Federal Motor Carrier
Safety Administration

May 11, 2021

AMENDED REGIONAL EMERGENCY DECLARATION
UNDER 49 CFR § 390.23
No. 2021-002

ALABAMA, ARKANSAS, DISTRICT OF COLUMBIA, DELAWARE, FLORIDA, GEORGIA, KENTUCKY, LOUISIANA, MARYLAND, MISSISSIPPI, NEW JERSEY, NEW YORK, NORTH CAROLINA, PENNSYLVANIA, SOUTH CAROLINA, TENNESSEE, TEXAS, VIRGINIA, AND WEST VIRGINIA

In accordance with the provisions of 49 CFR § 390.23, the Regional Field Administrators for the Federal Motor Carrier Safety Administration’s (FMCSA) Eastern, Southern, and Western Service Centers hereby declares that an emergency exists that warrants issuance of a Regional Emergency Declaration and an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety (FMCSRs), except as otherwise restricted in this Emergency Declaration. Such emergency is in response to the unanticipated shutdown of the Colonial pipeline system due to network issues that affect the supply of gasoline, diesel, jet fuel, and other refined petroleum products throughout the Affected States. This Declaration addresses the emergency conditions creating a need for immediate transportation of gasoline, diesel, jet fuel, and other refined petroleum products and provides necessary relief. Affected States and jurisdictions included in this Amended Emergency Declaration (“Affected States”) are: Alabama, Arkansas, District of Columbia, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, and West Virginia.

By execution of this Amended Emergency Declaration, motor carriers and drivers providing direct assistance to the emergency in the Affected States in direct support of relief efforts related to the shortages of gasoline, diesel, jet fuel, and other refined petroleum products due to the shutdown, partial shutdown, and/or manual operation of the Colonial pipeline system are granted relief from Parts 390 through 399 of Title 49 Code of Federal Regulations except as restricted herein.

This Amended Emergency Declaration provides for regulatory relief for commercial motor vehicle operations while providing direct assistance supporting emergency relief efforts transporting gasoline, diesel, jet fuel, and other refined petroleum products into the Affected States during the emergency from shortages due to the shutdown, partial shutdown, and/or manual operation of the Colonial pipeline system. Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services not in support of emergency relief efforts related to the shortages of gasoline, diesel, jet fuel, and other refined petroleum products due to the shutdown, partial shutdown, and/or manual operation of the Colonial pipeline system in the Affected States, 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 shortages of gasoline, diesel, jet fuel, and other refined petroleum products due to the shutdown, partial shutdown and/or manual operation of the Colonial pipeline system in the Affected States, 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. When a driver is moving from emergency relief efforts to normal operations a 10-hour break is required when the total time a driver operates conducting emergency relief efforts, or a combination of emergency relief and normal operation, equals 14 hours.

All other applicable safety requirements remain in place and will be enforced by the FMCSA. Specifically, nothing contained in this Amended 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 387), the hazardous material regulations (49 CFR Parts 100-180), applicable size and weight requirements, or any other portion of the regulations not specifically authorized pursuant 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 amended declaration is effective immediately and shall remain in effect until the end of the emergency (as defined in 49 CFR § 390.5) or until 11:59 P.M. (ET), June 8, 2021, whichever is earlier. FMCSA intends to continually review the status of this Emergency Declaration and may take action to modify or terminate the Emergency Declaration sooner if conditions warrant.

Taft Kelly, Regional Field Administrator
Federal Motor Carrier Safety Administration
Eastern Service Center

Darrell L. Ruban, Regional Field Administrator
Federal Motor Carrier Safety Administration
Southern Service Center

Scott G. Hernandez, Regional Field Administrator
Federal Motor Carrier Safety Administration
Western Service Center

Federal Motor Carrier
Safety Administration
May 9, 2021

REGIONAL EMERGENCY DECLARATION
UNDER 49 CFR § 390.23
No. 2021-002

ALABAMA, ARKANSAS, DISTRICT OF COLUMBIA, DELAWARE, FLORIDA, GEORGIA, KENTUCKY, LOUISIANA, MARYLAND, MISSISSIPPI, NEW JERSEY, NEW YORK, NORTH CAROLINA, PENNSYLVANIA, SOUTH CAROLINA, TENNESSEE, TEXAS, AND VIRGINIA
In accordance with the provisions of 49 CFR § 390.23, the Regional Field Administrators for the Federal Motor Carrier Safety Administration’s (FMCSA) Eastern, Southern, and Western Service Centers hereby declares that an emergency exists that warrants issuance of a Regional Emergency Declaration and an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety (FMCSRs), except as otherwise restricted in this Emergency Declaration. Such emergency is in response to the unanticipated shutdown of the Colonial pipeline system due to network issues that affect the supply of gasoline, diesel, jet fuel, and other refined petroleum products throughout the Affected States. This Declaration addresses the emergency conditions creating a need for immediate transportation of gasoline, diesel, jet fuel, and other refined petroleum products and provides necessary relief. Affected States and jurisdictions included in this Emergency Declaration (“Affected States”) are: Alabama, Arkansas, District of Columbia, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas and Virginia.

