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Solid Waste an an _Essential Service_public Comment from Republic ServicesFrom:Melissa Shannon To:Kalispell City Council; Doug Russell Subject:[EXTERNAL] Solid Waste an an "Essential Service" Date:Monday, March 23, 2020 11:41:16 AM Attachments:image001.png EXPANDED EMERGENCY DECLARATION UNDER 49 CFR § 390.23 No. 2020-002.pdf FMCSA_FAQs_HOS_ED_3-19-2020.pdf Mayor Johnson and City Manager Russell: Sorry to bother you at this time, I can’t imagine how crazy things are for you. But, I promise, this is relevant. I am reaching out on behalf of our client Republic Services, who is the local provider of solid waste services in Kalispell. As Montana and Kalispell continues to deal with COVID-19, we asking that any emergency proclamations, “shelter in place” orders or curfews, or any other actions taken to respond to COVID- 19 in Montana, includes the solid waste services industry as an “essential service”. This designation might be needed to ensure that Republic employees can continue removing garbage from residents and businesses across Montana. We have also reached out to the Governor’s office and the Flathead County Commissioners with this request. Federally, the Department of Homeland Security has released guidance to States by outlining the types of employees that work for “critical” industries who should maintain their usual work schedules to aid the nation’s response to the coronavirus outbreak. As you can see here: https://www.cisa.gov/publication/guidance-essential-critical-infrastructure-workforce, solid waste services industry is included under the “Public Works” section and listed as employees who: “support to ensure the effective removal, storage, and disposal of residential and commercial solid waste and hazardous waste.” But the DHS designation is only guidance to the States and is not required, so that is why we wanted to put this issue on your radar. I have also attached an updated emergency declaration and FAQ from the Federal Motor Carrier Safety Administration. In the FAQ’s it includes solid waste collections as an “essential service”. Please let me know if you have any questions. Happy to chat too if needed. Let me know your thoughts Thank you! Melissa MELISSA SHANNON Senior Vice President, Montana Operations C 406.422.2922 318 E 6TH AVENUE HELENA, MT 59601 STRATEGIES360.COM Federal Motor Carrier Safety Administration March 18, 2020 EXP ANDED EMERGENCY DECLARATION UNDER 49 CFR § 390.23 No. 2020-002 THE FIFTY UNITED STATES OF AMERICA AND THE DISTRICT OF COLUMBIA The President has declared a nationwide emergency pursuant to 42 U.S.C. § 5191(b), and pursuant to 49 CFR § 390.23(a)(l)(i), an emergency exists that warrants an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations (FMCSR), except as otherwise restricted by this Emergency Declaration. Such emergency is in response to Coronavirus Disease 2019 (COVID-19) outbreaks and their effects on people and the immediate risk they present to public health, safety and welfare in the fifty States and the District of Columbia . This Declaration addresses National emergency conditions that create a need for immediate transportation of essential supplies, equipment and persons, and provides necessary relief from the FM CSR for motor carriers and drivers engaged in the transport of essential supplies, equipment and persons . By execution of this Emergency Declaration, 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 FMCSR, 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. This Emergency Declaration 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) equipment , supplies and persons necessar y to establish and manage temporary housing, quarantine , and isolation facilities related to COVID-19; (7) persons designated by Federal , State or local authorities for medical , isolation , or quarantine purposes ; and (8) 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. Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts related to the COVID-19 outbreaks or when the motor carrier dispatches a driver or commercial motor vehicle to another location to begin operations in commerce. 49 CFR § 390.23(b). Upon termination of direct assistance to emergency relief efforts related to the COVID-19 outbreaks, the motor carrier and driver are subject to the requirements of 49 CFR Parts 390 through 399, except that a driver may return empty to the motor carrier's terminal or the driver's normal work reporting location without complying with Parts 390 through 399. However, if the driver informs the motor carrier that he or she needs immediate rest, the driver must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier's terminal or the driver's normal reporting location. Once the driver has returned to the terminal or the driver's normal reporting location, the driver must be relieved of all duty and responsibilities and must receive a minimum of 10 hours off duty if transporting property, and 8 hours if transporting passengers. Nothing contained in this Emergency Declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements ( 49 CFR Part 382), the commercial driver's license requirements (49 CFR Part 383), the financial responsibility (insurance) requirements ( 49 CFR Part 3 87), the hazardous material regulations ( 49 CFR Parts 100-180), applicable size and weight requirements, or any other portion of the regulations not specifically exempted under to 49 CFR § 390.23. Motor carriers or drivers currently subject to an out-of-service order are not eligible for the relief granted by this declaration until they have met the applicable conditions for its rescission and the order has been rescinded by FMCSA. In accordance with 49 CFR § 390.23, this declaration is effective immediately and shall remain in effect until the termination of the emergency (as defined in 49 CFR § 390.5) or until 11 :59 P.M. (ET) on April 12, 2020, whichever occurs sooner. Emergency Declaration No. 2020-002 JimM@- Acting Administrator Page 2 of2 US Department of Transportation | FMCSA National Emergency Declaration Are loads that include supplies related to direct assistance under the emergency declaration mixed with other, un-related materials covered under the declaration? Generally, yes, however, mixed loads with only a nominal quantity of qualifying emergency relief added to obtain the benefits of this emergency declaration are not covered. Is a driver required to take a 30-minute break? No, none of the hours of service regulations apply while the driver is engaged with providing direct assistance under the emergency relief exemption. How do the hours a driver worked under the emergency exemption impact the 60/70- hour rule when the driver goes back to normal operations? The hours worked providing direct assistance under the emergency relief exemption do not count toward the 60/70- hour rule. Is a 34-hour restart required after providing direct assistance under the emergency declaration? No, however, upon completion of the direct assistance and prior to returning to normal operations, the driver is required to meet the requirements of §§ 395.3(a) and (c) and 395.5(a), which include, for example, the requirement to take 10 hours off duty (8 hours for passenger carriers) and to comply with the on-duty limit of 60/70 hours in 7/8 days before returning to driving. Is the driver required to use a paper logbook or ELD? No, the emergency exemption includes relief from all the hours-of service regulations in 49 CFR part 395, including the recordkeeping requirements (i.e., records of duty status (RODS)). If there is an ELD in the truck, what should a driver do to account for the miles driven? There are three options: 1. Use the “authorized personal use” (personal conveyance) function of the ELD to record all of the time providing direct assistance under the exemption. Use of this function will result in the time being recorded as off duty and requires an annotation. US DEPARTMENT OF TRANSPORTATION EMERGENCY DECLARATION Frequently Asked Questions Related to the FMCSA Emergency Declaration Version 1.0 (March 19, 2020) LINK: https://www.fmcsa.dot.gov/emergency/expanded-emergency-declaration-under-49-cfr-ss-39023-no-2020-002 US Department of Transportation | FMCSA National Emergency Declaration 2. Use the ELD in its normal mode and annotate the ELD record to indicate they were driving under the emergency relief exemption; or 3. Turn off the ELD, in which case the carrier would address the unassigned miles in accordance with the current regulation. What does a driver need to do if taking a backhaul not covered by the exemption after transporting an exempt load? Upon completion of the direct assistance activities and prior to returning to normal operations, the driver is required to take 10 consecutive hours off duty before driving. All the time the driver spends engaged in work-related activities that are not associated with providing direct assistance must be counted under the HOS rules. Are livestock a covered commodity under the terms of the emergency declaration? Yes, Livestock are covered as a precursor to food. The emergency declaration covers “immediate precursor raw materials—such as paper, plastic or alcohol—that are required and to be used for the manufacture of items” including food needed for the emergency restocking of stores. Are haulers of household waste and medical waste covered under the terms of the declaration? Yes, transportation for removal of both household and medical waste is covered as “supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19.” What documentation is needed to verify that the driver is operating under the exemption? There is no specific documentation required for verification. Retention of ordinary business records, such as the bill of lading, may be useful later for the convenience of the motor carrier and driver, to document use of the exemption during a future inspection or enforcement action. Does FMCSA have preemptive authority over states that decide/attempt to close highway rest stops? No, however FMCSA is working closely with the States to ensure adequate truck parking and facilities are available.