Function by function
Each of the eleven functions of a typical employer in this industry was reached in every quarter by orders limiting commerce, travel or group meetings, and the modification each order compelled (closure; capacity; hours; the workplace infection-prevention and exposure-control requirements of screening, distancing and face coverings; appointment-only operation; quarantine of staff; refusal of passengers; suspension of a route or product) is stated below from the instruments, quarter by quarter, with the determination for each function in the statute's words. The Notice's own rules make each modification a partial suspension: a closure for certain purposes (Q&A-15), a compelled modification with more than a nominal effect (Q&A-17), reduced hours (Q&A-19), a suspension in some locations of a multi-location employer (Q&A-20), and a suspension for part of a quarter (Q&A-22).91
CH. Charter, tour and group service
The instruments by quarter
2020 Q2: the gathering bans and caps of every State but South Dakota; the school closures of every State; the stay-at-home orders of forty-two States and territories, the District among them; the casino and convention-center closures (Ex. NV-016; Ex. SEC-06-026; Chicago's McCormick Place under EO 2020-10 and the Restore Illinois phase orders, Ex. IL-005 chain, Ex. MET-CHI-001, the Authority's notices, Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-026 and Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-027, as the record of the closure; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-033; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-054); Savannah's order that "all sightseeing, guided and/or narrated tours shall cease" (Ex. MET-ATL-008); the traveler quarantines of at least twenty-one States; the land-border exclusion of "tourism purposes" (Ex. FED-216; Ex. FED-239). 2020 Q3: gathering caps of ten to fifty in most States; the quarantine regimes of New York, Connecticut, New Mexico, Massachusetts, Hawaii, Alaska, Vermont, Maine, Kansas, Chicago and the District (Ex. NY-006; Ex. CT-023; Ex. NM-024; Ex. MA-025; Ex. SEC-06-017; Ex. HI-003; Ex. AK-012; Ex. VT-024; Ex. ME-026; Ex. KS-054; Ex. MET-CHI-019; Ex. DC-081); the conveyance face-covering orders of thirty States, exposure controls placed on the ride and its operator (Ex. CO-031; Ex. IN-035; Ex. MN-027; Ex. WI-009; Ex. OH-030); casinos at fifteen to fifty percent. 2020 Q4: re-tightened caps in thirty States; the Northeast quarantine regimes (Ex. PA-021; Ex. NH-059; Ex. VT-080; Ex. CT-034; Ex. MD-023); curfews (Ex. OH-039; Ex. NC-023; Ex. VA-016); winter sports suspensions (Ex. PA-028; Ex. ND-062). 2021 Q1: the federal conveyance order and TSA directive from February 1 (Ex. FED-020; Ex. FED-050); caps in thirty States; the quarantine regimes to their repeal dates (Ex. CT-037; Ex. PA-032; Ex. NH-060). 2021 Q2: the federal order as renewed May 12 (Ex. FED-051); caps to their end dates (Ex. CA-027; Ex. NY-057; Ex. IL-037; Ex. WA-072); Hawaii and Kansas (Ex. HI-021; Ex. KS-057). 2021 Q3: the federal order and SD 1582/84-21-01A and -01B (Ex. FED-020; Ex. FED-051; Ex. FED-052); the land borders (Ex. FED-232 chain); Hawaii's caps and quarantine (Ex. HI-023; Ex. HI-024; Ex. HI-025); Kansas (Ex. KS-057); the vaccination-proof venue orders (Ex. MET-NYC-017; Ex. MET-SFO-011; Ex. MET-MSY-029; Ex. MET-HNL-035; Ex. MET-PDX-017; Ex. MET-LA-056); Nevada's Directives 047, 048 and 050 and Gaming Control Board Industry Notice 2021-71 (Ex. NV-041; Ex. NV-042; Ex. NV-044; Ex. NV-051); the 2021-22 school-trip rules (Ex. IL-040; Ex. NJ-055; Ex. OR-045).
The modification compelled
Cancellation of the trip (the gathering banned, the school closed, the venue closed); capacity and distancing on the coach and at the venue; the passenger quarantine that made the interstate tour a quarantine; refusal of the unmasked passenger and disembarkation en route by federal command; proof of vaccination as a condition of the destination.
