[Aqua-ohio] Fw: FMCSA Extends Again Emergency Declaration No. 2020-002

Tue Aug 31 14:34:32 EDT 2021

Live haulers,

See below the notification from the NAA regarding the extention of the emergency declaration.

Regards,

Matt

[The Ohio State University]
Matthew A. Smith
Aquaculture Extension Specialist

Madison County Extension Office
College of Food, Agricultural, and Environmental Sciences
217 Elm Street, London, Ohio 43140
740.852.0975 ext 17 Office
smith.11460 at osu.edu
________________________________
From: National Aquaculture Association <naa at thenaa.net>

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August 31, 2021
FMCSA Extends Again
Emergency Declaration
No. 2020-002

Today, the Federal Motor Carrier Safety Administration (FMCSA) declared the continuing national emergency warrants extension of the expanded modified Emergency Declaration No. 2020-002 effective September 1, 2021 until November 30, 3021.

 The extension and amendment of the expanded modified Emergency Declaration continues the exemption granted from certain requirements in Part 395 of the Federal Motor Carrier Safety Regulations (FMCSRs) for the fifty States and the District of Columbia as set forth below.

FMCSA 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 the coronavirus disease 2019 (COVID-19), and the immediate risk COVID-19 presents to public health and welfare.  FMCSA has previously modified Emergency Declaration 2020-002 to expand and remove categories of supplies, equipment and persons covered by the Emergency Declaration to respond to changing needs for emergency relief.  On May 26, 2021, FMCSA extended the modified Emergency Declaration No. 2020-002 and associated regulatory relief through August 31, 2021 in accordance with 49 CFR § 390.25.  FMCSA is continuing the exemption and associated regulatory relief in accordance with 49 CFR § 390.25, because the presidentially declared emergency remains in place and because, although the number of COVID-19 cases began to decline in the U.S. following widespread introduction of vaccinations, the delta variant and lagging vaccination rates reversed that downward trajectory and have resulted in a rapid rise in infections and hospitalizations around the country.  Therefore, a continued exemption is needed to support direct emergency assistance for some supply chains.

This notice continues the relief granted in Emergency Declaration 2020-002, as modified on June 15, 2020, August 15, 2020, and December 1, 2020, through November 30, 2021 subject to the restrictions and conditions set forth herein unless modified or terminated sooner.  This extension and amendment of the Emergency Declaration addresses national emergency conditions that create a need for immediate transportation of essential supplies and provides necessary relief from the FMCSRs for motor carriers and drivers.

By execution of this extension and amendment of Emergency Declaration No. 2020-002, 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, 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 related to COVID-19 during the emergency.

The extension and amendment of 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;
  6.  gasoline, diesel, jet fuel, and ethyl alcohol; and,
  7.  supplies to assist individuals impacted by the consequences of the COVID-19 pandemic (e.g., building materials for individuals displaced or otherwise impacted as a result of the emergency).

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 (i) of qualifying commodities and (ii) incident to the immediate restoration of those essential supplies.

Reporting Requirements: The notice directs motor carriers that voluntarily operate under the terms of this extension and amendment of Emergency Declaration No. 2020-002 to report within 5 days after the end of each month their reliance on the Declaration.  To report, motor carriers will access their portal account at https://portal.fmcsa.dot.gov/login<https://urldefense.com/v3/__https://thenaa.us6.list-manage.com/track/click?u=2fd6b049df111d21175a95a39&id=fb34ab2e92&e=7abee8fe9e__;!!KGKeukY!jlwlPb5s9ZM6LN-N6kIwb6RSQ9goQxUzDc4NdKFfO6h0FVVX7MebuIIMFBio_N9sQx_qaA$>. We strongly encourage everyone to review the applicability, restrictions, and limitations.

The National Aquaculture Association recommends farms and businesses that are transporting live, farmed aquatic animals and feed long distance download and review the declaration and provide a copy to drivers and/or carry a copy of the declaration in your long haul trucks.  The declaration is posted here<https://urldefense.com/v3/__https://thenaa.us6.list-manage.com/track/click?u=2fd6b049df111d21175a95a39&id=7425cf1108&e=7abee8fe9e__;!!KGKeukY!jlwlPb5s9ZM6LN-N6kIwb6RSQ9goQxUzDc4NdKFfO6h0FVVX7MebuIIMFBio_N-AAZDv1g$>.

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