Dealers and Repair Shops

The six quarters

In each of the six quarters from the second quarter of 2020 through the third quarter of 2021, orders from appropriate governmental authorities limiting commerce, travel and group meetings due to COVID-19 were in force on the quarter's first and last day, reached this industry's functions and caused a temporary delay, interruption or termination of a more than nominal portion of its operations. The third quarter of 2021 is treated at length.

The second quarter of 2020

On April 1, 2020 every State and the District of Columbia was under at least one order closing or limiting businesses; forty-two States and territories issued mandatory stay-at-home orders, the first effective March 19 and the last April 7, 2020, and the seven States that issued none had by statewide order closed dining rooms, bars, gyms, theaters and schools and capped gatherings.¹²⁰ The showroom was closed to in-person sales or confined to remote transactions and appointments in twenty-three States and the District: Pennsylvania ("Automobile Dealers No"), Michigan ("closed to in-person traffic" from April 9, following the general suspension of March 24), New Jersey ("only to provide auto maintenance and repair services"), New York ("automotive repair" only, then remote sales with delivery by appointment from April 17), Nevada ("auto showrooms are to remain closed through the duration of the Declaration of Emergency"), Colorado ("automobile online sales with no touch delivery service"), Delaware (closed, then two appointments per half hour from April 7), Minnesota ("Automobile sales that are necessary to allow for essential travel, when conducted by appointment"), Rhode Island ("except for auto repair and by appointment only"), Kentucky (in-person retail closed), Washington (repair and maintenance only), Maine, New Mexico, Maryland, Massachusetts, Connecticut (appointments), Vermont, the District, Illinois (remote and appointment), Montana, Alaska, Idaho, Hawaii (repair only, with Honolulu permitting online sales from April 3 and appointments from April 30) and California by county order.¹²¹ In Texas, where GA-14 incorporated the federal list, Denton County ordered that "showrooms must remain closed" to April 30 and Dallas County confined dealerships to "in-person mechanical services or to complete" online sales to April 23; in Virginia every dealership was capped at ten patrons; in North Carolina retail was held to twenty percent of fire capacity from April 13 and "vehicle dealerships" to fifty percent from May 8; and in Alabama, Florida, Georgia, Indiana, Kansas, Louisiana, Mississippi, New Hampshire, Ohio, Oklahoma, Tennessee and Wisconsin the sales function stayed open only under the distancing, occupancy and sanitation conditions of the orders that named it.¹²² Every State's motor-vehicle agency closed to the public or went to appointments and drop boxes in the second half of March 2020: Illinois and Pennsylvania on March 16-17, Ohio, Texas, Vermont and West Virginia on March 19, New York on March 20, Michigan and Indiana on March 24, the District on March 25, California on March 27, Washington on March 31, New Jersey from March 16 for sixteen weeks; and the States extended every expiration on which the dealer's temporary tags and the customer's registration depend.¹²³ Michigan's plants were closed by order from March 24 to May 11, Pennsylvania's from March 19, Mexico's from March 30 through May 30, 2020; the land borders were restricted from March 20; the Families First Act's leave mandate took effect April 1; and every auto show of the spring was cancelled under the gathering orders.¹²⁴ The showrooms reopened in steps: Pennsylvania online from April 20 and by appointment in yellow-phase counties from May 8; Michigan by appointment from May 26 and generally June 1; Kentucky on May 11 under the Healthy at Work requirements and, from June 11, at twenty-five percent of showroom occupancy; Nevada on May 9 at fifty percent of fire-code capacity; Colorado curbside April 27 and at fifty percent May 1; Washington May 4-5; Maine May 1; New Mexico May 16 at twenty-five percent; Minnesota May 18 at fifty percent; Maryland May 15 at fifty percent; Connecticut May 20; Massachusetts curbside May 25 and in-store June 8; New York in Phase 2 by region from May 29 and in New York City from June 22; Delaware June 1 at thirty percent; New Jersey June 15 at fifty percent; the District curbside May 29 and in-store June 22.¹²⁵ On June 30, 2020 every reopened showroom in the closure States operated by appointment or at capacity under written infection-prevention and exposure-control conditions, face coverings among them; the New Jersey Motor Vehicle Commission was still closed; Kentucky's dealerships were at twenty-five percent and Nevada's at fifty; California, Nevada, North Carolina, Maricopa County and Harris County had required face coverings in every business as an airborne-transmission control; Texas's title and registration waiver and the federal border, entry and leave instruments were in force.¹²⁶

The orders reached every function. SR was closed or remote in twenty-three States and the District and in the Texas counties, then reopened by appointment or at capacity; SV and PT were open only under distancing, lounge-closure and no-contact conditions; DL was barred with the showroom, then confined to household-only or unaccompanied test drives and curbside delivery; DM was closed or appointment-only in every State, with titles and registrations by mail and drop box; FI moved to electronic contracting under the remote-notarization orders; SC was interrupted by the Michigan, Pennsylvania and Mexican plant closures and the border restrictions; MK was prohibited; HR ran without test centers or in-person document inspection; OP ran under telework mandates; WF was confined at home with paid leave compelled; CB was confined by the stay-at-home orders.¹²⁷

During the calendar quarter beginning April 1, 2020 and ending June 30, 2020, orders from appropriate governmental authorities limiting commerce, travel and group meetings due to COVID-19, namely the showroom-closure, remote-sales and appointment orders of twenty-three States and the District (Ex. PA-004; Ex. PA-053; Ex. MI-017; Ex. NJ-004; Ex. NY-092; Ex. NV-064; Ex. CO-016; Ex. DE-013; Ex. MN-010; Ex. RI-074; Ex. KY-008; Ex. WA-017), the county closures in Texas and California (Ex. MET-DFW-079; Ex. MET-DFW-007; Ex. MET-SFO-002; Ex. MET-LA-004), the occupancy and distancing conditions of the open States (Ex. VA-004; Ex. NC-010; Ex. TX-043), the closure or restriction of every State's motor-vehicle agency by governmental action (Ex. NY-002; Ex. OH-012; the agencies' closure notices, Ex. MI-012; Ex. NJ-107; Ex. PA-102; Ex. IL-055; Ex. SEC-08-004, cited as the record of the closures), the plant closures (Ex. MI-011; Ex. MI-026; Ex. FOR-007), the border, entry and leave instruments (Ex. FED-216; Ex. FED-210; Ex. FED-170) and the reopening orders' capacity and appointment conditions (Ex. SEC-08-010; Ex. NV-016; Ex. MI-030; Ex. NY-117; Ex. CO-020; Ex. NJ-020; Ex. NJ-026; Ex. MA-019), caused a temporary delay, interruption or termination of a more than nominal portion of the operations of employers in this industry throughout the United States.¹²⁸ They did so by closing the showroom and the test drive in nearly half the States for six to ten weeks, by closing the office that titles every sale in every State, by closing the plants that fill the lot, and by reopening the showroom only at a fraction of its occupancy, by appointment and under exposure-control conditions.

The third quarter of 2020

On July 1, 2020 every showroom in the closure States was open only by appointment or at capacity under written conditions: Kentucky at twenty-five percent of showroom occupancy with unaccompanied test drives and no-contact delivery; New Jersey at fifty percent; New York under the Vehicle Sales, Leases and Rentals guidelines; Nevada at fifty percent of fire-code capacity under Phase Two; Michigan under the workplace safeguards of Executive Order 2020-91, then 2020-161 (July 29) and 2020-175 (September 3), each imposing workplace exposure controls, face coverings and screening among them; Pennsylvania under the green-phase order and the Targeted Mitigation Order of July 16; Washington under Safe Start; Colorado under Public Health Order 20-28 and, from September 15, the Dial; California under the county protocols and, from August 31, the Blueprint; Honolulu under the appointment rules and, from September 24, the Recovery Framework.¹²⁹ Statewide face-covering orders, airborne-transmission controls binding every indoor workplace, reached every showroom, service lounge and parts counter in thirty-three States by October 1, 2020, among them Texas (July 3), Kentucky (July 10), Louisiana (July 13), Alabama (July 16), Colorado (July 17), Ohio (July 23), Minnesota (July 25), Indiana (July 27), Maryland (July 31) and Wisconsin (August 1), added to those of California, Nevada, North Carolina and the others already in force.¹³⁰ Virginia's emergency temporary standard bound every dealership and shop from July 27, 2020 on pain of citation; Washington's emergency rule had made the proclamations workplace law from May 26.¹³¹ The New Jersey Motor Vehicle Commission reopened by appointment only on July 7, 2020; Maine extended dealer plates by Executive Order 4 of July 22, 2020; Nebraska's title and registration waiver ran to August 31 and Michigan's statutory extension to September 30, 2020; Texas's waiver, the Families First mandate, Proclamations 10014 and 10052, the land-border restrictions, New York's and Chicago's traveler quarantines and Hawaii's quarantine were in force throughout.¹³² On September 30, 2020 every one of those regimes remained, with Colorado's Dial, Honolulu's Recovery Framework and Michigan's Executive Order 2020-175 added.

