FMCSA COVID-19 Notice of Enforcement Discretion Determination

For more details, visit the FMCSA Web Page:

https://www.fmcsa.dot.gov/emergency/notice-enforcement-discretion-determination-random-controlled-substance-and-alcohol

Nicole Gifford
Director of Drug & Alcohol
800.264.8580
Fax: 615.451.0048
This email address is being protected from spambots. You need JavaScript enabled to view it.
www.nastc.com

U.S. Secretary of Transportation Elaine L. Chao Thanks America's Truckers

Dear Member,

I want to share this thank you video from Secretary of Transportation Elaine L. Chao to the trucking workforce. During these challenging times, the men and women working in the motor carrier industry are on the frontlines performing essential work. We sincerely appreciate all that they do.

https://www.youtube.com/watch?v=gdlMLITc4wM&feature=youtu.be

President Trump Thanks Truck Drivers

Today at 1:30 p.m. ET President Trump will be hosting an event on the South Lawn to thank truck drivers for their efforts during the COVID-19 crisis. Tune in to the White House YouTube channel to view the remarks live. The link is below:

https://www.youtube.com/watch?v=ff6XHUk_Qno&feature=youtu.be

FMCSA EXTENSION AND EXPANSION OF EMERGENCY DECLARATION

The FMCSA has decided to expand the emergency declaration issued on March 13th. The link below will provide clarification on this extension and expansion:

https://www.fmcsa.dot.gov/emergency/expanded-emergency-declaration-under-49-cfr-ss-39023-no-2020-002-relating-covid-19

CARES Act Paycheck Protection Program Important Highlights

The Small Business Administration (SBA) just released details and the application form for the new $350 billion in small business loans under the Paycheck Protection Program (PPP) enacted as part of the "CARES Act."  The application window will begin on April 3rd.  

Small businesses are eligible if they also meet program size standards. It is important for companies to reference the SBA's NAICS Code set to determine the specific employee threshold to qualify.

PAYCHECK PROTECTION PROGRAM (PPP) INFORMATION SHEET:
BORROWERS

The Paycheck Protection Program ("PPP") authorizes up to $349 billion in forgivable loans to small businesses to pay their employees during the COVID-19 crisis. All loan terms will be the same for everyone. 

The loan amounts will be forgiven as long as: 

• The loan proceeds are used to cover payroll costs, and most mortgage interest, rent, and utility costs over the 8 week period after the loan is made; and 
• Employee and compensation levels are maintained. 

Payroll costs are capped at $100,000 on an annualized basis for each employee. Due to likely high subscription, it is anticipated that not more than 25% of the forgiven amount may be for non-payroll costs. 

Loan payments will be deferred for 6 months. 

When can I apply? 

• Starting April 3, 2020, small businesses and sole proprietorships can apply for and receive loans to cover their payroll and other certain expenses through existing SBA lenders. 
• Starting April 10, 2020, independent contractors and self-employed individuals can apply for and receive loans to cover their payroll and other certain expenses through existing SBA lenders. 
• Other regulated lenders will be available to make these loans as soon as they are approved and enrolled in the program. 

Where can I apply? You can apply through any existing SBA lender or through any federally insured depository institution, federally insured credit union, and Farm Credit System institution that is participating. Other regulated lenders will be available to make these loans once they are approved and enrolled in the program. You should consult with your local lender as to whether it is participating. Visit www.sba.gov for a list of SBA lenders. 

Who can apply? All businesses - including nonprofits, veterans organizations, Tribal business concerns, sole proprietorships, self-employed individuals, and independent contractors - with 500 or fewer employees can apply. Businesses in certain industries can have more than 500 employees if they meet applicable SBA employee-based size standards for those industries.

For this program, the SBA's affiliation standards are waived for small businesses (1) in the hotel and food services industries; or (2) that are franchises in the SBA's Franchise Directory; or (3) that receive financial assistance from small business investment companies licensed by the SBA. Additional guidance may be released as appropriate.