The operation of the charter, tour and group-service function was partially suspended in each of the six quarters from the second quarter of 2020 through the third quarter of 2021 because of the gathering, school-closure, stay-at-home, venue-closure, traveler-quarantine, border, conveyance exposure-control and vaccination-proof orders inventoried above.
SB. School and contract routes
The instruments by quarter
2020 Q2: the school closure orders of every State and the District (the fifty States, above) and the payment instruments that presuppose the idled route (Ex. SEC-21-010; Ex. SEC-21-011; Ex. SEC-21-012; Ex. OK-013); the bar on summer programs (Ex. CT-018; Ex. MA-004; Ex. MA-011; Ex. MA-014). 2020 Q3: the remote and hybrid orders and frameworks for fall 2020 (Ex. CA-017 chain; Ex. IL-020; Ex. NY-122; Ex. WA-045; Ex. NM-028; Ex. DE-029; Ex. KY-037 chain; Ex. DC-005); the bus capacity and face-covering rules, the infection-prevention conditions on every route that ran (Ex. LA-072; Ex. IN-035; Ex. UT-019; Ex. SC-057; Ex. MN-027; Ex. NV-033 chain). 2020 Q4: the winter remote orders (Ex. MI-059; Ex. MI-060; Ex. MI-062; Ex. MI-063; Ex. KY-034; Ex. NM-037 chain); the school face-covering orders of most States (Ex. OH-032; Ex. AZ-042; Ex. MT-018; Ex. KS-033). 2021 Q1: the federal conveyance order on every school bus (Ex. FED-020); the hybrid-to-in-person orders (Ex. NV-033; Ex. NH-034; Ex. OR-043 chain; Ex. AZ-035; Ex. WV-055); school face-covering rules statewide in most States. 2021 Q2: the federal order; the school face-covering and bus rules to the end of the 2020-21 year (Ex. UT-044; Ex. TX-031; Ex. LA-032; Ex. IN-035 chain; Ex. DE-037). 2021 Q3: the federal order; the 2021-22 school face-covering orders (Ex. IL-040; Ex. OR-045; Ex. WA-075; Ex. CA-034; Ex. NJ-055; Ex. KY-052; Ex. LA-036; Ex. AGY-ST-EDUCATION-HIGHER-ED-029; Ex. DE-044; Ex. CT-052; Ex. MA-071; Ex. PA-042); the quarantine and exclusion rules (Ex. TX-036; Ex. FL-032; Ex. AR-080; Ex. SC-062; Ex. IN-092; Ex. NC-072; Ohio's local health department orders under the ODH guidance, Ex. OH-084, context); the driver-testing and vaccination orders (Ex. NY-072; Ex. NY-075; Ex. CA-033; Ex. WA-079; Ex. OR-052; Ex. IL-042; Ex. NM-068; Ex. NJ-057; Ex. CT-054); Rhode Island's Student Transportation Order (Ex. RI-057; Ex. RI-064).
The modification compelled
The route idled (2020 Q2); the roster halved or removed by remote and hybrid orders (2020 Q3 through 2021 Q2); the bus capped and masked; the driver made an enforcer of a federal order; the exposed child and the exposed driver excluded; the driver's continued employment conditioned on vaccination or weekly testing (2021 Q3); the vehicle-type statute suspended because the routes could not be staffed (2021 Q3).
The operation of the school and contract-route function was partially suspended in each of the six quarters because of the school closure, remote-instruction, bus-capacity, bus face-covering, federal conveyance, quarantine, exclusion and driver-testing orders inventoried above; in the second quarter of 2020 the suspension was complete for every home-to-school route in the country.