The orders reached every function. SR operated by appointment or at twenty-five to fifty percent under face-covering controls; SV and PT ran under face-covering, screening and distancing requirements; DL ran under household-only or unaccompanied test-drive rules and no-contact delivery; DM ran by appointment with extended tags; FI ran under remote-notarization regimes; SC ran under the borders, the entry proclamations and the plants' phased restart; MK was prohibited by the gathering caps; HR ran without in-person document inspection; OP ran under telework mandates; WF had quarantine leave compelled and traveler quarantines in force; CB was under face-covering and capacity orders.¹³³

During the calendar quarter beginning July 1, 2020 and ending September 30, 2020, orders from appropriate governmental authorities limiting commerce, travel and group meetings due to COVID-19, namely the capacity, appointment and test-drive conditions of the reopening orders (Ex. SEC-08-010; Ex. NV-017; Ex. NY-117; Ex. MI-041; Ex. PA-016; Ex. CO-020; Ex. CA-017; Ex. MET-HNL-021; Ex. NJ-020; Ex. NJ-026), the statewide face-covering orders, airborne-transmission controls on every indoor workplace (Ex. TX-022; Ex. KY-022; Ex. LA-014; Ex. AL-027; Ex. CO-031; Ex. OH-030; Ex. MN-027; Ex. IN-035; Ex. MD-014; Ex. WI-009; Ex. NV-019; Ex. CA-016; Ex. NC-013), the State workplace standards (Ex. VA-036; Ex. AGY-ST-LABOR-WORKPLACE-050), the motor-vehicle extension instruments (Ex. ME-032; Ex. NE-058; Ex. MI-038; Ex. TX-069) and the New Jersey Motor Vehicle Commission's appointment regime recorded in its notice of July 21, 2020 (Ex. AGY-ST-DMV-SOS-RECORDERS-027), the traveler quarantines (Ex. ECO-C-001; Ex. MET-CHI-019; Ex. HI-003), the entry proclamations and border notifications (Ex. FED-211; Ex. FED-216) and the leave mandate (Ex. ECO-B-003), caused a temporary delay, interruption or termination of a more than nominal portion of the operations of employers in this industry throughout the United States.¹³⁴ They did so by holding the showroom at a fraction of its occupancy and the test drive and delivery under conditions, by placing every counter under airborne-transmission controls, by keeping the title office on appointments, and by keeping the borders, the plants and the shows under orders.

The fourth quarter of 2020

On October 1, 2020 the capacity and exposure-control regimes of the third quarter remained; New York's cluster zones took effect October 6; Detroit's emergency order October 9; Texas's GA-32 October 14, with its automatic rollback to fifty percent in any Trauma Service Area with high hospitalizations; MIOSHA's emergency rules October 14; Maine's registration order October 19; Los Angeles County's Tier 1 order and Chicago's curfew on businesses outside the essential list October 23; Honolulu's Recovery Framework tiers.¹³⁵ The winter re-tightening then re-closed or re-capped the industry: New Mexico reset for two weeks from November 16; Illinois closed every Secretary of State facility from November 17 to January 5, 2021 and imposed Tier 3 mitigations from November 20; Washington rolled back to twenty-five percent from November 17; St. Louis County ordered Safer At Home from November 17; Michigan's Department of Health and Human Services ordered its pause from November 18; Colorado moved to Level Red, Kentucky and Minnesota re-tightened and Philadelphia re-closed from November 20; Nevada paused at twenty-five percent from November 24; Louisiana moved to Modified Phase 2 from November 25; Pennsylvania required remote operation "[u]nless impossible" from November 27 and imposed limited-time targeted mitigation from December 12; Rhode Island paused from November 30; Cal/OSHA's emergency standard took effect November 30; California's Regional Stay at Home Order from December 5; Iowa, West Virginia, North Dakota and Ohio imposed face-covering or other exposure-control conditions on every business from November 11 to 17; North Carolina imposed a modified stay-at-home order from December 11; Delaware and Virginia re-tightened from December 14; Wyoming required face coverings, an airborne-transmission control, in every indoor public place from December 9; the District paused from December 23; Massachusetts cut capacity to twenty-five percent from December 26; and Los Angeles County held "Automobile Dealerships, Auto Repair" to twenty percent of indoor capacity from December 30.¹³⁶ Proclamation 10131 extended the entry suspensions to March 31, 2021 on December 31; the Families First mandate expired that day.¹³⁷ On December 31, 2020 every re-tightening order above was in force.

The orders reached every function. SR was re-capped at twenty to fifty percent or ordered remote in ten jurisdictions and ran under face-covering controls everywhere; SV and PT ran under the same caps and the new workplace rules; DL ran under the winter conditions; DM was closed again in Illinois and on appointments elsewhere; FI ran under remote regimes; SC ran under the borders and the entry proclamations; MK was prohibited by the winter gathering limits, which cancelled the winter boat and RV shows; HR ran under the deferrals; OP ran under renewed telework mandates; WF ran under quarantine orders and school closures; CB was confined again by the winter orders.¹³⁸

During the calendar quarter beginning October 1, 2020 and ending December 31, 2020, orders from appropriate governmental authorities limiting commerce, travel and group meetings due to COVID-19, namely the winter re-tightening orders (Ex. NM-039; Ex. IL-031; Ex. IL-056; Ex. WA-047; Ex. MI-076; Ex. CO-037; Ex. KY-033; Ex. MN-032; Ex. NV-030; Ex. LA-023; Ex. PA-022; Ex. PA-028; Ex. RI-029; Ex. CA-020; Ex. MET-LA-012; Ex. IA-029; Ex. WV-051; Ex. ND-061; Ex. OH-037; Ex. NC-023; Ex. DE-033; Ex. VA-016; Ex. WY-040; Ex. DC-015; Ex. MA-040; Ex. MET-STL-074; Ex. MET-PHL-010), the State workplace rules (Ex. MI-054; Ex. CA-023; Ex. VA-036), Texas's GA-32 (Ex. TX-025; Ex. TX-026), the continuing capacity and exposure-control regimes (Ex. SEC-08-010; Ex. NY-008; Ex. MET-HNL-023), the motor-vehicle instruments (Ex. ME-040; Ex. TX-069), the Illinois Secretary of State's second closure, recorded in Ex. IL-057, and the entry proclamations (Ex. FED-213), caused a temporary delay, interruption or termination of a more than nominal portion of the operations of employers in this industry throughout the United States.¹³⁹ They did so by ordering the showroom and the service department cut to a fraction of their occupancy for the second time in nine months, by closing the Illinois title office a second time, and by keeping the plants, the borders and the shows under orders.

The first quarter of 2021

On January 1, 2021 the winter orders were in force in every jurisdiction named above: the Illinois Secretary of State's facilities closed to January 5, Pennsylvania's targeted mitigation to January 4, Delaware's winter modification to January 11, the District's pause to January 15 and 22, California's Regional Stay at Home Order to January 25 with Los Angeles County's twenty-percent order continuing, Washington's Roadmap to Recovery from January 11, Nevada's Pause, Colorado's Level Red, Michigan's MIOSHA rules, New Mexico's Red-Yellow-Green framework, Kentucky's twenty-five percent showroom cap and Minnesota's, New York's and New Jersey's regimes.¹⁴⁰ The federal layer thickened: Executive Order 13991 imposed workplace infection-prevention controls, masks and distancing, on every federal building and on-site contractor from January 20; OMB Memorandum M-21-15 capped every federal workplace at twenty-five percent from January 24; the CDC's conveyance order placed every commute under airborne-transmission controls from 11:59 p.m. February 1, enforced by TSA Security Directive 1582/84-21-01; the pre-departure testing order took effect January 26; Proclamation 10143 continued the entry suspensions from January 25 and Proclamation 10052 ran to March 31; the President ordered the supply-chain review on February 24 and the Commerce Department requested comment on the semiconductor supply chain on March 15; the Federal Railroad Administration imposed face-mask controls, an airborne-transmission control, on every railroad operation from March 1; OSHA's National Emphasis Program began March 12; the Captains of the Port conditioned every commercial vessel and seaport under 33 C.F.R. §§ 160.111 and 160.216 (Ex. LAW-308) and the CDC's conveyance order from February 1, 2021, as the Coast Guard's MSIB 02-21 (February 1, 2021; Ex. AGY-USCG-PORTS-031) and its Change 1 (March 22, 2021; Ex. AGY-USCG-PORTS-033) record; and Congress re-enacted the Suspension Clause for the third quarter on March 11, 2021.¹⁴¹ Los Angeles County's Red Tier order of March 15, 2021 still listed "automobile dealerships" among retail at fifty percent; Honolulu's tiers continued.¹⁴² On March 31, 2021 the general orders had ended in Montana (January 15 and February 12), North Dakota (January 18), Tennessee (January 31), Idaho (February 2), Iowa (February 7), Arkansas (February 26), South Carolina (March 1 and 5), Mississippi (March 3), Texas (March 10), Oklahoma (March 12), Maryland's capacity limits (March 12), Wyoming (March 16), Arizona (March 5 and 25), Kansas and Wisconsin (March 31), and in each of them the emergency, the courts, the motor-vehicle instruments or the federal layer carried the quarter; in the other jurisdictions the capacity and exposure-control conditions on showrooms and service departments remained in force on that day, and Texas's title and registration waiver ran to April 14.¹⁴³

The orders reached every function. SR was capped at twenty to fifty percent or remote in the winter jurisdictions to their stepped expiry and ran under face-covering controls in about twenty-five States; SV and PT ran under the same caps and the workplace standards; DL ran under the conditions; DM ran on appointments with the Illinois offices closed to January 5; FI ran under remote regimes; SC ran under the borders, the entry proclamations, the rail order's airborne-transmission controls and the federal semiconductor record; MK was prohibited by the winter gathering limits, with the February 2021 Chicago Auto Show moved to July; HR ran under the deferrals; OP ran under telework mandates; WF commuted under the federal conveyance order's controls from February 1; CB was confined by the winter orders and capped at twenty-five percent in every federal fleet office.¹⁴⁴

During the calendar quarter beginning January 1, 2021 and ending March 31, 2021, orders from appropriate governmental authorities limiting commerce, travel and group meetings due to COVID-19, namely the continuing winter orders (Ex. IL-058; Ex. PA-028; Ex. PA-031; Ex. DE-033; Ex. DC-015; Ex. CA-020; Ex. MET-LA-012; Ex. MET-LA-071; Ex. WA-056; Ex. NV-030; Ex. CO-036; Ex. MI-054; Ex. NM-041; Ex. SEC-08-010; Ex. MN-037; Ex. NJ-036; Ex. MA-040; Ex. IA-034; Ex. NC-024; Ex. MET-HNL-024), the federal workplace, conveyance, rail and entry orders (Ex. FED-060; Ex. FED-270; Ex. FED-020; Ex. FED-050; Ex. FED-042; Ex. FED-207; Ex. FED-211; Ex. AGY-AVIATION-SURFACE-014), the State workplace standards (Ex. VA-037; Ex. CA-023; Ex. WA-099) and the motor-vehicle instruments (Ex. TX-069; Ex. IL-006) and the Wisconsin renewal extension recorded in the Division of Motor Vehicles' release of November 10, 2020 (Ex. AGY-ST-DMV-SOS-RECORDERS-010), caused a temporary delay, interruption or termination of a more than nominal portion of the operations of employers in this industry throughout the United States.¹⁴⁵ They did so by holding the showroom and the service department at a fraction of their capacity or in remote operation through the winter, by placing the commute and every federal fleet office under airborne-transmission controls, and by keeping the plants, the borders and the shows under orders.

