FMCSA wants feedback on emergency declaration

September 6, 2022

Land Line Staff

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Since March 2020, truckers hauling relief loads have been operating under an emergency declaration because of the COVID-19 pandemic. Now, the Federal Motor Carrier Safety Administration wants feedback on the unprecedented federal waiver.

A notice and request for comments is set to publish in the Federal Register on Wednesday, Sept. 7. The public will then have 14 days to respond.

“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,” the agency wrote.

Through the notice, FMCSA said it wants feedback regarding the use of the waiver and how it affects safety.

“The agency seeks public comment on the usage of the emergency declaration for the covered products,” FMCSA wrote. “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 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.”

Last week, FMCSA extended the emergency declaration through Oct. 15.

The declaration gives regulatory relief to truck drivers providing direct assistance with the delivery of emergency supplies.

According to FMCSA, 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 current waiver is limited to the following loads:

  • Livestock and livestock feed.
  • Medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19.
  • Vaccines, constituent products, and medical supplies and equipment, including ancillary supplies/kits for the administration of vaccines, related to the prevention of COVID-19.
  • 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.
  • Food, paper products and other groceries for emergency restocking of distribution centers or stores.
  • Gasoline, diesel, diesel exhaust fluid, jet fuel, ethyl alcohol and heating fuel, including propane, natural gas and heating oil.

According to an August email from FMCSA to Land Line, the agency said it was aware of only two crashes involving truck drivers operating under the waiver. Both were single-vehicle crashes, and neither yielded major injuries.

How to comment

Once the notice publishes in the Federal Register, the public can comment by going to the Regulations.gov website and entering Document No. FMCSA-2022-0189. LL