LM. Limousine, taxi, shuttle and airport service
The instruments by quarter
2020 Q2: the stay-at-home orders; the pooled-ride ban (Ex. MET-NYC-004); the for-hire and transit face-covering and capacity orders, the exposure controls placed on the ride (Ex. NY-018; Ex. NJ-013; Ex. CT-016; Ex. DC-007; Ex. DE-017; Ex. MD-008; Ex. VT-017; Ex. MA-016; Ex. VA-012); the DOT minimum-service order (Ex. AGY-AVIATION-SURFACE-028); the proclamations, funneling and visa suspension (Ex. FED-200; Ex. FED-202; Ex. FED-203; Ex. ECO-A-117; Ex. FED-327); the No Sail Order (Ex. FED-027). 2020 Q3: the face-covering orders of thirty States naming taxis and ride-shares (Ex. CO-031; Ex. IN-035; Ex. OH-030; Ex. WI-009; Ex. CA-016; Ex. MN-027; Ex. OR-025; Ex. WA-037; Ex. NC-013); the quarantine regimes on the arriving fare; the DOT order to September 30. 2020 Q4: the curfews; the Conditional Sailing Order (Ex. FED-031); the Northeast quarantine regimes; the face-covering orders of thirty-three States. 2021 Q1: the federal conveyance order and TSA directives (Ex. FED-020; Ex. FED-050); the testing order and Proclamation 10143 (Ex. FED-042; Ex. FED-207); DOT Order 2021-1-5 (Ex. AGY-AVIATION-SURFACE-033). 2021 Q2: the federal order as renewed (Ex. FED-051); DOT Order 2021-4-13 from May 14 (Ex. AGY-AVIATION-SURFACE-035); Proclamation 10199 (Ex. FED-208); the State transit and for-hire retentions (Ex. CA-029; Ex. KY-049; Ex. NJ-050; Ex. IL-037). 2021 Q3: the federal order and directives (Ex. FED-020; Ex. FED-051; Ex. FED-052); DOT Order 2021-4-13 to September 30; the proclamations and testing order; the Conditional Sailing Order; the State retentions (Ex. WA-070; Ex. WA-078; Ex. NC-030; Ex. LA-034 to Ex. LA-040; Ex. RI-044; MDOT MTA's notice, Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-005, context); Columbus's ordinance (Ex. MET-CMH-050); San Antonio's addendum (Ex. MET-SAT-068).
The modification compelled
The fare removed from the street; the shared ride banned; the vehicle capped; the passenger and driver masked and the unmasked refused; the airport queue fixed by the airline network the DOT ordered and the border the proclamations closed; the cruise transfer removed for fifteen months and restored ship by ship.
The operation of the limousine, taxi, shuttle and airport-service function was partially suspended in each of the six quarters because of the stay-at-home, pooled-ride, capacity, face-covering, conveyance, airline-network, entry, testing and cruise orders inventoried above.
AV. Air charter, fixed-base operations and flight training
The instruments by quarter
2020 Q2: SFAR 118 (Ex. AGY-AVIATION-SURFACE-001); Exemption 18509A (Ex. AGY-AVIATION-SURFACE-017); DOT Order 2020-4-2 (Ex. AGY-AVIATION-SURFACE-028); the slot waivers (Ex. AGY-AVIATION-SURFACE-005 chain); the proclamations and funneling; the stay-at-home orders on students and passengers; the airport face-covering rules of Seattle and Orlando from May 18 and June 17, 2020 (Ex. AGY-AVIATION-SURFACE-047; Ex. AGY-AVIATION-SURFACE-084). 2020 Q3: SFAR 118-1 (Ex. AGY-AVIATION-SURFACE-002); the DOT order; the Exemption extensions (Ex. AGY-AVIATION-SURFACE-019; Ex. AGY-AVIATION-SURFACE-024). 2020 Q4: SFAR 118-2 (Ex. AGY-AVIATION-SURFACE-004); the proclamations. 2021 Q1: the conveyance order, SD 1544-21-02 and SD 1542-21-01 (Ex. FED-020; Ex. FED-053; Ex. FED-054); the testing order (Ex. FED-042); Proclamation 10143 (Ex. FED-207); DOT Order 2021-1-5 (Ex. AGY-AVIATION-SURFACE-033); SFAR 118-2 to April 30. 2021 Q2: the aviation directives as ratified and renewed (Ex. FED-056; Ex. FED-051 chain); DOT Order 2021-4-13 (Ex. AGY-AVIATION-SURFACE-035); Proclamation 10199 (Ex. FED-208); the Summer 2021 slot relief (Ex. AGY-AVIATION-SURFACE-009). 2021 Q3: the same, with the "-B" directives from September 14 (Ex. FED-052 chain), the September 16 slot proposal (Ex. AGY-AVIATION-SURFACE-010), the DOT contractor directive (Ex. AGY-AVIATION-SURFACE-040) and the land borders (Ex. FED-232 chain).
The modification compelled
The airmen's medical, checking and training cycles run on regulatory extensions because they could not be completed; the airline network fixed by order; every passenger masked and the unmasked refused at the terminal and aboard; every inbound charter passenger tested and every passenger from thirty-three countries barred; the airport's 22,000 badged employees placed under the airport authority's occupational-health control of face coverings.