The second quarter of 2021

On April 1, 2021 the capacity and exposure-control regimes on showrooms and service departments (the occupancy caps, the face-covering orders that were their airborne-transmission controls, and the distancing, screening and telework conditions) ran to their stepped expiry: Pennsylvania's telework mandate to April 4 and its mitigation order to May 31; Alabama's employer code to April 9; Texas's title and registration waiver to April 14; Minnesota's telework mandate to April 14, its general face-covering requirement to May 14 and its capacity caps to May 27; Colorado's to April 16; West Virginia's orders to April 20; Nevada's distancing to April 30 and its capacity to June 1; North Carolina's to May 14; New York's caps to May 19 and its orders to June 25; Connecticut's to May 20; the District's, Delaware's and Rhode Island's to May 21; Michigan's MIOSHA rules, amended May 24, to June 22; Louisiana's to May 26; Virginia's and Massachusetts's to May 28-29; Wyoming's school, child-care and 500-person event rules to May 31 (Ex. WY-058), its business restrictions having ended March 16 (Ex. WY-050; Ex. WY-051); Ohio's to June 2; New Jersey's to June 4; Illinois's and Kentucky's dealership requirements to June 11; California's and Vermont's to June 15; Washington's and Oregon's to June 30; Maine's capacity limits and general face-covering requirement to May 24 (Ex. ME-057; Ex. ME-058) and its emergency and transition orders to June 30; Montana's emergency, its capacity and face-covering rules having ended January 15 and February 12, 2021, to June 30 (Ex. MT-022); New Mexico's to July 1.¹⁴⁶ The workplace standards of California, Virginia, Oregon, Washington and Michigan ran throughout, and Cal/OSHA readopted its standard on June 17 with immediate effect; Honolulu moved to Tier 4 on June 9 and Hawaii's Twenty-First Proclamation continued the face-covering and quarantine controls from June 7; the federal occupancy cap ran to June 10 and Executive Order 13991 throughout; the conveyance order's airborne-transmission controls governed every commute, TSA's directive 1582/84-21-01A took effect May 12, Proclamation 10199 suspended entry from India from May 4, the Coast Guard's MSIB 02-21 Change 2 of June 11 recorded the Captain of the Port conditions then in force under 33 C.F.R. §§ 160.111 and 160.216 and the CDC's order, the Department of Transportation's air-service order May 14, and the DHS land-border notifications continued from June 23 (effective June 22); OSHA's Healthcare ETS took effect June 21 for the industry's health-care fleet customers.¹⁴⁷ The 100-day supply-chain review reported June 8; the Federal Reserve recorded "widespread supply chain disruptions" on April 14.¹⁴⁸ On June 30, 2021 Washington's, Oregon's, Maine's and Montana's orders were in their last day; Honolulu's Tier 4 conditions, the Cal/OSHA standard, Virginia's standard, New Mexico's framework, the District's appointment-only motor-vehicle regime, the remote-notarization regimes of seven States, and every federal order above remained.¹⁴⁹

The orders reached every function. SR ran under caps and face-covering controls to the stepped expiry dates, with Kentucky's twenty-five percent showroom cap to June 11; SV and PT ran under the same orders and the workplace standards throughout; DL ran under the conditions to their expiry; DM ran on appointments, with Texas's waiver to April 14 and the District's regime through the quarter; FI ran under remote regimes; SC ran under the borders, the entry proclamations, the rail and port orders and the federal supply-chain record; MK was capped to the expiry dates; HR ran under the deferrals; OP ran under telework mandates to their expiry; WF commuted under the conveyance order's controls and quarantine orders; CB sat in capped federal fleet offices under workplace infection-prevention controls, masks and distancing, to June 10.¹⁵⁰

During the calendar quarter beginning April 1, 2021 and ending June 30, 2021, orders from appropriate governmental authorities limiting commerce, travel and group meetings due to COVID-19, namely the capacity, exposure-control and dealership orders in force to their expiry (Ex. PA-033; Ex. PA-022; Ex. AL-045; Ex. TX-069; Ex. MN-037; Ex. CO-051; Ex. NV-038; Ex. NC-029; Ex. NY-054; Ex. CT-046; Ex. DC-016; Ex. DE-038; Ex. RI-040; Ex. LA-032; Ex. VA-017; Ex. MA-048; Ex. OH-048; Ex. NJ-050; Ex. NJ-051; Ex. IL-037; Ex. SEC-08-010; Ex. KY-049; Ex. CA-027; Ex. WA-065; Ex. OR-043; Ex. ME-057; Ex. NM-057; Ex. MET-HNL-030; Ex. MET-LA-015; Ex. MET-LA-016), the workplace standards (Ex. VA-037; Ex. CA-024; Ex. CA-067; Ex. WA-067; Ex. AGY-ST-LABOR-WORKPLACE-062), the federal workplace, conveyance, entry, border and port orders (Ex. FED-060; Ex. FED-270; Ex. FED-020; Ex. FED-051; Ex. FED-208; Ex. FED-232; Ex. FED-255; Ex. AGY-AVIATION-SURFACE-035; the Captain of the Port conditions under 33 C.F.R. §§ 160.111 and 160.216 (Ex. LAW-308) recorded in Ex. AGY-USCG-PORTS-037) and the notarial instruments (Ex. AGY-ST-DMV-SOS-RECORDERS-040; Ex. AGY-ST-DMV-SOS-RECORDERS-042), with the appointment-only and lobby-limit regimes of the District's and Oregon's motor-vehicle agencies recorded in Ex. DC-082 and Ex. OR-057, caused a temporary delay, interruption or termination of a more than nominal portion of the operations of employers in this industry throughout the United States.¹⁵¹ They did so by holding the showroom and the service department under caps and face-covering controls for most of the quarter, by conditioning every California, Virginia, Oregon, Washington and Michigan workplace on a written program, and by keeping the title offices, the borders, the ports and the federal fleet customers under orders through the quarter's last day.

The third quarter of 2021

(A) The Service's premise and what the statute asks

The Service's letters state for this quarter that no orders were in effect:

There were no government orders related to COVID-19 in effect during the quarter which could have fully or partially suspended your trade or business.

The statute asks whether, during the quarter beginning July 1, 2021 and ending September 30, 2021, the operation of the trade or business was fully or partially suspended due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. Congress re-enacted that clause on March 11, 2021 for exactly this quarter, with knowledge of the Notice and of the orders then in force, and preserved it when it terminated the fourth quarter on November 15, 2021; the Service itself provided on August 4, 2021 that the suspension rules "continue to apply for the third and fourth calendar quarters of 2021."¹⁵² The inventory in (B) lists only instruments in force on some day of the quarter; the closing subsection names the expired instruments on which the proof does not rest.

