Federal Motor Carrier Safety Administration
April 8, 2020
EXTENSION AND EXPANSION OF
EMERGENCY DECLARATION No. 2020-002 UNDER 49 CFR § 390.25
THE FIFTY UNITED STATES OF AMERICA AND THE DISTRICT OF COLUMBIA
The Federal Motor Carrier Safety Administration hereby declares that a nationwide emergency continues to exist that warrants extension and expansion of Emergency Declaration No. 2020-002 issued on March 13, 2020, and expanded on March 26, 2020, and continuing the exemption granted from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations (FMCSRs) for the fifty States and the District of Columbia. This Declaration extends the exemption through May 15, 2020, and further expands the relief expressly to cover liquefied gases to be used in refrigeration or cooling systems.
Emergency Declaration 2020-002 was issued following the declaration of nationwide emergency by the President pursuant to 49 U.S.C. § 5191(b) in response to Coronavirus Disease 2019 (COVID-19), the public health emergency declared by the Health and Human Services Secretary, and the immediate risk these outbreaks present to public health and welfare. Emergency Declaration 2020-002 is set to expire on April 12, 2020. Because emergency conditions have not abated, FMCSA is extending Emergency Declaration No. 2020-002 and associated regulatory relief in accordance with 49 CFR § 390.25. This extension of the Emergency Declaration addresses national emergency conditions that create a need for immediate transportation of essential supplies, equipment and persons, and provides necessary relief from the FMCSRs for motor carriers and drivers engaged in the transport of essential supplies, equipment and persons.
By execution of this extension of Emergency Declaration No. 2020-002, motor carriers and drivers providing direct assistance in support of relief efforts related to the COVID-19 outbreaks are granted emergency relief from Parts 390 through 399 of the FMCSRs, except as restricted herein. 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 (such as food and fuel) related to COVID-19 outbreaks during the emergency.
The extension of Emergency Declaration 2020-002 provides regulatory relief for commercial motor vehicle operations providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks, including transportation to meet immediate needs for: (1) medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19; (2) 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; (3) food, paper products and other groceries for emergency restocking of distribution centers or stores; (4) immediate precursor raw materials — such as paper, plastic or alcohol — that are required and to be used for the manufacture of items in categories (1), (2)
or (3); (5) fuel; (6) liquefied gases to be used in refrigeration or cooling systems; (7) equipment, supplies and persons necessary to establish and manage temporary housing, quarantine, and isolation facilities related to COVID-19; (8) persons designated by Federal, State or local authorities for medical, isolation, or quarantine purposes; and (9) persons necessary to provide other medical or emergency services, the supply of which may be affected by the COVID-19 response. Direct assistance does not include routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of this emergency declaration.[1]