By execution of this Emergency Declaration, motor carriers and drivers providing direct assistance to the emergency in the Affected States in direct support of relief efforts related to the shortages of gasoline, diesel, jet fuel, and other refined petroleum products due to the shutdown, partial shutdown, and/or manual operation of the Colonial pipeline system are granted relief from Parts 390 through 399 of Title 49 Code of Federal Regulations except as restricted herein.

This Emergency Declaration provides for regulatory relief for commercial motor vehicle operations while providing direct assistance supporting emergency relief efforts transporting gasoline, diesel, jet fuel, and other refined petroleum products into the Affected States during the emergency from shortages due to the shutdown, partial shutdown, and/or manual operation of the Colonial pipeline system. Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services not in support of emergency relief efforts related to the shortages of gasoline, diesel, jet fuel, and other refined petroleum products due to the shutdown, partial shutdown, and/or manual operation of the Colonial pipeline system in the Affected States, 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 shortages of gasoline, diesel, jet fuel, and other refined petroleum products due to the shutdown,
partial shutdown and/or manual operation of the Colonial pipeline system in the Affected States,
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. When a driver is moving from
emergency relief efforts to normal operations a 10-hour break is required when the total time a
driver operates conducting emergency relief efforts, or a combination of emergency relief and
normal operation, equals 14 hours.

All other applicable safety requirements remain in place and will be enforced by the
FMCSA. Specifically, 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 387), the hazardous material regulations
(49 CFR Parts 100-180), applicable size and weight requirements, or any other portion of the
regulations not specifically authorized pursuant 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 end of the emergency (as defined in 49 CFR § 390.5) or until 11:59 P.M. (ET), June
8, 2021, whichever is earlier. FMCSA intends to continually review the status of this Emergency
Declaration and may take action to modify or terminate the Emergency Declaration sooner if
conditions warrant.

Taft Kelly, Regional Field Administrator
Federal Motor Carrier Safety Administration
Eastern Service Center
Darrell L. Ruban, Regional Field Administrator
Federal Motor Carrier Safety Administration
Southern Service Center
Scott G. Hernandez, Regional Field Administrator
Federal Motor Carrier Safety Administration
Western Service Center

Gov. Lee Pushes Reopening, Focus on Economic Recovery

Ends Public Health Orders and Local Mask Authority

Tuesday, April 27, 2021 | 09:25am

NASHVILLETenn. – Today, Tennessee Governor Bill Lee announced the end of statewide public health orders and signed Executive Order 80 to address economic and regulatory functions. EO 80 also ends the local authority to issue mask requirements in the 89 counties directed by the state health department.

“COVID-19 is now a managed public health issue in Tennessee and no longer a statewide public health emergency,” said Gov. Lee. “As Tennesseans continue to get vaccinated, it’s time to lift remaining local restrictions, focus on economic recovery and get back to business in Tennessee.”

EO 80 contains the following provisions and is effective through May 31, 2021:

Removing Local Mask Authority

While Tennessee has never had a statewide mask mandate, EO 80 removes the local authority for county mayors in 89 of the state’s 95 counties to require face coverings throughout their jurisdictions.

Gov. Lee has requested counties with independent health departments – Shelby, Madison, Davidson, Hamilton, Knox and Sullivan – that have remaining business restrictions or mask requirements to lift all measures no later than May 30.

Extending Deregulatory Provisions

EO 80 extends helpful deregulatory provisions to enable individuals, businesses and other organizations time to adapt their operations in anticipation of ending said provisions.

Maintaining Federal Funding

EO 80 maintains Tennessee’s access to federal funding, including SNAP benefits and cost reimbursements for the Tennessee National Guard’s testing and vaccination efforts.

In addition to EO 80, the following provisions are effective immediately:

Offering Walk-Up Vaccine Option

While the COVID-19 vaccine continues to be available to Tennesseans aged 16 and older by appointment, local health departments will now offer a walk-up option.

Retiring Optional Business Guidance

The Tennessee Pledge business guidelines issued at the start of COVID-19 have been officially retired.