(B) The instruments in force July 1 to September 30, 2021: the federal layer

Executive Order 13991 (January 20, 2021), issued under the President's constitutional and statutory authority over the federal workplace, imposed workplace infection-prevention controls, masks and distancing, on federal employees, "on-site Federal contractors; and all persons in Federal buildings," enforced through agency safety plans; in force July 1 and September 30; it conditioned every delivery to and every service call at a federal fleet facility; functions CB, DL.¹⁵³ The Safer Federal Workforce Task Force's Agency Model Safety Principles (revised July 29, 2021), issued under that order after the Office of Management and Budget reinstated the mask requirement on July 27, required every onsite contractor to attest to vaccination status or to mask, distance and submit to weekly testing; in force July 29 through September 30; functions CB, DL.¹⁵⁴ Executive Order 14042 (September 9, 2021), issued under the Federal Property and Administrative Services Act, directed every agency to include in covered federal contracts a clause requiring compliance with the Safer Federal Workforce Task Force's guidance, with the clause required in solicitations and contracts from October 15, 2021, and the Director of OMB determined its terms on September 24, 2021, published September 28; it is cited for what it recites on September 9, 2021 (that "adequate COVID-19 safeguards" for every contractor workforce were then required, safeguards that "will decrease the spread of COVID-19, which will decrease worker absence") and as the order for whose compliance every dealer, fleet-maintenance contractor and parts supplier holding a covered federal contract was preparing in the quarter's last three weeks, not as an instrument that bound any private employer before October 15, 2021; the contractor order in force from July 29, 2021 is the Task Force's Agency Model Safety Principles above, and the on-site contractor mask and distancing rule of Executive Order 13991 was in force on every day; functions CB, DL.¹⁵⁵ The CDC's conveyance order (signed January 29, 2021; effective 11:59 p.m. February 1, 2021), issued under 42 U.S.C. § 264, provided that "a person must wear a mask while boarding, disembarking, and traveling on any conveyance into or within the United States" and "at any transportation hub," enforced by TSA Security Directive SD 1582/84-21-01A to September 13 and SD 1582/84-21-01B from September 14 with civil penalties; in force every day; it placed every transit commute of the industry's workforce and every vehicle transporter, rail carrier and port through which its inventory moves under airborne-transmission controls; functions WF, SC.¹⁵⁶ The Federal Railroad Administration's Emergency Order No. 32 (March 1, 2021) imposed face-mask controls, an airborne-transmission control, on every railroad operation on pain of civil penalty; the Coast Guard's Marine Safety Information Bulletins 02-21 Change 2 (June 11, 2021) and 02-20 Change 7 (May 5, 2021), cited as the record of the regime and not as orders, announced the conditions the Captains of the Port imposed on every commercial vessel and seaport under 33 C.F.R. §§ 160.111 and 160.216 (Ex. LAW-308) and the CDC's conveyance order; in force every day; the finished vehicles and parts this industry sells move by rail and through those ports; function SC.¹⁵⁷ The Secretary of Homeland Security's notifications of June 23, July 22, August 23 and September 22, 2021, each effective 12 a.m. on the 22nd, continued the restriction of the Canada and Mexico land borders to essential travel, and Proclamation 9984 (China), Proclamation 10143 (the Schengen Area, the United Kingdom, Ireland, Brazil and South Africa) and Proclamation 10199 (India), all issued under 8 U.S.C. § 1182(f) and all revoked only by Proclamation 10294 effective November 8, 2021, suspended entry from those countries on every day of the quarter; the CDC's Title 42 order ran to August 1 and its reassessment order from August 2, and its pre-departure testing order throughout; functions SC, CB, HR.¹⁵⁸ OSHA's Revised National Emphasis Program (July 7, 2021) directed inspections to COVID-19 hazards in every workplace from that date; the Department of Transportation's Order 2021-4-13 conditioned domestic air service to September 30 and its Acquisition Directive 2021-02 (September 17, 2021) required every on-site contractor at DOT facilities to attest to vaccination or be tested; the Department of State's routine visa services resumed post by post and the announced deferral of in-person Form I-9 inspection continued; the National Credit Union Administration's temporary regulatory relief rule, governing the credit unions that finance a large share of this industry's retail paper, ran to December 31, 2021, and its Letter to Credit Unions 21-CU-06 of July 19, 2021 (guidance, cited as such) announced Phase 1 of its resumption of onsite operations; and the Secretary of Health and Human Services renewed the public health emergency July 19, effective July 20, 2021; functions OP, SV, CB, DL, HR, FI; and CISA reissued its advisory critical-infrastructure list as version 4.1 on August 10, 2021, cited only for what Texas, Georgia, Florida, North Carolina and Louisiana had incorporated by order (Ex. SEC-08-006).¹⁵⁹ The federal record of the supply interruption, cited as facts and circumstances and not as suspending orders, is in the Federal Register and the Federal Reserve's own publications: Executive Order 14017 (February 24, 2021) directed the semiconductor review; the Commerce Department published its Notice of Request for Public Comments on "Risks in the Semiconductor Supply Chain" on September 24, 2021; the Federal Reserve wrote on July 14, 2021 that "Supply-side disruptions became more widespread, including shortages of materials and labor, delivery delays, and low inventories of many consumer goods," and on September 8, 2021 that "weakness in auto sales was widely ascribed to low inventories amidst the ongoing microchip shortage," that "Dealers perceive no end in sight to the microchip shortage that has severely limited their inflow of new vehicles," that "new cars being delivered to dealers are largely already spoken for," and that "the extension of federal restrictions on foreign visitors" had "led to the cancellation of summer events, such as the Fancy Foods Show and the Auto Show"; the orders that reached functions SC and MK in the quarter are the border, entry, port, rail and gathering instruments above and below.¹⁶⁰

The instruments in force: Hawaii and Honolulu

The Governor of Hawaii's Twenty-First Proclamation (June 7, 2021) and Emergency Proclamation of August 5, 2021, issued under Hawaii Revised Statutes chapter 127A, imposed statewide airborne-transmission controls, face coverings in every indoor public space, the Safe Travels quarantine of every unvaccinated arriving traveler and, from August 5, attestation of vaccination or weekly testing by every State and county employee, with penalties under the statute; in force July 1 and September 30 without interruption from the Second Supplementary Proclamation of March 21, 2020; functions SR, SV, PT, WF, CB.¹⁶¹ Executive Order 21-05 (August 10, 2021) capped gatherings at ten indoors and twenty-five outdoors and restaurants, bars and gyms at fifty percent seated statewide to December 1 (Ex. HI-025; restated as Exhibit F of the post-period proclamation of October 1, 2021, Ex. HI-029, cited only for that restatement); Executive Order 21-06 (September 1, 2021) authorized crisis standards of care in every health-care facility and Executive Order 21-07 (September 13, 2021) conditioned access to State property, contractors included, on vaccination or a negative test (Ex. HI-026; Ex. HI-027); and the Supreme Court's extension of September 29 postponed every jury trial to after November 16 (Ex. HI-069); functions MK, CB, DL, DM. The Mayor of Honolulu's Emergency Order No. 2021-08 (Tier 4) governed to July 8, Emergency Order No. 2021-09 (July 2, 2021; effective July 8) implemented Tier 5 with conditions on designated businesses, Emergency Order No. 2021-10 (August 23, 2021) cut gatherings to ten indoors and twenty-five outdoors and aligned restaurant, bar and gym limits with the Governor's Executive Order 21-05 (Ex. MET-HNL-033), Emergency Order No. 2021-11 (August 30, 2021; effective September 13) imposed the Safe Access O'ahu program on restaurants, gyms and entertainment venues, and Proclamation and Emergency Order No. 2021-13 (September 17, 2021; effective September 22) restated the program with an Exhibit B whose list of designated businesses reads "New and used car and truck dealerships" and provides that "Operators must implement sanitation measures ... and must comply with conditions on page 1 of Exhibit B"; each was enforced as a misdemeanor under Hawaii Revised Statutes § 127A-29; in force on every day of the quarter; functions SR, SV, PT, DL, MK, CB.¹⁶² The Hawaii Supreme Court postponed every jury trial statewide from August 16, 2021; functions DM, FI (the replevin and title proceedings of the trade).¹⁶³

The instruments in force: California and its metros

The State Public Health Officer's Order of June 11, 2021 (Beyond the Blueprint), effective June 15, imposed airborne-transmission controls in every indoor public setting, face coverings of unvaccinated persons, and governed mega-events, and incorporated by reference the Department's face-covering guidance, whose version of July 28, 2021 required face coverings of every unvaccinated person in every indoor public setting, dealerships and repair shops included, and put every business to the choice of verifying vaccination status or requiring face coverings of everyone; the State Public Health Officer's orders of July 26, August 5 and August 11 required vaccination or testing, then vaccination, of every worker in hospitals, skilled nursing facilities and the other covered health-care settings and in schools (Ex. CA-031; Ex. CA-030; Ex. CA-033), governing the industry's hospital, dental and school-district fleet customers; the Cal/OSHA COVID-19 Prevention emergency standards, Cal. Code Regs. tit. 8, §§ 3205-3205.4, readopted June 17, 2021 and given immediate effect by Executive Order N-09-21, bound every dealership and repair shop in the State to the occupational-health and airborne-transmission controls of the standard, a written prevention program, exclusion pay for excluded employees, testing after exposure, notification and face coverings for unvaccinated employees, enforced by citation and civil penalty; in force July 1 and September 30; functions SR, SV, PT, DL, OP, WF.¹⁶⁴ The Los Angeles County Health Officer's order of July 16, 2021, effective 11:59 p.m. July 17, reinstated universal indoor face coverings as an exposure-control requirement on every indoor public setting, showrooms, service drives, lounges and parts counters included, and was continued by its August 16 revision through September 30; the Health Officer's Public Health Emergency Quarantine Order and Isolation Order of August 26, 2021 ordered every close contact of a case to quarantine and every case to isolate, removing exposed technicians and salespeople from the premises by blanket order; the Health Care Worker Vaccination Requirement of August 12, 2021 governed the industry's hospital fleet customers; functions SR, SV, PT, WF, CB.¹⁶⁵ The San Francisco Health Officer's Order No. C19-07y (June 15, 2021) governed every business, its update of August 2 (effective August 3) reinstated universal indoor face coverings, an exposure-control requirement on every business, regardless of vaccination status, as did the concurrent orders of the seven Bay Area counties and Berkeley, and its update of August 12 (effective August 20 for patrons) required proof of vaccination for indoor dining, bars, gyms and entertainment; the San Diego County Health Officer's Limited Order of June 15, 2021 and its isolation and quarantine orders, revised July 22, 2021, were in force through the quarter; functions SR, SV, PT, WF, MK, CB.¹⁶⁶ The Department of Consumer Affairs' waivers of June 3, July and September 28, 2021 governed the license renewals of automotive repair dealers, and the Department of Motor Vehicles extended commercial driver's licenses through November 30 by notice of September 2, 2021; functions HR, DM.¹⁶⁷

The instruments in force: Nevada, the District, Louisiana, Oregon, New Mexico, Washington and Illinois

