March 31, 2020
Government Affairs Alert
Federal COVID-19 Updates from FMCSA, TSA, and USDOS
Federal Motor Carrier Safety Adminstration (FMCSA)
Temporary Waiver for Expiring CDLs & Med Certs
FMCSA issued a   temporary waive r  for States, CDL holders, CLP holders, and interstate drivers operating commercial motor vehicles in response to the COVID-19 emergency. Given the limited availability and operations of State Driver License Agencies and Medical facilities, FMCSA has determined that it is in the public interest to issue a waiver, limited in scope and circumstances, until  June 30, 2020   . Additionally, FMCSA issued   a “  Notice of Enforcement Policy  ” to allow FMCSA to exercise its enforcement discretion in certain cases when a CLP, CDL, or Medical Certificate is expired.
 
This is  not   a blanket exemption from the CLP, CDL, and/or Medical Certificate requirements, and  drivers and carriers should review the details of the waiver to ensure their operations qualify   . Here are the details:
 
FMCSA’s Regulatory Provisions Waived:
  • Extends until June 30, 2020, the maximum period of CDL validity by waiving 49 CFR 383.73(b)(9) and 383.73(d)(6) for CDLs due for renewal on or after March 1, 2020.
  • Extends until June 30, 2020, the maximum period of CLP validity by waiving 49 CFR 383.73(a)(2)(iii) and 383.25(c) for CLPs that are due for renewal on or after March 1, 2020, without requiring the CLP holders to retake the general and endorsement knowledge tests.
  • Waives the requirement under 49 CFR 383.25(e) that CLP holders wait 14 days to take the CDL skills test.
  • Waives the requirement under 49 CFR 391.45 that CDL holders, CLP holders, and non-CDL drivers have a medical examination and certification, provided that they have proof of a valid medical certification that was issued for a period of 90 days or longer and that expired on or after March 1, 2020.
  • Waives the requirement under 49 CFR 383.71(h)(3) that, in order to maintain the medical certification status of “certified,” CDL or CLP holders provide the State Driver Licensing Agency with an original or copy of a subsequently issued medical examiner’s certificate, provided that they have proof of a valid medical certification that expired on or after March 1, 2020.
  • Waives the requirement under 49 CFR 383.73(o)(2) that the State Driver Licensing Agency change the CDL or CLP holder’s medical certification status to “not certified” upon the expiration of the medical examiner’s certificate or medical variance, provided that the CDL or CLP holders have proof of a valid medical certification that expired on or after March 1, 2020.
  • Waives the requirements under 49 CFR 383.73(o)(4) that the State Driver Licensing Agency initiate a CDL or CLP downgrade upon the expiration of the medical examiner’s certificate or medical variance, provided that the CDL or CLP holders have proof of a valid medical certification or medical variance that expired on or after March 1, 2020.
  • In accordance with 49 CFR 383.23(a)(1) and 391.41(a)(1)(i), FMCSA continues to recognize the validity of commercial driver’s licenses issued by Canadian Provinces and Territories and Licencias Federales de Conductor issued by the United Mexican States, in accordance with 49 CFR part 383, when such jurisdictions issue a similar notice or declaration extending the validity date of the medical examination and certification and/or validity of the corresponding commercial driver’s license due to interruption to government service resulting from COVID-19.  
Transportation Security Administration (TSA)
HMEs and TWICs
TSA is finalizing an exemption that permits State licensing entities to grant a 120-day extension on a Hazardous Materials Endorsement (HME) security threat assessment for drivers whose HMEs expired on/after March 1, 2020. Current Federal regulations permit unescorted access to secure areas of maritime facilities or vessels with an expired TWIC under special circumstances. TSA is coordinating with USCG on a regular basis to determine if additional guidance may be needed to support transportation workers.
U.S. Department of State (USDOS)
H-2A Visa Program: State Department Increases Visa Waiver Capability
On March 27, the State Department modified and expanded the interview waiver eligibility to ensure the continuation of H-2 processing. The USDA anticipates the vast majority of otherwise qualified H-2 applicants will now be adjudicated without an interview.

Consular officers have been authorized to expand the categories of H-2 visa applicants whose applications can be adjudicated without an in-person interview. Moving forward, if they choose, consular officers can waive the visa interview requirement for first-time and returning H-2 applicants who have no potential ineligibility.  

This expansion also increases the period in which returning workers may qualify for an interview waiver. Applicants whose previous visas expired in the last 48 months (increased from 12 months), and who did not require a waiver of ineligibility the last time they applied, do not need to be interviewed in-person if they are applying for the same visa classification as their previous visa.