###

 

Dealer contact: Ryan Self, rself@landmarktrucks.com, (865) 637-4881
Web site: www.Landmarktrucks.com

 
LANDMARK TRUCKS, LLC EARNS PRESTIGIOUS PRESIDENTIAL AWARD

Award honors top performing International® Truck dealerships in the United States and Canada

 

Knoxville, TN – January 18th, 2021 – Landmark Trucks, LLC, a local International Truck commercial
dealership, has received the prestigious International Truck Presidential Award. The Presidential Award,
introduced in 2018, honors the top eight percent of International Truck dealerships that achieve the
highest level of performance in terms of operating and financial standards, market representation, and
most importantly, customer satisfaction.

“This award is the highest honor an International dealer principal can achieve from the
company,” said Mark Belisle, senior vice president of Dealer Sales and Operations at Navistar.
“Landmark Trucks, LLC, is one of only 14 International dealerships in the United States and Canada who
earned this prestigious recognition in 2020.”

Belisle continued, “The Presidential Award also recognizes the effort and dedication of all the
dealership’s employees. A highly skilled, professional staff is a critical success factor for any commercial
truck dealership. Andrew Jablonski, President, Landmark Trucks, LLC is clearly committed to growing
his business and being recognized by customers as the dealership of choice in their market. I congratulate
everyone at Landmark Trucks, LLC for their commitment to outstanding customer service, operational
excellence and representation of the International Truck brand.”

“This award is a great honor for everyone at Landmark Trucks, LLC because it recognizes all the
hard work and professionalism we bring to customers in the East Tennessee area,” Andrew Jablonski,
President. “Everyone at Landmark Trucks, LLC is dedicated to provide an outstanding customer
experience. Our customers rely on us to keep their businesses moving and growing. For more than 42
years, our customers have been returning to Landmark Trucks, LLC because they know we deliver
quality International products and services that help drive profits to their bottom line.”

About Landmark Trucks, LLC

Landmark Trucks, LLC is a full-service International® Truck dealership serving customers in East
Tennessee. Landmark Trucks, LLC is also an Idealease affiliate. Additional information is available at
www.Landmarktrucks.com.

About Navistar

Navistar International Corporation (NYSE: NAV) is a holding company whose subsidiaries and affiliates
produce International® brand commercial and military trucks, proprietary diesel engines, and IC Bus®
brand school and commercial buses. An affiliate also provides truck and diesel engine service parts.
Another affiliate offers financing services. Additional information is available at www.Navistar.com.

* All marks are trademarks of their respective owners.

 

 

 

 

KNOXVILLE, TENNESSEE – Fraley and Schilling announces a groundbreaking ceremony on November 17th, 2020,
at 10:00 a.m. for their newest terminal building in Knoxville, TN. This terminal building will be located on
Saddlerack Street, just off I-40 exit 398, Strawberry Plains Pike.

The new Knoxville terminal building will be the largest in the company at approximately 11,600 square
feet. With the additional space, F&S will expand their footprint in the Knoxville market, bringing an
estimated 100 additional jobs to the Knoxville market over the next 5 years.

“We have been privileged to be a member of the Knoxville community since 2010. Our Knoxville office has
been the fastest growing in the company, and this additional space will enable us to further invest in the
future of many families in the Knoxville area,” said F&S President Chris Seals.

Fraley and Schilling is a trucking and logistics provider, specializing in lightweight equipment for hauling
heavy products such as tin for Bush Beans and aluminum for Arconic. Beginning in 1955, F&S has become
an industry leader in utilizing lightweight equipment to move essential goods across the United States.
Employing over 700 people nationwide, with over 250 employed in the Knoxville area, F&S continues to
grow. Fraley and Schilling was also named one of Knoxville’s Top Workplaces in 2019.

The groundbreaking will take place at 10:00 a.m. on November 17th, 2020 at 7240 Saddlerack Street
Knoxville, TN 37914.