What do I need to apply? You will need to complete the Paycheck Protection Program loan application and submit the application with the required documentation to an approved lender that is available to process your application by June 30, 2020.

What other documents will I need to include in my application? You will need to provide your lender with payroll documentation. 

Do I need to first look for other funds before applying to this program? No. We are waiving the usual SBA requirement that you try to obtain some or all of the loan funds from other sources (i.e., we are waiving the Credit Elsewhere requirement). 

How long will this program last? Although the program is open until June 30, 2020, we encourage you to apply as quickly as you can because there is a funding cap and lenders need time to process your loan. 

How many loans can I take out under this program? Only one. 

What can I use these loans for? You should use the proceeds from these loans on your: 

• Payroll costs, including benefits; 
• Interest on mortgage obligations, incurred before February 15, 2020; 
• Rent, under lease agreements in force before February 15, 2020; and 
• Utilities, for which service began before February 15, 2020. 

What counts as payroll costs? Payroll costs include: 

• Salary, wages, commissions, or tips (capped at $100,000 on an annualized basis for each employee); 
• Employee benefits including costs for vacation, parental, family, medical, or sick leave; allowance for separation or dismissal; payments required for the provisions of group health care benefits including insurance premiums; and payment of any retirement benefit; 
• State and local taxes assessed on compensation; and 
• For a sole proprietor or independent contractor: wages, commissions, income, or net earnings from self-employment, capped at $100,000 on an annualized basis for each employee. 

How large can my loan be? Loans can be for up to two months of your average monthly payroll costs from the last year plus an additional 25% of that amount. That amount is subject to a $10 million cap. If you are a seasonal or new business, you will use different applicable time periods for your calculation. Payroll costs will be capped at $100,000 annualized for each employee. 

How much of my loan will be forgiven? You will owe money when your loan is due if you use the loan amount for anything other than payroll costs, mortgage interest, rent, and utilities payments over the 8 weeks after getting the loan. Due to likely high subscription, it is anticipated that not more than 25% of the forgiven amount may be for non-payroll costs. 

You will also owe money if you do not maintain your staff and payroll.

• Number of Staff: Your loan forgiveness will be reduced if you decrease your full-time employee headcount. 
• Level of Payroll: Your loan forgiveness will also be reduced if you decrease salaries and wages by more than 25% for any employee that made less than $100,000 annualized in 2019. 
• Re-Hiring: You have until June 30, 2020 to restore your full-time employment and salary levels for any changes made between February 15, 2020 and April 26, 2020.

How can I request loan forgiveness? You can submit a request to the lender that is servicing the loan. The request will include documents that verify the number of full-time equivalent employees and pay rates, as well as the payments on eligible mortgage, lease, and utility obligations. You must certify that the documents are true and that you used the forgiveness amount to keep employees and make eligible mortgage interest, rent, and utility payments. The lender must make a decision on the forgiveness within 60 days. 

What is my interest rate? 0.50% fixed rate. 

When do I need to start paying interest on my loan? All payments are deferred for 6 months; however, interest will continue to accrue over this period. 

When is my loan due? In 2 years. 

Can I pay my loan earlier than 2 years? Yes. There are no prepayment penalties or fees.

Do I need to pledge any collateral for these loans? No. No collateral is required. 

Do I need to personally guarantee this loan? No. There is no personal guarantee requirement. ***However, if the proceeds are used for fraudulent purposes, the U.S. government will pursue criminal charges against you.*** 

What do I need to certify? As part of your application, you need to certify in good faith that: 

• Current economic uncertainty makes the loan necessary to support your ongoing operations. 
• The funds will be used to retain workers and maintain payroll or to make mortgage, lease, and utility payments. 
• You have not and will not receive another loan under this program. 
• You will provide to the lender documentation that verifies the number of full-time equivalent employees on payroll and the dollar amounts of payroll costs, covered mortgage interest payments, covered rent payments, and covered utilities for the eight weeks after getting this loan. 
• Loan forgiveness will be provided for the sum of documented payroll costs, covered mortgage interest payments, covered rent payments, and covered utilities. Due to likely high subscription, it is anticipated that not more than 25% of the forgiven amount may be for non-payroll costs. 
• All the information you provided in your application and in all supporting documents and forms is true and accurate. Knowingly making a false statement to get a loan under this program is punishable by law.
• You acknowledge that the lender will calculate the eligible loan amount using the tax documents you submitted. You affirm that the tax documents are identical to those you submitted to the IRS. And you also understand, acknowledge, and agree that the lender can share the tax information with the SBA's authorized representatives, including authorized representatives of the SBA Office of Inspector General, for the purpose of compliance with SBA Loan Program Requirements and all SBA reviews.