The operation of the air-charter, fixed-base and flight-training function was partially suspended in each of the six quarters because of the SFAR 118 series, the exemptions, the DOT network orders, the entry proclamations, the testing order, the conveyance order and the aviation security directives inventoried above.
FR. Ferries and water passenger service
The instruments by quarter
2020 Q2: the Hyde County declaration, as recorded in NCDOT's release, and NCDOT's Ocracoke season cancellation (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-047; Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-050, the operator's records); the Cape May-Lewes foot-passenger suspension from March 16, 2020 under the Delaware State of Emergency (Declaration of March 12, 2020, Ex. DE-001, as modified by Ex. DE-002 and Ex. DE-003; the travel prohibition from March 24, 2020, Ex. DE-006) (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-076); Washington State Ferries' Canadian route and Puget Sound reductions under the border notices and Stay Home (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-019; Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-021; Ex. WA-016); Alaska's Mandates 010 and 012 at the terminals (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-080; Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-082); the Staten Island Ferry's hourly schedule under PAUSE (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-069; Ex. NY-002); the Connecticut River ferries closed to June 20 (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-039); the Captain of the Port restrictions under 33 C.F.R. § 160.216 and 46 U.S.C. § 70034 and the examination-center closure under 46 U.S.C. § 7507 that the Coast Guard's MSIB 02-20 Changes 3 to 5 and MSIB 08-20 record (Ex. AGY-USCG-PORTS-006; Ex. AGY-USCG-PORTS-020; Ex. AGY-USCG-PORTS-022; Ex. AGY-USCG-PORTS-008); the GRAND PRINCESS zone (Ex. AGY-USCG-PORTS-009); the No Sail Order (Ex. FED-027). 2020 Q3: the transit face-covering orders on ferries (Ex. NY-018; Ex. VT-017; Ex. WA-037); the border notices; the credential extensions the Coast Guard's Change 4 of MSIB 08-20 records (Ex. AGY-USCG-PORTS-027). 2020 Q4: the Conditional Sailing Order (Ex. FED-031); Washington's essential-trips request under the November 16 restrictions (Ex. WA-047; Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-024); the Coast Guard's credential extensions under 46 U.S.C. § 7507, recorded in Ex. AGY-USCG-PORTS-028. 2021 Q1: the conveyance order on "ferries, ships" (Ex. FED-020) as enforced at every port and on every commercial vessel, recorded in the Coast Guard's MSIB 02-21 and Change 1 (Ex. AGY-USCG-PORTS-031; Ex. AGY-USCG-PORTS-033). 2021 Q2: the conveyance order as enforced at every port, recorded in MSIB 02-21 Change 2 (Ex. AGY-USCG-PORTS-037), with MSIB 02-20 Change 7 and MSIB 13-20 Change 3 as the Coast Guard's record of the vessel and TWIC regimes (Ex. AGY-USCG-PORTS-035; Ex. AGY-USCG-PORTS-034); the border notices. 2021 Q3: the conveyance order as enforced at every port, recorded in MSIB 02-21 Changes 2 and 3 (Ex. AGY-USCG-PORTS-037; Ex. AGY-USCG-PORTS-038); the border notices (Ex. FED-232 chain); the Hatteras-Ocracoke reduction of September 3, 2021 (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-054, the operator's record of the federal order it enforced); Hawaii's EO 21-07 on Harbors Division facilities (Ex. HI-027); Juneau's ordinance (Ex. AK-041; Ex. AK-095; Ex. AK-096).
The modification compelled
The destination closed to the visitor; the route closed by the border; the foot passenger suspended; the sailings halved; the boarding passenger screened and quarantined; every passenger and crew member masked by federal law restated at every port; the mariner's credential extended because the examination centers were closed.
The operation of the ferry and water-passenger function was partially suspended in each of the six quarters because of the local emergency declarations, State stay-at-home and travel orders, land-border notifications, Coast Guard instruments, No Sail and Conditional Sailing Orders and conveyance order inventoried above.