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ATA – Safety, Security and HR National Conference

 

ATA’s Safety Management Council’s and Transportation Security Council’s Safety, Security and Human Resources National Conference (SSHR) is going to be held virtually November 30 – December 4. This is the only conference in the country that features three main educational tracks dedicated to safety, security and human resources best practices as well as valuable general sessions. Our attendees learn the latest regulatory developments and interpretations and share their perspectives with peers and advocates. Take the information learned during your participation in the SSHR conference back to your company to help plan for new trends or changes happening in the industry and to improve your operations. Learn more at https://sshr.trucking.org/

Exceptional Educational Program

Every year they prepare an outstanding program that addresses the challenges you face day-to-day and helps you to learn the latest in your profession. This year’s program will cover topics such as:

  • SMC Nuclear Verdicts Series
  • Future Safety & Security Technology
  • CBD Use, State Marijuana Legalization & Hemp Transport
  • Fraud, Fictitious Pick-ups, Pilferage and Broken Seals
  • Physical Ability Testing Legal Challenges
  • Drug & Alcohol Clearinghouse

NEW THIS YEAR – Learn How to Protect Your Company From Rising Legal Threats

This year, one of the main areas of emphasis at the Safety, Security, and Human Resources National Conference will be a nuclear verdicts series. Through the “real world” elements that we are bringing to this year’s program fleets can learn strategies they can use to protect themselves from lawsuits involving truck accidents.

The series will provide you with first-hand insights from past real-life failed legal experiences by fleets and practical steps you can take right now to avoid them. The topics to be covered during the series include:

  • Trucking in the Nuclear Age – The Nuclear Age
  • Trucking in the Nuclear Age – The Detonators
  • Trucking in the Nuclear Age – Witness Preparation
  • Trucking in the Nuclear Age – Pre Litigation
  • Trucking in the Nuclear Age – Jury Perspectives
  • Trucking in the Nuclear Age – Denuclearization by Litigation

SHRM Credits – attend and earn 5 Professional development credits in the HR Track and Credits towards your “Certified Director of Safety (CDS) and Certified Safety Supervisor (CSS)!

Be at the Forefront of Regulation – our attendees learn the latest regulatory developments and interpretations and share their perspective with other peers and advocates. Take the information learned during your participation in the SSHR conference back to your company to help plan for new trends or changes happening in the industry and to improve your operations.

Low Cost to Attend – the virtual conference registration rates are over 50% less than the cost of in-person meeting registration! When coupled with the savings from not having to travel to attend a conference, you are getting a tremendous value. Investing in your career, improving your safety & security operations and gaining crucial insight on the dynamic world of legislation and regulation has never been an easier decision to make!

HAULIN’ FOR THE HOLIDAYS
Haulin’ for the Holidays is a state-wide initiative by the Tennessee Trucking Association and its Young Professional Council to partner with TTA members and local charities to make holidays brighter for Tennessee children, teens and families. We’re thrilled to be partnering with a wide range of organizations and charities to make a real difference for Tennessee families. Click HERE to view more information. 

 

PURCHASE YOUR RAFFLE TICKETS NOW

 

2020 Raffle Tickets are now on sale! Raffle tickets are $50 each and only 1,000 will be sold! There will be two lucky winners. The first prize sponsored by Titan Transfer, Inc. will be $15,000 and the second prize sponsored by Goggin Warehousing, LLC will be $5,000.  You can either go to this link, call the TTA Office at (615) 777-2882, or email cfoster@tntrucking.org to purchase your tickets.

The drawing will be held on Thursday, December 17, 2020 at 10:00 a.m. at the TTA office in Nashville. You do not have to be present to win! We can call the lucky winners!

The sale will continue  at the TTA Annual Convention with the Road Team Captains’ ticket sales contest.  For every 10 tickets a Road Team Captain sells, they will receive one free ticket for themselves.  If you have a favorite Road Team Captain you would like to support, you can call the TTA Office at (615) 777-2882 to purchase tickets and let us know which Road Team Captain you would like to credit them to or you can purchase them during our Annual Convention and credit them to your favorite Captain. If you would like to purchase your tickets at the link above, there is a place for notes where you can enter the name of your favorite Captain if you choose to help with the contest at the bottom of the payment page. Tickets purchased will be mailed out weekly.  

(To help cover the cost of processing payments, we add a fee of 3.5% for credit cards. This fee is not more than the cost of accepting these cards.   There is no fee for debit cards.)

Raffle proceeds benefit the Tennessee Trucking Foundation’s Highway Safety Education Programs: Tennessee’s Road Team and Teens & Trucks Share the Road Training Program! The Foundation needs your help to make our 9th Annual Cash Raffle a rousing success!

Disclaimer: Tennessee Trucking Foundation Board Members and their immediate family members cannot purchase raffle tickets or win prizes!