The Governor of Nevada's Directive 047 (July 27, 2021; effective 12:01 a.m. July 30) imposed universal indoor face coverings, an occupational-health and airborne-transmission control enforced in every workplace by Nevada OSHA, on every person, vaccinated or not, in public indoor spaces in every county of substantial or high transmission, Clark and Washoe Counties throughout the quarter, and Directive 048 (August 4, 2021) fixed the county-level mechanics and defined "indoor public setting" to include offices, breakrooms and meeting rooms; enforced by Nevada OSHA and, in Clark County, as a misdemeanor under Clark County Code 3.04.065, with Clark County's own employee face-covering measure from July 22 and the Eighth Judicial District's Administrative Order 21-05 from July 19; Nevada OSHA's statement of July 30 (Ex. NV-060, guidance, cited as the record of enforcement) announced that it would enforce Directive 047 in every workplace as a regulation promulgated under the Governor's directives, and the Board of Health's emergency regulations required vaccination of university students from August 20 and of State employees in specified settings from September 10 (Ex. NV-055; Ex. NV-056); in force from July 30 through September 30; functions SR, SV, PT, OP, WF.¹⁶⁸ The Mayor of the District of Columbia's Order 2021-097 (July 29, 2021; effective 5:00 a.m. July 31) resumed universal indoor face coverings as an exposure-control requirement, binding every person to wear one and every business to require it, enforced by DC Health and the licensing agency; the public emergency ran to October 8 (Ex. DC-021), the Superior Court tolled its deadlines from September 11 (Ex. DC-060), the Mayor announced vaccination requirements for the District's health professionals and its school and child-care personnel on August 16 and September 20 (Ex. DC-075; Ex. DC-076), and the Department of Motor Vehicles operated by appointment only until July 19-20, 2021; functions SR, SV, PT, DM, CB.¹⁶⁹ The Governor of Louisiana's Proclamation 137 JBE 2021 (August 2, 2021; effective August 4) imposed statewide airborne-transmission controls, face coverings for every person aged five and older in every indoor space, businesses included, renewed by Proclamation 167 JBE 2021 (August 31; effective September 1) and Proclamation 181 JBE 2021 (September 28; effective September 29); Proclamations 145 and 168 JBE 2021 (August 6 and August 31, 2021) extended the emergency provisions, the Office of Motor Vehicles' remote-service provisions among them, and the emergency itself was renewed June 23, July 21 and September 29 (Ex. LA-034; Ex. LA-035; Ex. LA-041); the Department of Health's screening decision tree governed every school from August 3 (Ex. LA-054) and Emergency Rule 46 governed surge patient transfers from August 9 (Ex. LA-056); New Orleans required universal indoor face coverings from July 31 and proof of vaccination or a negative test of every patron of indoor establishments from August 16, and Jefferson Parish required face coverings from August 4; functions SR, SV, PT, DM, MK, CB.¹⁷⁰ The Oregon Health Authority's OAR 333-019-1025 (temporary rule filed August 11, 2021; effective August 13) imposed airborne-transmission controls in every indoor public space, face coverings for every person, extended to crowded outdoor spaces August 27, enforced by civil penalty, and Oregon OSHA's Administrative Order 10-2021 (August 13) made the face-covering requirement a workplace rule under its COVID-19 standard and its Administrative Order 12-2021 (September 16) added medical-removal protection benefits; OAR 333-019-1015 required face coverings in every school from August 2 (Ex. OR-045), OAR 333-019-1010 required vaccination or testing, then vaccination, of every health-care worker from August 5 and August 25 (Ex. OR-046; Ex. OR-051), OAR 333-019-1030 required vaccination of every teacher and school staff member from August 25 (Ex. OR-052), Executive Order 21-29 required vaccination of executive-branch employees from August 13 (Ex. OR-047) and Chief Justice Order 21-039 required it of court staff from September 16 (Ex. OR-054); Executive Order 21-15 continued the emergency to December 31, 2021; functions SR, SV, PT, OP, WF, CB.¹⁷¹ The New Mexico Secretary of Health's Public Health Emergency Order of June 30, 2021 (effective July 1) ended the county framework but kept COVID-safe practices mandatory and face coverings required of the unvaccinated; the Order of August 17, 2021 reinstated universal indoor face coverings, an airborne-transmission control on every indoor space, from August 20; the Order of September 15, 2021 extended it to October 15; and Executive Order 2021-049 (August 16) renewed the emergency; the Supreme Court's face-covering order governed every courthouse throughout (Ex. NM-017); enforced under the Public Health Emergency Response Act; functions SR, SV, PT, WF, DM.¹⁷² The Governor of Washington's Proclamation 20-25.14 (Washington Ready; July 1, 2021) required face coverings of unvaccinated persons and employer verification, Proclamation 20-25.15 (August 20; effective August 23) prohibited every business from admitting unmasked persons indoors, the Secretary of Health's Order 20-03.4 (August 19; effective August 23) imposed universal indoor face coverings as an exposure-control requirement regardless of vaccination status, Proclamation 21-14 (August 9, amended August 20) required vaccination of State workers and health-care providers by October 18, and the Department of Labor and Industries readopted WAC 296-800-14035 on July 6, August 23 and September 20, 2021 so that each proclamation was enforceable by citation; Proclamation 20-41's licensing extensions continued; King County required face coverings in every indoor space from September 7 and, by its order of September 16, 2021, effective immediately, fixed the verification of vaccination that applied to indoor establishments from October 25, 2021; functions SR, SV, PT, DM, OP, WF, CB.¹⁷³ The Governor of Illinois's Executive Order 2021-20 (August 26, 2021) imposed universal indoor face coverings, an airborne-transmission control on every indoor space, from August 30, Executive Order 2021-22 (September 3) added the employer's duty and vaccination requirements for health-care and education workers, and Executive Order 2021-23 (September 17) re-issued the orders to October 16; Executive Order 2021-18 (August 4) required face coverings in every school, day care and long-term care facility (Ex. IL-040), and the disaster proclamations of June 25 and September 17 carried the emergency on every day (Ex. IL-047; Ex. IL-046); Chicago required them in every indoor space from August 20, Cook County from August 23 and Oak Park from August 6; the remote-notarization order continued for the duration of the disaster proclamation; functions SR, SV, PT, FI, WF.¹⁷⁴

The instruments in force: the Northeast, the Mid-Atlantic and Texas

The face-covering orders named in this subsection were exposure-control requirements laid on every indoor workplace, business or school within the issuing jurisdiction, and the companion duties they carried (verification of vaccination, testing, quarantine and exclusion) are named where the instrument imposed them. New York's Chapter 105 of the Laws of 2021 (the HERO Act) and 12 NYCRR Part 840 (August 5, 2021) required every private employer to adopt an airborne infectious disease exposure prevention plan by August 5, 2021, and the Commissioner of Health's designation of September 6, 2021 activated every plan, dealerships and repair shops included; 10 NYCRR Subpart 66-3 required face coverings of unvaccinated persons to August 27 and the Commissioner's determination under 10 NYCRR 2.60 governed indoor face coverings from August 27; 10 NYCRR 2.61 (August 26) required vaccination of every worker in covered health-care entities; New York City required proof of vaccination for indoor dining, fitness and entertainment from August 17, enforced from September 13, and the MTA enforced its mask fine; the Governor declared a statewide disaster emergency for health-care staffing shortages on September 27 (Ex. NY-070), and the residential and commercial eviction and foreclosure stays ran to August 31 and, from September 2, to January 15, 2022 (Ex. NY-085; Ex. NY-086); functions SR, SV, PT, OP, WF, MK, CB.¹⁷⁵ New Jersey's Executive Order 242 remained the "most recent executive order containing general ... mitigation measures" that P.L. 2021, c. 103 continued to January 1, 2022; Executive Order 252 (August 6) required vaccination or testing of covered health-care workers, Executive Orders 251 and 253 (August 6 and 23) required face coverings in every school and vaccination or testing of every school worker, Executive Order 123's insurance grace periods continued under c. 103, and the remote-notarization act ran for the duration; functions FI, WF, CB.¹⁷⁶ Connecticut's Executive Order 13A (August 5, 2021) revised the face-covering rules, airborne-transmission controls on indoor settings, and authorized municipal mandates, the Department of Public Health's order of August 7 fixed the settings requiring universal face coverings as an exposure-control requirement, its public health and civil preparedness emergencies ran on every day of the quarter (Ex. CT-044; Ex. CT-048; Ex. CT-058), and Executive Orders 13F (September 3) and 13G (September 10) required vaccination or testing of long-term-care and State workers (Ex. CT-055; Ex. CT-056); Massachusetts's modified public health emergency of May 28, 2021 and the Commissioner's face-covering order, an airborne-transmission control, governed transit and covered settings, Chapter 20 of the Acts of 2021 continued remote notarization to December 15, 2021, four vaccination mandates bound nursing-home personnel from August 4, executive-department employees from August 19, the staff of certain agency facilities from August 13 and home-care staff from September 8 (Ex. MA-067; Ex. MA-068; Ex. MA-070; Ex. MA-069), the Department of Elementary and Secondary Education required face coverings in every public school from August 25 (Ex. MA-071), and Boston (August 27), Somerville (August 20) and Cambridge (September 3) required them in every indoor space; Maryland's terminated orders ran through the administrative grace period to August 15, 2021 with remote notarization to the same date, the Secretary of Health ordered every hospital and nursing home to require a first dose of all staff by September 1 or weekly testing (Ex. MD-057; Ex. MD-058; Ex. MD-060) and kept the testing, reporting and surge directive of June 15 in force (Ex. MD-055), its courts required face coverings from August 9, and Montgomery County required them in every indoor space from August 7; Delaware's Twenty-Ninth Modification ran to July 13, 2021 and its public health emergency from July 12, and its Secretary of Health's emergency orders required every hospital, nursing facility and home health agency to expand infection control from July 1 (Ex. DE-061; Ex. DE-062; Ex. DE-063), required face coverings in every school and child-care center from August 16 (Ex. DE-044; Ex. DE-045) and required testing of new staff, vendors and volunteers from September 30 (Ex. DE-046; Ex. DE-047); Pennsylvania's Act 21 continued its regulatory suspensions to September 30, 2021 and Act 73 (September 30) to March 31, 2022, the Secretary of Health's order requiring reduction of elective procedures in regions with low acute-care capacity ran to August 23 (Ex. PA-025; Ex. PA-101), the Acting Secretary of Health required face coverings in every school entity from September 7, and Philadelphia's Full Reopening Order, its August 12 face-covering amendment, the Board of Health's regulation of August 13 and its vaccination regulation of August 16 governed every business in the city; Virginia's 16VAC25-220 bound "every employer, employee, and place of employment," amended September 8, 2021, Executive Directive 18 required disclosure of vaccination status, weekly testing and masking of State employees and contractors from September 1 (Ex. VA-045), and the judicial emergency continued from August 12 and September 23 (Ex. VA-041; Ex. VA-042); Rhode Island's disaster emergency, declared March 9, 2020, was renewed through the quarter (Ex. RI-001), and Executive Order 21-99, signed September 30, 2021, the quarter's last day, continued it from October 1 (Ex. RI-065, cited for the continuation it recites), a Delta-variant emergency was declared August 19 (Ex. RI-054), its quarantine and isolation orders bound every exposed person (Ex. RI-036; Ex. RI-059; Ex. RI-066), the Department of Health's emergency regulation of August 17 required vaccination of every worker in a licensed health-care facility (Ex. RI-072), its safe-activities regulation ran to August 31 and its Supreme Court required face coverings in every courthouse from August 13; Maine's Executive Order 40 scheduled its transition provisions to August 30, August 31 and September 30, 2021, its Center for Disease Control required immunization of every health-care, EMS and dental employee by September 17 on pain of exclusion from the worksite (Ex. ME-061) and the Judicial Branch required face coverings in every courthouse from August 16 (Ex. ME-074); Vermont required face coverings of every courthouse visitor from July 6, 2021 (Ex. VT-059), amended September 1 with limited-entry courthouses to November 1 (Ex. VT-060; Ex. VT-061), kept Executive Order 06-21 in force (Ex. VT-044), required vaccination of its 24/7 State-facility staff from September 1 and attestation, weekly testing and masking of every executive-branch employee from September 15 (Ex. VT-083; Ex. VT-085), and its notarial emergency period ran to July 15 (Ex. AGY-ST-DMV-SOS-RECORDERS-050); New Hampshire's isolation and quarantine guides and its School and Childcare Toolkit of August 11 governed its workforce (Ex. NH-066); functions SR, SV, PT, FI, DM, OP, WF, CB.¹⁷⁷ Texas's disaster declaration, renewed August 29, 2021, carried GA-34 and GA-36 to July 29 and GA-38 from July 29, whose section on testing required every entity that tests to report results daily; the Supreme Court's Fortieth Emergency Order governed every court from August 1 to October 1; Dallas County required every commercial entity to adopt a Health and Safety Policy with universal indoor face coverings, an exposure-control requirement, from August 11, 2021 on pain of a $1,000 fine, re-issued August 12 and modified August 16 "in compliance with the Texas Supreme Court"; Harris County required face coverings in its courthouses from August 12 and its buildings from August 17 and its Local Health Authority required them in every public school from August 12; the Houston Independent School District required them in every school from August 12; Trinity Metro enforced the federal mask order; the Governor's notarial suspension ran for the duration; and CPS Energy's disconnection suspension ran to September 2021; functions SR, SV, PT, FI, WF, CB.¹⁷⁸