TA. Travel agencies and tour operators
The instruments by quarter
2020 Q2: the No Sail Order (Ex. FED-027; Ex. FED-028); the proclamations (Ex. FED-200; Ex. FED-201; Ex. FED-202; Ex. FED-203); the land borders (Ex. FED-216; Ex. FED-239); the visa suspension (Ex. FED-327); the traveler quarantines of at least twenty-one States (the second quarter of 2020, above, and the exhibits cited there); the stay-at-home orders; the lodging suspensions (Ex. VT-012; Ex. SEC-06-044; Ex. GA-014; Ex. SC-012). 2020 Q3: the No Sail extensions (Ex. FED-029; Ex. FED-030); the quarantine regimes of eleven jurisdictions; the border renewals. 2020 Q4: the Conditional Sailing Order (Ex. FED-031); the Northeast quarantine regimes; Proclamation 10131 (Ex. FED-213). 2021 Q1: Proclamation 10143 (Ex. FED-207); the testing order (Ex. FED-042); the conveyance order; the quarantine regimes to their repeal. 2021 Q2: Proclamation 10199 (Ex. FED-208); the Conditional Sailing Order's technical instructions (Ex. FED-032); Hawaii's Safe Travels (Ex. HI-021; Ex. HI-023); Kansas (Ex. KS-057). 2021 Q3: the Conditional Sailing Order to November 1 (Ex. FED-031; the post-period extension of October 25, 2021, Ex. FED-033, reciting the November 1 expiry); the proclamations to November 8 (Ex. FED-209); the borders (Ex. FED-232 to Ex. FED-235); the testing order; Hawaii (Ex. HI-023; Ex. HI-024; Ex. HI-031); Kansas (Ex. KS-057); the venue vaccination-proof orders (Ex. MET-NYC-017; Ex. MET-SFO-011; Ex. MET-MSY-029; Ex. MET-HNL-035); the European Union's removal of the United States on August 30, 2021 as context (Ex. FOR-014).
The modification compelled
The cruise product removed from March 14, 2020 and restored ship by ship from late June 2021 under conditions; the foreign and inbound products removed by proclamation and border notice through November 8, 2021; the domestic destination made a quarantine in twenty-six States and the District at various dates and in Hawaii and Kansas throughout; the corporate traveler removed by telework and travel directives; the group product conditioned on vaccination proof at the destination.
The operation of the travel-agency and tour-operator function was partially suspended in each of the six quarters because of the No Sail and Conditional Sailing Orders, the entry proclamations, the land-border notifications, the testing order, the traveler quarantines, Hawaii's and Kansas's mandates and the venue orders inventoried above.
MT. Fleet maintenance, yards, garages and terminals
The instruments by quarter
2020 Q2: the closure and stay-at-home orders on non-essential workplaces and the conditions on essential ones (the fifty States, above); the motor-vehicle office closures on registration and inspection (Ex. NY-002; Ex. AGY-ST-DMV-SOS-RECORDERS-018; Ex. AGY-ST-DMV-SOS-RECORDERS-019); the inspection and registration suspensions (Ex. WV-007; Ex. TX-069; Ex. MI-038); the manufacturing closures on parts and vehicles (Ex. MI-011; Ex. IN-006; Ex. PA-004; Ex. NJ-004); the cashless toll conversions ordered under the Governors' emergency orders (the Pennsylvania Turnpike Commission's suspension, Ex. AGY-AVIATION-SURFACE-051; the authorities' notices, Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-104, context, as the record). 2020 Q3 and Q4: the employer infection-prevention and exposure-control orders (face coverings, screening and distancing) of every reopening State; Cal/OSHA's ETS from November 30, 2020 (Ex. CA-023). 2021 Q1 and Q2: Virginia's DOLI standard from January 27, 2021 (Ex. VA-037); Oregon OSHA's rule from May 4, 2021 (Ex. OR-041); the Cal/OSHA readoption June 17, 2021 (Ex. CA-024). 2021 Q3: the same standards (Ex. CA-024; Ex. OR-044; Ex. VA-038); the reinstated indoor face-covering orders (the third quarter of 2021, B-16); West Virginia's inspection suspension to October 1, 2021 (Ex. WV-007; Ex. WV-067, EO 23-21, issued July 20, 2021, terminating the suspension effective October 1, 2021); the notary and regulatory suspensions (Ex. AGY-ST-DMV-SOS-RECORDERS-044; Ex. PA-040).
The modification compelled
The yard as a workplace under closure, occupancy, face-covering and distancing rules; the compliance calendar run through closed offices and suspended deadlines; the parts supply constrained by other-State plant closures.