Curbside pickup available from 11am to 9pm outside of the main east building entrance. Credit cards are the only option for payment. The link below will take you to a menu, dial 563-284-6512 to order.

https://iowa80truckstop.com/pdf/Iowa_80_Kitchen_Menu.pdf

P. J. Park
Vendor Relations, Maintenance & Credit Services Program Manager
800.264.8580
Fax: 615.451.0041

FMCSA COVID-19 Drug & Alcohol Testing Guidance

Please refer to the link below for a guidance document from the FMCSA that contains recommended actions for regulated employers unable to conduct alcohol and drug testing due to COVID-19.

https://www.fmcsa.dot.gov/emergency/fmcsa-covid-19-drug-alcohol-testing-guidance

Nicole Gifford
Director of Drug & Alcohol
800.264.8580
Fax: 615.451.0048
This email address is being protected from spambots. You need JavaScript enabled to view it.
www.nastc.com

COVID-19 Information and Resources

The COVID-19 situation is ever evolving which means some of this information may not be relevant in a few days. Visit NASTC's COVID-19 updates page for the latest information. 

Three-Month Waiver in Response to the COVID-19 Emergency
For States and CLP Holders Operating Commercial Motor Vehicles

The FMCSA has allowed a temporary waiver from certain commercial learner's permit (CLP) regulations, for example the requirement that a CPL holder must be accompanied by a CDL holder in the passenger seat when a CPL holder is operating a motor vehicle. The temporary waiver also allows states to give a driving skills test to any non-domiciled CDL applicant, regardless of where the applicant received driver training. Please take a loot at the full waiver for the terms, conditions, and restrictions:

Click here for Full Waiver 

CARES Act Signed into Law

Last week, President Trump signed a massive $2.2 trillion economic assistance package, called the CARES Act. This package will help businesses, provide direct financial assistance to Americans, and add funding for the over-worked health care system. 

Click here to Read More

CDC Statement on Self-Quarantine Guidance
for Greater New York City Transportation and Delivery Workers

The CDC issued self-quarantine guidance for the greater New York City area does not apply to critical infrastructure workers. This includes critical transportation and delivery workers who are needed for New York residents to continue their daily lives.

Click here for full statement

Dana Campbell
Vice President of Operations
800.264.8580
Fax: 615.451.9916
This email address is being protected from spambots. You need JavaScript enabled to view it.
www.nastc.com

• California
• Connecticut
• Delaware
• Illinois
• Louisiana
• Maryland
• Massachusetts
• Michigan
• New Jersey
• New York
• Ohio
• Pennsylvania
• West Virginia
• Wisconsin

Not surprisingly, basically anything that supports transportation and logistics is covered. Indeed, the list of essential workers is fair extensive and potentially open to interpretation, but among the categories not covered are non-food retail and manufacturing that is not deemed to be critical. A definition of critical manufacturing is on the website.

The situation of course is very fluid. One organization that is monitoring the situation closely is the National Association of Manufacturers. NAM's COVID-19 resources are available at https://www.nam.org/covid-19-state-resources/.