The instruments in force: the remaining States, the tribes and the territories

The face-covering orders named in this subsection were exposure-control requirements laid on every indoor workplace, business or school within the issuing jurisdiction, and the companion duties they carried are named where the instrument imposed them. Georgia's Economic Recovery State of Emergency of June 30, 2021 and its regulatory suspensions governed from July 1, renewed July 22, August 19 and September 20 (Ex. GA-059; Ex. GA-060; Ex. GA-046), Executive Order 08.19.21.03 (August 19) re-imposed a mandatory mitigation duty on every Organization operating in person while barring local governments from compelling businesses to enforce local ordinances (Ex. GA-043), Executive Orders 08.25.21.01 and 08.30.21.01 deployed the Guard and suspended the hours-of-service and weight rules of the carriers that move the industry's inventory (Ex. GA-044; Ex. GA-045), Executive Order 09.20.21.02 (September 20) continued the suspensions, Atlanta required face coverings in every indoor public place from July 28 and Savannah from July 26 and August 24; Alabama's emergency ran to 11:59 p.m. July 6 (Ex. AL-079), its Supreme Court extended its workers' compensation orders to October 29 and declared a second judicial emergency from August 23 (Ex. AL-063; Ex. AL-064), and the Governor declared a new emergency August 13 (Ex. AL-052); Arkansas's emergency ran from July 29 to September 27; Tennessee's Executive Order 82 (July 30; Ex. TN-034) was superseded August 6 by Executive Order 83 (Ex. TN-035), which reinstated the health-care emergency because hospitalizations were increasing, to October 5, extended by Executive Order 88 of September 30 (Ex. TN-037), and Executive Order 84 of August 16 (Ex. TN-036), the federal injunctions restoring universal school masking in Shelby, Williamson and Franklin Counties (Ex. TN-067; Ex. TN-086, confirmed from a secondary source), the Supreme Court's orders of May 14 and August 26 barring positives and exposed persons from every courthouse (Ex. TN-050; Ex. TN-051) and Public Chapter 550 (Ex. TN-065), which fixed the county boards' powers, governed the quarter; Florida's Department of Health rules governed every school from August 6 and September 22 (Ex. FL-032; Ex. FL-033) and its courts ran under emergency orders (Ex. FL-069); South Carolina's trial-court orders ran to August 27 and from August 27 (Ex. SC-054; Ex. SC-056), Richland County required face coverings in every commercial establishment from September 15 (Ex. SC-061) and the school and child-care exclusion list governed every school (Ex. SC-062); North Carolina's emergency of March 10, 2020 ran on every day (Ex. NC-001), Executive Order 220 held face-covering requirements, airborne-transmission controls, in certain settings to July 30 (Ex. NC-030), Executive Order 224 ran from July 29 with agency verification from September 1 (Ex. NC-031), S.L. 2021-130 governed every school district's face-covering policy from August 30 (Ex. NC-032) and Executive Order 229 (August 31) extended the vaccination, testing and Guard measures (Ex. NC-058); Kentucky's residual face-covering requirements, airborne-transmission controls, ran to September 7, its school face-covering order from August 10, its courts' health and safety requirements from August 9 and House Joint Resolution 1 (September 7) extended its emergency actions to January 15, 2022; Indiana continued limited provisions from July 1 (Ex. IN-066), gave the Department of Health's isolation and quarantine control measures, updated July 19 (Ex. IN-092), executive-order force from August 1 by Executive Order 21-19 (Ex. IN-068), renewed the emergency August 30, effective August 31 (Ex. IN-069) and directed hospitals to postpone non-emergent procedures from September 2 (Executive Order 21-24, Ex. IN-071); Ohio's nursing-home and residential-care testing orders and reporting requirements governed its health-care fleet customers, its K-12 quarantine rules governed every school from August 31 (Ex. OH-084) and Dayton required face coverings in every indoor space from September 17 (Ex. OH-094; Ex. OH-095); Michigan's COVID-19 Employment Rights Act and residential-care order continued, its Supreme Court's administrative orders ran to July 26 (Ex. MI-080), and the Ottawa, Kalamazoo and Berrien County health departments imposed quarantine and face-covering controls on every school from August 6, 18 and 20 and September 6 (Ex. MI-081; Ex. MI-083; Ex. MI-084; Ex. MI-085); Minnesota's peacetime emergency ran to 11:59 p.m. July 1, 2021, the quarter's first day (Ex. MN-040; Ex. MN-041), its eviction-phaseout statute ran to October 12 (Ex. MN-042), its Judicial Branch orders of June 28 and July 30 governed every courthouse (Ex. MN-053; Ex. MN-054), the State required proof of vaccination or testing of its employees from September 8 (Ex. MN-044), Minneapolis extended its emergency July 1 and Saint Paul required face coverings in every city property from August 3; Missouri's emergency ran to August 27, when Executive Order 21-09 declared a health-care staffing emergency and continued the telemedicine and remote-witnessing suspensions to December 31 (Ex. MO-018; Ex. MO-020), St. Louis County and the City of St. Louis reinstated universal indoor face coverings from July 26 and August 30; Colorado's Fourth and Sixth Amended Public Health Orders 20-38 (July 1 and September 1) kept limited restrictions, the Board of Health required a first dose of every worker in every licensed health facility by September 30 (Ex. CO-055), Denver required vaccination of the personnel of covered entities from August 2 and of their contractors and subcontractors from September 1, Boulder County required face coverings in every indoor space from September 3, and the Healthy Families and Workplaces Act's public-health-emergency leave governed every employer; Arizona's Executive Orders 2020-12, 2021-05 and 2021-06 ran to September 29, its Supreme Court's Administrative Order 2021-109 from July 14 and Maricopa County's court face-covering order from August 9; Alaska's Department of Health and Social Services public health emergency order ran on every day, with crisis standards of care from September 21 (Ex. AK-030; Ex. AK-031), and its Supreme Court suspended in-person civil jury trials from August 31 (Ex. AK-060); Iowa's disaster proclamation was in force on every day (Ex. IA-039; Ex. IA-040; Ex. IA-041), its courts required face coverings in every courthouse from August 27 (Ex. IA-056) and Iowa City required them in every indoor space from August 19 (Ex. IA-067); Kansas's travel and exposure quarantine mandate continued through the quarter (Ex. KS-057), its Department of Health and Environment required testing in every adult care home (Ex. KS-052) and Douglas County required face coverings of children in every indoor public space from August 19 to September 22 (Ex. KS-095); Nebraska's emergency ended June 30, but Executive Order 21-09 carried Executive Orders 20-08, 20-10, 20-15, 20-18, 20-37 and 21-01 to July 30 and 20-12 to August 27 (Ex. NE-067), the Governor declared a hospital-capacity emergency August 26 (Ex. NE-068) and Lincoln-Lancaster County required face coverings in every indoor space from August 26 (Ex. NE-080; Ex. NE-081, both confirmed from a secondary source); Idaho's emergency proclamations ran through the quarter (Ex. ID-046; Ex. ID-047), its Governor activated the Guard August 31 (Ex. ID-030), its health districts activated crisis standards of care from September 7 (Ex. ID-064) and Ada County required face coverings in its courtrooms from August 9; Montana's judicial protocols and its bank-branch proclamation to July 12; Utah's Department of Health emergency (Ex. UT-025) and its courts' orders of July 30, August 12 and September 17 (Ex. UT-051; Ex. UT-052; Ex. UT-053); Wisconsin's court order and the local health-officer authority of Wis. Stat. § 252.03 (Ex. WI-029; Ex. WI-039), South Dakota's court order, Wyoming's court order and the University of Wyoming's indoor face-covering and entry-testing requirements from August 16 (Ex. WY-003; Ex. WY-060; Ex. WY-061), North Dakota State University's face-covering requirement for the fall 2021 semester (Ex. ND-083), West Virginia's emergency, its testing order and its vehicle-inspection suspension to October 1, Stillwater's hospital-capacity emergency of September 3 to 20 (Ex. OK-089) and the Cherokee Nation's employee vaccination order (Ex. OK-090), and Mississippi's remote-notarization order governed their subjects through the quarter; functions DM, FI, OP, WF, CB.¹⁷⁹ The Navajo Nation's business-status orders governed to August 12, its Safe Schools order from July 8, the Mescalero Apache Tribe required face coverings of every employee, agent and contractor from August 20, and the Yakama Nation's Public Safety Order No. 3 required them in every indoor public setting throughout; Puerto Rico required vaccination of public employees and Executive Branch contractors from August 16, and Guam imposed establishment vaccination requirements from August 20 and 24; functions SR, SV, CB.¹⁸⁰