The operation of the maintenance, yard and terminal function was partially suspended in each of the six quarters because of the workplace, motor-vehicle office, inspection, manufacturing and occupational-safety orders inventoried above.
HR. Hiring, screening, training and credentialing
The instruments by quarter
2020 Q2: the motor-vehicle office closures and cancelled skills tests in at least twenty States and the District (the motor-vehicle agencies, above); the Coast Guard's examination-center closure announced in MSIB 08-20 (Ex. AGY-USCG-PORTS-008) and continued by its successive Changes through Change 5 (Ex. AGY-USCG-PORTS-028); SFAR 118 (Ex. AGY-AVIATION-SURFACE-001); Executive Order N-40-20 ¶ 13 (Ex. AGY-ST-DMV-SOS-RECORDERS-076); Nevada's Directive 004 (Ex. NV-006); Maine's EO 18 § A (Ex. ME-006); Tennessee's EO 15 and the Driver Services Centers' suspension of tests to May 18 it produced (Ex. AGY-ST-DMV-SOS-RECORDERS-005; the agency's notice, Ex. AGY-ST-DMV-SOS-RECORDERS-022, as the record); South Carolina's road-test suspension under EO 2020-09 (the agency's notice, Ex. AGY-ST-DMV-SOS-RECORDERS-024, as the record); the FMCSA waiver as recited by the States (Ex. AGY-ST-DMV-SOS-RECORDERS-021). 2020 Q3: the appointment regimes and extensions (Ex. AGY-ST-DMV-SOS-RECORDERS-003; Ex. AGY-ST-DMV-SOS-RECORDERS-009; Ex. AGY-ST-DMV-SOS-RECORDERS-027; Ex. AGY-ST-DMV-SOS-RECORDERS-030; Ex. MI-038; Ex. FL-090); SFAR 118-1; the Coast Guard's Change 4 (Ex. AGY-USCG-PORTS-027). 2020 Q4: Illinois's second closure (Ex. IL-056; Ex. IL-057; Ex. IL-058); California's behind-the-wheel suspension (Ex. AGY-ST-DMV-SOS-RECORDERS-016); SFAR 118-2; the Coast Guard's Change 5 (Ex. AGY-USCG-PORTS-028); the FMCSA notice on skills-testing delays (Ex. SEC-11-061). 2021 Q1: SFAR 118-2 to April 30; New York's county offices appointment-only (Ex. NY-054); Oklahoma's EO 2021-05 on CDL testing delays (Ex. OK-036; Ex. OK-038); Wisconsin's Milwaukee center closed to April 5 (Ex. AGY-ST-DMV-SOS-RECORDERS-011). 2021 Q2: the appointment regimes of New York, the District, Oregon and Massachusetts (Ex. NY-054; Ex. DC-082; Ex. OR-057; the Massachusetts RMV orders described by category); the FMCSA waiver as recited to August 31. 2021 Q3: California's commercial-credential extensions to November 30, 2021 under the FMCSA waiver chain as the DMV implemented it (the waiver of August 2021 to November 30, 2021, described by category; its text is not held in the Library), recorded in the DMV's release of September 2, 2021, Ex. AGY-ST-DMV-SOS-RECORDERS-017, cited as the agency's record; the District's appointment regime to July 19-20 (Ex. DC-082); the Coast Guard's credential extensions to October 31 (recorded in Ex. AGY-USCG-PORTS-028); New York's bus-driver testing (Ex. NY-075); the seven States' vaccination-or-testing orders (the third quarter of 2021, B-13); Georgia's DDS examiner suspensions (Ex. GA-042; Ex. GA-061).
The modification compelled
The commercial license, permit, medical certificate, mariner credential and airman certificate untestable and unrenewable at the closed office and run on emergency extensions; the new driver unhireable for want of a skills test; the credential of a new kind (vaccination or weekly testing) added to every school-route driver's employment in the largest States in the third quarter of 2021.
The operation of the hiring, training and credentialing function was partially suspended in each of the six quarters because of the motor-vehicle office closures and appointment orders, the FMCSA waiver as implemented by the States, the Coast Guard's examination-center closures and extensions, the SFAR 118 series and the 2021 driver-testing and vaccination orders inventoried above.
