provides regulatory relief for motor carriers and drivers engaged in
providing direct assistance in continued support of the Nation's COVID-
19 national emergency. The extension of the emergency declaration
expires on October 15, 2022. FMCSA (the ``Agency'') seeks public
comment concerning the extent to which motor carriers currently rely on
the emergency declaration to deliver certain commodities and whether
there has been any impact on safety.
DATES: Comments on this document must be received by September 21,
2022.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2022-0189 by any of the following
methods:
[[Page 54631]]
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. See the
Public Participation and Request for Comments section below for further
information.
<bullet> Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
<bullet> Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2022-0189) for this document. Note that DOT posts all comments
received without change to <a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal
information included in a comment. Please see the Privacy Act heading
below.
Docket: For access to the docket to read background documents or
comments, go to <a href="http://www.regulations.gov">www.regulations.gov</a> at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. To be sure someone is there to help you,
please call (202) 366-9317 or (202) 366-9826 before visiting Dockets
Operations.
Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>. As described in the
system of records notice DOT/ALL 14-FDMS, which can be reviewed at
<a href="http://www.transportation.gov/privacy">www.transportation.gov/privacy</a>, the comments are searchable by the name
of the submitter.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and
Carrier Operations Division, Office of Carrier, Driver, and Vehicle
Safety Standards, FMCSA, at (202) 366-2722 or <a href="/cdn-cgi/l/email-protection#f5b8b6a5a6b1b5919a81db929a83"><span class="__cf_email__" data-cfemail="337e7063607773575c471d545c45">[email protected]</span></a>. If you
have questions on viewing or submitting material to the docket, contact
Dockets Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Background
On May 27, 2022, FMCSA issued a declaration that the Nation's
ongoing response to the COVID-19 national emergency warrants an
extension and amendment of Emergency Declaration No. 2020-002. The
extension and amendment of the Emergency Declaration continued the
relief from certain requirements in 49 CFR part 395 of the Federal
Motor Carrier Safety Regulations for interstate motor carriers and
drivers operating in the 50 States and the District of Columbia. The
extension of the emergency declaration issued on May 27, 2022, expired
on August 31, 2022.
FMCSA first issued Emergency Declaration No. 2020-002 in response
to the March 13, 2020, declaration of a national emergency under 42
U.S.C. 5191(b) related to COVID-19, and the immediate risk COVID-19
presented to public health and welfare. FMCSA subsequently modified
Emergency Declaration No. 2020-002 concerning the categories of
supplies, equipment, and persons covered by the Emergency Declaration
to respond to changing needs for emergency relief.
The May 27, 2022, announcement explained that the continuation of
the exemption and associated regulatory relief in accordance with 49
CFR 390.25, was necessary because the presidentially declared emergency
remains in place, persistent issues arising out of COVID-19 continue to
affect the U.S. including impacts on supply chains, and nationwide
reporting continues to demonstrate substantial ongoing use of the
regulatory relief under Emergency Declaration No. 2020-002.
With the August 31, 2022, announcement, the Agency extended the
modified Emergency Declaration No. 2020-002 as amended on May 27, 2022,
such that subject to the restrictions and conditions set forth in the
declaration motor carriers and drivers providing direct assistance in
support of relief efforts related to the COVID-19 public health
emergency are granted emergency relief from 49 CFR 395.3, maximum
driving time for property-carrying vehicles. Direct assistance means
transportation and other relief services provided by a motor carrier or
its driver(s) incident to the immediate restoration of essential
services (such as medical care) or essential supplies during the COVID-
19 emergency.
The extension of the modified Emergency Declaration No. 2020-002
provides regulatory relief for commercial motor vehicle operations
providing direct assistance in support of emergency relief efforts
related to COVID-19 and is limited to transportation of: (1) livestock
and livestock feed; (2) medical supplies and equipment related to the
testing, diagnosis, and treatment of COVID-19; (3) vaccines,
constituent products, and medical supplies and equipment including
ancillary supplies/kits for the administration of vaccines, related to
the prevention of COVID-19; (4) supplies and equipment necessary for
community safety, sanitation, and prevention of community transmission
of COVID-19 such as masks, gloves, hand sanitizer, soap, and
disinfectants; (5) food, paper products, and other groceries for
emergency restocking of distribution centers or stores; and (6)
gasoline, diesel, diesel exhaust fluid, jet fuel, ethyl alcohol, and
heating fuel including propane, natural gas, and heating oil. Direct
assistance does not include non-emergency transportation of qualifying
commodities or routine commercial deliveries, including mixed loads
with a nominal quantity of qualifying emergency relief added to obtain
the benefits of this emergency declaration. To be eligible for the
exemption, the transportation must be both (1) of qualifying
commodities and (2) incident to the immediate restoration of those
essential supplies.
Request for Comments
FMCSA believes the emergency declaration and subsequent extensions
have provided the transportation industry essential regulatory relief
in supporting the Nation's efforts to address the challenges associated
with responding to the COVID-19 emergency. Since September 2021, FMCSA
has requested that motor carriers operating under the emergency
declaration report certain information to the Agency. This information
included the number of trips conducted under the declaration and the
commodities transported. Based on a review of the carriers' self-
reported information, the primary categories of commodities transported
under the declaration are: food, paper products and other groceries for
emergency restocking of distributions centers or stores; and livestock
and livestock feed. Two categories which have seen the usage between
October 2021 and July 2022 decrease by almost 50 percent are: medical
supplies and equipment related to the testing, diagnosis, and treatment
of COVID-19; and supplies and equipment necessary for community safety,
sanitation, and prevention of community transmission of COVID-19.
The Agency seeks public comment on the usage of the emergency
declaration for the covered products. Specifically, if the usage is fit
for the intended purpose of the limited relief. Commenters are
encouraged to share with the Agency the source of the data or
information and provide recommendations on additional actions the
Agency should consider in monitoring the use of the declaration.
Further, any data or information the Agency should use in
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determining whether continued extension or modification of the
declaration is needed. The Agency also seeks public comment on the
safety and supply chain impacts of the emergency declaration.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-19304 Filed 9-6-22; 8:45 am]
BILLING CODE 4910-EX-P
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