FMCSA's expanded enforcement relief covers a broader share of freight
The Federal Motor Carrier Safety Administration on March 18 issued an expanded emergency declaration that adds to the categories of goods considered to be direct assistance in relief from the impacts of the novel coronavirus (COVID-19) pandemic. (For details on the original March 13 declaration, see the Special Report distributed on March 16; unless otherwise stated, the terms of that declaration remain in place.) The expanded emergency declaration, which still expires on April 12 unless lifted earlier or extended, also offers some flexibility on enforcement relief on loads that combine routine commercial transportation and qualifying transportation. Specifically, the expanded declaration grants emergency relief from the requirements of Parts 390 through 399 for transportation to meet immediate needs for:

• Medical supplies and equipment related to the testing, diagnosis and treatment 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;
  
  
• 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);
  
  
• Fuel;
  
  
• Equipment, supplies and persons necessary to establish and manage temporary housing, quarantine , and isolation facilities related to COVID-19;
  
  
• Persons designated by Federal, State or local authorities for medical, isolation, or quarantine purposes and;
  
  
• Persons necessary to provide other medical or emergency services, the supply of which may be affected by the COVID-19 response.
  
  

Another gray area could be what constitutes an "immediate precursor raw material." We do know from a frequently asked question (FAQ) page related to the emergency declaration is that livestock counts because it is a precursor to food. Carriers may never receive definitive answers on how to interpret the scope of the relief, so they might have to rely on their best judgment and be prepared to justify those decisions to inspectors or auditors.

Resources:

• Expanded FMCSA emergency declaration (March 18, 2020): https://www.fmcsa.dot.gov/emergency/expanded-emergency-declaration-under-49-cfr-ss-39023-no-2020-002
  
  
• FAQs on current national emergency (March 19, 2020): https://www.fmcsa.dot.gov/emergency/frequently-asked-questions-related-fmcsa-emergency-declaration-03192020
  
  
• General FMCSA FAQs on emergency declarations: https://www.fmcsa.dot.gov/emergency/general-emergency-faqs
  
  
• Original FMCSA emergency declaration: https://www.fmcsa.dot.gov/emergency/emergency-declaration-under-49-cfr-ss-39023-no-2020-002
  
  

Dear Member,

The President has declared a National Emergency due to the Coronavirus Disease 2019 (COVID19) outbreaks. In response to this the FMCSA is allowing exemptions on certain regulations until the termination of the emergency or 11 :59 P.M. (ET) on April 12, 2020, whichever comes sooner. Below you will find two links from the FMCSA website that go into more detail on this subject:

Click here to go directly to an Article from the FMCSA Website

Click here to go directly to the FMCSA National Emergency Declaration Letter

David Owen
President
800.264.8580
Fax: 615.451.9916
This email address is being protected from spambots. You need JavaScript enabled to view it.
www.nastc.com

DOT Guidance on Drug/Alcohol Testing Compliance During COVID-19 Crisis

Please see the below link that provides DOT Guidance on Compliance with DOT Drug and Alcohol Testing Regulations in regards to the COVID-19 virus.

https://www.transportation.gov/odapc/compliance-with-dot-drug-and-alcohol-testing-regulations

If you have any questions please feel free to reach out to me.

Nicole Gifford
Director of Drug & Alcohol
800.264.8580
Fax: 615.451.0048
This email address is being protected from spambots. You need JavaScript enabled to view it.
www.nastc.com

Dear NASTC Insurance Services Client,

NASTC and NASTC Insurance Services will be working remotely due to current events of COVID-19:

All of our NASTC Insurance Services clients have access to our CSR 24 - Certificate system to process requested Certificates of Insurance on a daily basis, over the weekend or on Holidays.

In order to better serve you, please contact us to obtain your USER NAME

Contact us with any questions. Department email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Go to: https://portal.csr24.com/mvc/2648580

USERNAME: User Name

PASSWORD: nastc

Click "Managing Certificate". • Issue a Certificate of Insurance/Proof of Insurance Click on the "DATE" of the Certificate: • "2019-2020" Certificate • "2020-2021" Certificate Click "Add Holder", enter the broker/carrier information and "Submit" in bottom corner to send.

To our valued fleet partners:

This is truly an unprecedented time for the nation and I want to let you know that we at TravelCenters of America are focused on doing all that we can to ensure the continuity of our business operations for you and your professional drivers. Our top priorities are the health and well-being of our employees, our customers and the general public.

