Assessment of the Continued Need for COVID-19 Emergency Declaration, Regulatory Relief for Commercial Motor Vehicle Operations Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Robin Hutcheson Date: 7 September 2022 Subject: American Government Special Collection: COVID-19

[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 [www.gpo.gov]
[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:

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     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     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.
     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 www.regulations.gov, 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 www.regulations.gov 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 www.regulations.gov. As described in the 
system of records notice DOT/ALL 14-FDMS, which can be reviewed at 
www.transportation.gov/privacy, 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 MCPSD@dot.gov. 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]
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