(C) How they reached the functions

SR: every showroom in Hawaii operated under the tier and Safe Access conditions and Exhibit B's list; every showroom in Los Angeles County, the Bay Area, Clark and Washoe Counties, the District, Louisiana, Oregon, New Mexico, Washington, Illinois, Philadelphia, Dallas County, Atlanta, New Orleans, Boston, St. Louis and King County operated under the airborne-transmission controls, universal indoor face coverings, that those authorities imposed on every indoor workplace from July 17, 2021 onward; every showroom in California operated under a written prevention program with exclusion pay and testing; every showroom in New York adopted and, from September 6, activated an exposure prevention plan; every showroom in Virginia operated under 16VAC25-220. SV and PT: the same orders reached every service drive, bay, lounge and parts counter, and the Los Angeles County and San Diego County quarantine and isolation orders removed exposed technicians by blanket order. DL: deliveries to and service calls at federal facilities required attestation or masking, distancing and testing from July 29; deliveries in the exposure-control jurisdictions were made under their face-covering requirements; Denver's contractors were ordered vaccinated from September 1. DM: the District's motor-vehicle agency was appointment-only to July 19-20; Louisiana's remote-service provisions continued; California's commercial licenses were extended; the notarial regimes of New Jersey, Massachusetts, Maryland, Texas, Mississippi and Illinois governed the deal jacket; the courts of Texas, Hawaii, Kentucky, Maryland, Minnesota, Virginia and eight other States ran under emergency orders. FI: the insurance grace periods, the remote-notarization regimes and the credit unions' relief rules governed the finance desk. SC: the plants' output moved through ports and rail yards under airborne-transmission controls and across a border closed to non-essential travel, and the semiconductor interruption the Commerce Department put in the Federal Register on September 24 left lots "largely already spoken for." MK: the New York Auto Show was cancelled, McCormick Place reopened only in July, and indoor events required proof of vaccination or a negative test in New Orleans from August 16, New York City from August 17, San Francisco from August 20 and King County from September 16. HR: entry from the manufacturers' home countries was suspended every day; the Form I-9 deferral continued; California's renewals were waived. OP: the offices operated under the workplace standards and exposure-control orders. WF: the commute ran under the federal conveyance order's airborne-transmission controls every day; quarantine and isolation were compelled; the schools of Kentucky, New Jersey, Pennsylvania, Harris County and the Navajo Nation were under face-covering orders, airborne-transmission controls, from August and September; the Healthy Families and Workplaces Act and the New York sick-leave statute compelled paid leave. CB: every federal fleet office was under workplace infection-prevention controls, masks and distancing, and its contractors attested; every hospital fleet customer was under a vaccination order; every tribal and territorial customer was under its own orders.¹⁸¹

(D) The continuing-suspension analysis

The clause asks whether the operation "is fully or partially suspended during the calendar quarter"; "during the calendar quarter" modifies "suspended," and Congress did not write "orders in effect during the quarter." Tri-State Memorial Hospital v. United States (Tri-State) defines a suspension to include a "delay" and holds causation to be but-for. The Notice recognizes both halves of the point: Q&A-22 makes an employer suspended for part of a quarter eligible for the whole quarter, and Q&A-16 recognizes that "a significant delay (for example, beyond 2 weeks)" in moving between modes of operation is itself a partial suspension.¹⁸² Four pathways carry the suspension of this industry into the third quarter of 2021. First, the instruments in (B) were in force on every day of the quarter and were themselves orders limiting commerce, travel and group meetings. Second, the orders of March 2020 through June 2021 compelled this industry to dismantle its operation, and the orders' own reopening steps show that the dismantling was not restored on July 1, 2021. Pennsylvania closed the showroom March 19, 2020, permitted online sales April 20, appointments May 8, green-phase operation May 29, and held the industry under mitigation orders until May 31, 2021; Michigan closed the showroom to in-person traffic March 24, admitted customers by appointment May 26, generally June 1, and held every workplace under safeguards and MIOSHA rules until June 22, 2021; Kentucky closed the showroom March 23, 2020, reopened it May 11, 2020 under the Healthy at Work requirements and held it, from June 11, 2020, at twenty-five percent of occupancy with unaccompanied test drives and curbside delivery until June 11, 2021, twelve months under the cap and thirteen under the regime; Nevada closed the showroom from 11:59 p.m. March 20, 2020, admitted customers at fifty percent of fire-code capacity from May 9, cut to twenty-five percent from November 24, ended capacity June 1, 2021 and placed every showroom under the universal indoor face coverings of Directive 047, an occupational-health and airborne-transmission control enforced by Nevada OSHA, again from July 30, 2021; New York confined sales to remote transactions from March 22 and April 17, reopened by region from May 29 and June 22, 2020, held the caps to May 19, 2021 and the orders to June 25; New Jersey permitted repair only from March 21, admitted sales at fifty percent from June 15, 2020, and held the worksite protocols through the quarter as carried by Executive Orders 242 and 243; Colorado ordered residents home and closed non-essential in-person retail March 26, confined dealers to online sales with no-touch delivery from April 2, permitted curbside April 27 and fifty percent May 1, 2020, cut again at Level Red November 20 and lifted its caps April 16, 2021; California and Los Angeles County closed sales March 19, reopened May 8, cut "Automobile Dealerships, Auto Repair" to twenty percent December 30, 2020, listed "automobile dealerships" at fifty percent March 15, 2021 and ended the tiers June 15, 2021, with the Cal/OSHA standard continuing; Honolulu closed sales March 25, permitted online sales April 3 and appointments April 30, 2020, and never ended its conditions.¹⁸³ The title offices tell the same story: the Illinois Secretary of State closed for eleven weeks and then for seven more; the New Jersey Commission for sixteen weeks, then appointments; the California Department for eleven weeks in 169 offices; the District's Department by appointment for thirteen months to July 19-20, 2021; Texas suspended the title and registration requirements themselves for thirteen months to April 14, 2021. Every title and registration those closures deferred was a transaction the dealer completed later, and the backlogs of the appointment regimes were the third quarter's title work.¹⁸⁴ The inventory tells it most plainly: the plants closed by Michigan's, Pennsylvania's and Mexico's orders from March 24 through May 2020 produced nothing, the orders that reopened them fixed the conditions of their restart, the semiconductor plants of Asia closed and reopened under their governments' orders through 2021, and on September 8, 2021 the Federal Reserve recorded that "Dealers perceive no end in sight" and that "new cars being delivered to dealers are largely already spoken for," while the Commerce Department put the shortage in the Federal Register on September 24; in September 2021 the industry employed 80,000 fewer people than in February 2020.¹⁸⁵ An operation ordered suspended through June 30 had not been restored on July 1; the orders' own step dates fix the arithmetic, and the interconnected-economy section states it. Third, the counterparties on which each function depends were themselves under the orders in (B): the federal fleet offices, the hospital fleets, the ports, the rail carriers, the borders, the courts, the title offices, the schools; the industry's functions were interrupted by orders addressed to others in the sense Q&A-12 recognizes and the United States has admitted. Fourth, the federal general layer and the workforce orders were in force on every day and reached every employer in the industry.¹⁸⁶

(E) The answers to the Service's grounds for the quarter

That no orders were in effect: the instruments in (B) were in effect, with dates, and the Service's sentence describes a quarter that did not occur. That the industry was "essential": the designation permitted repair; it exempted no showroom from Honolulu's Exhibit B, no dealership from the Cal/OSHA standard or the New York plan, no counter from the exposure-control orders of ten States and a dozen metros, and the statute does not use the word. That the industry could sell by telephone: remote selling is the compelled modification, not the absence of one, and a vehicle is delivered by hand. That the orders reached customers, not the business: Honolulu named "New and used car and truck dealerships"; Cal/OSHA, the HERO Act and 16VAC25-220 named every employer; the face-covering orders named every business. That the measures were voluntary: a prevention program adopted because Cal. Code Regs. tit. 8, § 3205 required it and a showroom placed under face-covering controls in Clark County under a misdemeanor ordinance are not voluntary. That the effect was nominal: an industry whose lots were emptied by the plant and border orders, whose showrooms were placed under exposure-control conditions in the largest markets, whose federal and hospital fleet customers were under attestation and vaccination orders and whose exposed technicians were quarantined by blanket order had more than a nominal portion of its operations delayed, interrupted or terminated, and the ten percent figure is, by the United States' own account, a safe harbor and not a floor. That the orders had lifted: the orders in (B) had not; the orders that had lifted are named below.¹⁸⁷