Specifically, we are doing the following:

· Working with NATSO as well as our two primary competitors to ensure our travel centers are considered "Essential Services" under various state laws, so that they are not closed. Of course we recognize that your fleet and drivers are moving critical goods to consumers to help them stay healthy, comfortable and fed, which makes our centers "essential services".

·To the fullest extent possible we are keeping quick serve and full service restaurants open. In cases where we are forced to close them, we are ensuring take out options remain.

·Showers and bathroom facilities will remain open, subject to state law limitations.

·Convenience store facilities will remain open, subject to state law limitations.

·TV lounges and fitness facilities will be closed.

·Truck parking and reserve It, reserved parking for our loyal fleet customers, will remain in effect.

· We are maintaining appropriate and enhanced cleaning protocols with the best-in-class chemicals to ensure the safety of our customers, drivers and employees.

We feel an important obligation not just to you and your drivers, but to this Country to help make sure we continue to play a role in ensuring essentials make it to our fellow citizens. We feel proud, patriotic and humble.

In this fast-evolving situation, we have a highly-trained emergency response team closely monitoring updates by the minute and we will continue to operate under guidance from the Centers for Disease Control and the World Health Organization.

We've created a webpage for our customers to get daily status updates on our operations. Please visit:

https://www.ta-petro.com/newsroom/covid-19-response

This link contains the latest information on our COVID-19 response, including precautionary measures we are taking for the health and safety of everyone.

Thank you for your continuing support and let us know how we can be helpful.

Sincerely,
Jon Pertchik
CEO, TravelCenters of America

https://www.ta-petro.com/newsroom/covid-19-response

(UPDATED: 3.17.2020)

COVID-19 Response
We are open and ready to serve you.

Click here for a direct link to TA/PETRO's response on their website

We at TA and Petro Stopping Centers are doing the best we possibly can to continue to serve you as the COVID-19 situation evolves. Thank you for your patience and support as we navigate through COVID-19 together. Our operational directives are made relying on guidance from the Centers for Disease Control and the World Health Organization.

The following are our best current updates regarding our services and amenities:
• All fuel lanes are open.
• Our showers are open and you can still reserve showers through the app. Our employees continue to use the highest-quality chemicals when cleaning each shower.
• We are following individual state mandates regarding closures of full-service restaurant dining. Some states are implementing 50% occupancy caps while others are mandating full dining room closures. Updates by state can be found below. The buffets and soup and salad bars in our Iron Skillets and Country Prides are closed, as are some of our dining rooms. Currently, carry-out at all restaurants is still available. You may order online from Iron Skillet ahead of time. Depending on the applicable government mandate, we may have to bring the food out to you. Specific information will be available at the travel center.
• Our quick-service restaurants are open. However, you will not be permitted to eat in the dining areas due to mandates as stated above. Depending on the applicable government mandate, we may have to bring the food out to you. Specific information will be available at the travel center.
• We are increasing our cleaning frequency and continue to use best-in-class, food-safe cleaners to disinfect and sanitize common touch points within the restaurants and travel centers. These include showers, restrooms, registers, door knobs, tables, menus, chairs, booths, counters, and all dishes, utensils and cooking surfaces.
• We have closed our Fitness Centers and Driver Lounges until further notice.
• For customers that usually use a TA/Petro refillable mug, we ask that you discontinue their use at this time. Please use a disposable cup; you will still qualify for the refill price: just tell the cashier that you participate in the refillable mug program.
• Our employees have been advised to take care of themselves and be aware of best practices for preventive safety measures. This includes frequent hand washing and staying home when feeling ill. Thank you for continuing to allow us to serve you as we navigate through this unprecedented time together. The decisions we make are with your health and safety at top of mind. We will continue to provide updates on our COVID-19 response page.

Thank you for your continued service - we appreciate all you do to keep our economy moving.

Restaurant Regulations by State (last updated 3/17 at 2:30 p.m.)

*Please note that Dunkin' and Baskin-Robbins restaurants will only be doing to-go orders. There will be no dine-in options at these locations.