 

 

 

Understanding the Impact of Nuclear Verdicts on the Trucking Industry

The American Transportation Research Institute recently released comprehensive research that confirms that large verdicts against trucking fleets are increasing dramatically, both in number and in size of awards. ATRI’s research is partially based on a newly created trucking litigation database that provides detailed information on 600 cases between 2006 and 2019. In the first five years of the data, there were 26 cases over $1 million, and in the last five years of the data, there were nearly 300 cases. The number of verdicts over $10 million nearly doubled in that time.
In response to arguments that nuclear verdicts reflect real-world cost increases, the research documents that from 2010 to 2018, the size of verdict awards grew 51.7 percent annually at the same time that standard inflation grew 1.7 percent annually and healthcare costs grew 2.9 percent annually.
The research also surveyed and interviewed dozens of defense and plaintiff attorneys as well as insurance and motor carrier experts, and generated a qualitative analysis for why the litigation landscape has changed, recommendations for modifying pre-trial preparations, litigation strategies and mediation approaches, and how large verdict awards impact both safety and insurance.
At 80+ pages, ATRI’s report is a data-rich analysis with important findings that motor carriers, their defense attorneys and their insurers can implement to mitigate the frequency and size of large verdicts.
Pre-Crash Actions by Motor Carriers are Critical
• Both attorney bars emphasized that crash avoidance is everything and that strictly adhering to safety and operational policies is essential to staying out of court and/or reducing award sizes.
• Almost any failure to adhere to Federal Motor Carrier Safety Regulations (FMCSRs) or company safety policies will be the focus of plaintiff arguments.
• From a litigation standpoint, motor carriers should consider FMCSRs as minimum standards that can and should be exceeded. The ability of defense attorneys to document carrier or driver safety activities that exceed FMCSRs carries great weight with juries.
Litigation Preparation is – and should be – Both Complex and Costly
• Risk Assessments must be thorough and objective. Case vulnerabilities and potential liabilities must be acknowledged, and vetted against realistic financial damage projections.
• The ultimate strategy-driving question internally posed by most plaintiff attorneys and successful defense attorneys is: “what operational, safety or training factors could have prevented the crash in the first place?”
• Experience matters. Both defense and plaintiff attorney bars noted that attorneys inexperienced in trucking litigation are harmful to all parties.
When Mediation and Settling Makes Sense
• There was general agreement that mediation and settlements are missed opportunities, particularly by the defense when they do not believe that negligence by the carrier and/or driver exists.
• If mediation and settlements are pursued, initial offers should be realistic and equitable. Multiple plaintiff attorneys describe the frustration and consequence of initial “low-ball”

 

FOR IMMEDIATE RELEASE Contact: Deanna Phelps, Vice President
931-680-3165 | DeannaPhelps@biggexpress.com

BIG G EXPRESS MORE THAN DOUBLES FUNDRAISING GOAL
WITH MOTORCYCLE RIDE BENEFITING ST. JUDE’S

June 3, 2020 (Shelbyville, Tenn.) —The fifth annual Big G Motorcycle Ride benefiting St. Jude Children’s Research Hospital was a roaring success with the Shelbyville-based carrier’s riders and supporters raising $25,000, which was $15,000 more than their goal this year.
Starting in Mt. Juliet, Tenn., kickstands went up at 9:00 a.m. Saturday, May 30, sending the 148 registered motorcycle riders approximately 75 miles to Monteagle, Tenn. where the fundraiser auction was held at Jim Oliver’s Smokehouse Restaurant.
The weather and atmosphere were ideal according to Big G Manager of Driver Recruiting and Driver Services Karla Butler who said, “Everyone should do this! Put it on your bucket list! It was very powerful – the roar of the motorcycles. Everyone came together as a family.”
Big G’s Vice President Deanna Phelps stated, “It was like a big family reunion. Everyone was relaxed and happy to support the kids at St Jude’s… absolutely wonderful day!”
All proceeds go to St. Jude Children’s Research Hospital to help it continue to lead the way in how the world understands, treats, and defeats childhood cancer and other life-threatening diseases.
Big G professional driver and fundraiser organizer Tim Chelette, was overwhelmed by the turnout and donations. “If you were there, you know you really enjoyed your ride! We had a blast. It was awesome to see you all coming in, showing up and showing out… Last year we raised $14,628, this year it was $25,000! Can you believe that?” said Chelette. “You brought your money, you brought your time, and donated to a great cause. St. Jude Children’s Hospital really does appreciate it, I do and Big G really does appreciate it. We can’t do this without you.”
Chelette stated via Facebook that the date for next year’s ride will be announced in October or November.
About Big G Express, Inc:
Founded in 1995, the Big G Express Family of Companies include Big G Express, Big G Logistics, Big G Warehousing and Ike Transportation. The company is headquartered in Shelbyville, Tenn., and is 100% employee owned. The companies provide general commodity, irregular route, dry van truck load, flatbed, logistics and warehousing services to customers nationwide.