OP. Office, dispatch, sales and administration
The instruments by quarter
2020 Q2: the stay-at-home and telework orders of forty-two States and territories, the District among them, and the federal telework directives (Ex. FED-264; Ex. FED-268); the DOT drug-and-alcohol enforcement statement recording the collection-site constraint (Ex. AGY-AVIATION-SURFACE-045). 2020 Q3 and Q4: the reopening orders' occupancy caps and telework directions (Ex. NJ-004 chain; Ex. PA-020; Ex. OR-025; Ex. CA-017 chain); the federal offices under M-20-23 (Ex. FED-268). 2021 Q1 and Q2: the State workplace standards; M-21-15 (Ex. FED-270) and the June 10, 2021 lifting of the federal occupancy cap (Ex. FED-271); New Jersey's telework mandate to June 4, 2021 (Ex. NJ-051). 2021 Q3: the reinstated indoor face-covering orders (the third quarter of 2021, B-16); the Department of Transportation's enforcement statement to December 31, 2021 (Ex. AGY-AVIATION-SURFACE-046, the agency's statement, cited as context, not as an order); the emergency declarations and the continuing State workplace standards (the third quarter of 2021, B-17).
The modification compelled
The office closed to the public and moved to telework; reopened at capped occupancy; placed under the reinstated airborne-transmission controls (indoor face coverings, with the business's duty to enforce them at the door) in August 2021 in the listed jurisdictions; the testing program run through suspended in-person requirements.
The operation of the office, dispatch and administrative function was partially suspended in each of the six quarters because of the stay-at-home, telework, occupancy, workplace-standard and indoor face-covering orders inventoried above.
WF. Workforce availability
The instruments by quarter
2020 Q2 through Q4: the FFCRA leave mandate (Ex. FED-170; Ex. FED-171; Ex. FED-172); the school and child-care closure orders of every State; the quarantine and isolation orders of every State health department; Michigan's 2020 PA 238 (Ex. MI-057); Tennessee's EO 22 ¶ 5 (employers "shall not require or allow" known positives to work). 2021 Q1 and Q2: the conveyance order's exposure controls on every transit commute (Ex. FED-020); the remote and hybrid school orders to their ends; Pennsylvania's exposed-employee exclusion to May 31, 2021 (Ex. PA-022 chain); the State workplace standards' quarantine-leave provisions (Ex. OR-041; Ex. CA-023). 2021 Q3: the school face-covering and quarantine orders on the workforce's children (the third quarter of 2021, B-14); the quarantine orders on exposed workers (Ex. RI-036; Ex. IN-092; Ex. KS-057; Ex. MET-SAN-024; Ex. WI-039; Ohio's local health department orders under the ODH guidance, Ex. OH-084, context); the driver-testing and vaccination orders (B-12 and B-13); the reinstated indoor face-covering orders (B-16).
The modification compelled
The parent removed from the shift by the closed school or child-care center; the exposed worker removed for ten to fourteen days; the positive worker excluded by statute; paid leave mandated; the driver masked on the commute and at work; the driver tested weekly or vaccinated as a condition of the route.
The operation of the workforce function was partially suspended in each of the six quarters because of the FFCRA mandate, the school and child-care orders, the quarantine and isolation orders, the workplace exclusion statutes and standards and the 2021 driver-testing orders inventoried above.
CB. The customer base
The instruments by quarter
Each counterparty class was under an order in every quarter (the counterparties' orders, above; the six quarters): school districts (closure, remote, face-covering, quarantine and testing orders); group customers and venues (gathering bans and caps; casino, convention-center and venue closures; vaccination-proof conditions); travelers (stay-at-home orders; traveler quarantines; entry proclamations; land borders; testing order; Hawaii and Kansas throughout); cruise lines and airlines (No Sail and Conditional Sailing Orders; DOT network orders; conveyance and airport directives); corporate customers (federal and State telework and travel directives); inbound foreign groups (proclamations; visa suspension; land borders).
The modification compelled
The customer's own order removed the customer's freedom to travel or assemble, and the industry's product is that freedom exercised in a group.
The operation of every revenue function was partially suspended in each of the six quarters because of the orders on the industry's counterparties inventoried above, each of which is an order "limiting commerce, travel, or group meetings" in the statute's words and an order whose effect on the employer the Notice's Q&A-12 and the United States' third-party admission recognize.92