(F) The finding

During the calendar quarter beginning July 1, 2021 and ending September 30, 2021, orders from appropriate governmental authorities limiting commerce, travel and group meetings due to COVID-19, namely the federal workplace, contractor, conveyance, rail, port, border and entry orders (Ex. FED-060; Ex. FED-272; Ex. FED-020; Ex. FED-051; Ex. FED-052; Ex. AGY-AVIATION-SURFACE-014; the Captain of the Port conditions under 33 C.F.R. §§ 160.111 and 160.216 (Ex. LAW-308) recorded in Ex. AGY-USCG-PORTS-037; Ex. FED-233; Ex. FED-256; Ex. FED-200; Ex. FED-207; Ex. FED-208; Ex. FED-038), the Hawaii and Honolulu orders (Ex. HI-023; Ex. HI-024; Ex. HI-025; Ex. MET-HNL-032; Ex. MET-HNL-033; Ex. MET-HNL-035; Ex. MET-HNL-037; Ex. MET-HNL-038), the State workplace standards and exposure-prevention plans (Ex. CA-024; Ex. CA-067; Ex. VA-037; Ex. VA-038; Ex. NY-136; Ex. NY-127; Ex. OR-049; Ex. AGY-ST-LABOR-WORKPLACE-055), the State and metro exposure-control orders (universal indoor face coverings), quarantine orders and vaccination orders (Ex. NV-041; Ex. NV-042; Ex. DC-057; Ex. LA-036; Ex. LA-038; Ex. LA-040; Ex. OR-048; Ex. NM-067; Ex. NM-070; Ex. WA-078; Ex. WA-080; Ex. IL-042; Ex. IL-043; Ex. MET-LA-018; Ex. MET-LA-021; Ex. MET-SFO-010; Ex. MET-SFO-011; Ex. MET-PHL-019; Ex. MET-CHI-026; Ex. MET-DFW-028; Ex. MET-MSY-029; Ex. MET-BOS-013; Ex. MET-DEN-025; Ex. MET-SEA-002; Ex. MET-NYC-017), the notarial and court instruments and the proclamations extending the motor-vehicle emergency provisions (Ex. LA-037; Ex. LA-039; Ex. AGY-ST-DMV-SOS-RECORDERS-040; Ex. AGY-ST-DMV-SOS-RECORDERS-042; Ex. TX-040; Ex. HI-068; Ex. WV-067, issued July 20, 2021, the vehicle-inspection suspension it ended from October 1 having run through September 30), together with the appointment-only regime of the District's motor-vehicle agency to July 19-20 and California's extension of commercial driver's licenses on September 2, recorded in Ex. DC-082 and Ex. AGY-ST-DMV-SOS-RECORDERS-017, and the emergency and regulatory instruments of the remaining States, tribes and territories (Ex. GA-042; Ex. GA-043; Ex. AL-052; Ex. AR-017; Ex. TN-034; Ex. TN-035; Ex. NC-001; Ex. NC-031; Ex. KY-056; Ex. IN-068; Ex. IN-092; Ex. TX-036; Ex. TX-038; Ex. CO-055; Ex. CO-091; Ex. AZ-005; Ex. IA-039; Ex. MN-040; Ex. MO-020; Ex. NE-068; Ex. UT-025; Ex. MA-067; Ex. MD-058; Ex. RI-054; Ex. VA-045; Ex. ME-061; Ex. VT-059; Ex. AGY-TRIBAL-040; Ex. AGY-TRIBAL-054; Ex. AGY-TERRITORIES-033; Ex. AGY-TERRITORIES-110), caused a temporary delay, interruption or termination of a more than nominal portion of the operations of employers in this industry throughout the United States.¹⁸⁸ They did so by conditioning every Hawaii dealership on Exhibit B, every California dealership and shop on a written prevention program with exclusion pay, every New York employer on an exposure prevention plan and every Virginia workplace on 16VAC25-220; by placing the showrooms, service drives and parts counters of ten States and a dozen metros under airborne-transmission controls from July 17, 2021 onward; by quarantining exposed technicians by blanket order; by conditioning every federal and hospital fleet engagement on attestation, testing or vaccination; by keeping the borders, the ports, the rail yards and the entry of the manufacturers' personnel under orders on every day; by keeping the title offices, the courts and the notarial regimes under emergency instruments; and by leaving the lots emptied by the plant and semiconductor orders that the Commerce Department and the Federal Reserve recorded in the same quarter.

What this analysis does not claim was in force

The proof for the third quarter of 2021 rests on none of the following, each of which had expired before July 1, 2021: the showroom-closure, remote-sales and appointment orders of March through June 2020 (Ex. PA-004; Ex. PA-053; Ex. PA-010; Ex. MI-017; Ex. MI-030; Ex. NJ-004 ¶ 6; Ex. NY-091; Ex. NY-092; Ex. NV-064; Ex. NV-014; Ex. NV-016; Ex. CO-016; Ex. CO-020; Ex. DE-013; Ex. MN-010; Ex. RI-074; Ex. KY-008; Ex. WA-017; Ex. WA-031; Ex. ME-008; Ex. NM-006; Ex. MD-006; Ex. MA-008; Ex. CT-007; Ex. VT-010; Ex. DC-005; Ex. IL-005; Ex. HI-004; Ex. MET-HNL-006; Ex. MET-HNL-009; Ex. MET-DFW-079; Ex. MET-DFW-007; Ex. MET-SFO-002; Ex. MET-LA-004); the capacity, dealership and face-covering (exposure-control) regimes that expired between March 10 and July 1, 2021 (Ex. TX-029 as to its operating limits; Ex. TX-043; Ex. CO-051; Ex. NC-029; Ex. NY-054; Ex. NY-117; Ex. CT-046 as to the rules it repealed; Ex. VA-017; Ex. MA-048; Ex. PA-022; Ex. PA-033; Ex. NV-038 as to distancing; Ex. NV-074; Ex. IL-037 as to Phase 4; Ex. SEC-08-010; Ex. KY-017; Ex. KY-049 as to the regime it rescinded; Ex. CA-027; Ex. CA-029 as to the Blueprint it replaced; Ex. MET-LA-015; Ex. MET-LA-016; Ex. MI-076 as to the orders it rescinded; Ex. WA-065; Ex. OR-035; Ex. OR-043 as to the orders it rescinded; Ex. ME-057; Ex. NM-057; Ex. OK-080 (Norman, expired June 1, 2021)); the winter re-tightening orders (Ex. CA-020; Ex. MET-LA-012; Ex. MET-LA-071; Ex. CO-037; Ex. IL-031; Ex. NV-030; Ex. PA-028; Ex. MA-040; Ex. NM-039; Ex. WA-047; Ex. DE-033; Ex. RI-029; Ex. DC-015; Ex. MET-STL-074); the 2020 motor-vehicle closures and the Texas waiver (Ex. NY-002 as to the DMV directive; Ex. MI-012; Ex. NJ-107; Ex. PA-102; Ex. IL-055; Ex. IL-056; Ex. IL-058; Ex. OH-012; Ex. SEC-08-004; Ex. SEC-08-005; Ex. TX-069; Ex. NE-044; Ex. MI-038; Ex. ME-032; Ex. ME-040; Ex. OR-057; Ex. NY-054 as to the county offices); Michigan's plant closure and MIOSHA rules (Ex. MI-011; Ex. MI-026; Ex. MI-054; Ex. AGY-ST-LABOR-WORKPLACE-062); the Mexican decrees of 2020 (Ex. FOR-007; Ex. FOR-008); Proclamations 10014, 10052 and 10131 (Ex. FED-210; Ex. FED-211; Ex. FED-213); the federal occupancy cap and the 2020 OMB telework memoranda (Ex. FED-270; Ex. FED-264; Ex. FED-268); TSA Security Directive 1582/84-21-01 (Ex. FED-050); the Families First mandate and rule (Ex. FED-170; Ex. FED-171; Ex. ECO-B-003); Executive Order 14042 and the OMB determination under it (Ex. FED-063; Ex. FED-275), whose contract clauses applied from October 15, 2021 and which are cited only for what the order recites and for the compliance preparation it compelled; the USCIS closure and the 2020 visa suspension (Ex. FED-324; Ex. FED-327); the CISA advisory lists (Ex. SEC-08-001; Ex. SEC-08-002; Ex. SEC-08-003; Ex. SEC-08-006), which were advisory in their own terms and are cited only for what the States incorporated; and the instruments dated after September 30, 2021, cited only for what they recite (Ex. FED-209; Ex. HI-029; Ex. RI-065, signed September 30, 2021 and effective October 1, 2021; Ex. SEC-08-031; Ex. ECO-A-100; Ex. MET-DCM-047). Instruments that expired within the quarter (Ex. MET-HNL-030 to July 8; Ex. DE-038 to July 13; Ex. CT-046 to July 20; Ex. RI-047 as to the orders it terminated July 6; Ex. AL-079 as to the emergency it terminated July 6; Ex. MD-073 and Ex. AGY-ST-DMV-SOS-RECORDERS-042 to August 15; Ex. RI-071 to August 31; Ex. TN-034 to August 6 (superseded by Ex. TN-035); Ex. NC-030 to July 30; Ex. MI-080 as to the orders it rescinded July 26; Ex. SC-054 to August 27; Ex. MO-018 to August 27; Ex. AR-017 to September 27; Ex. AGY-TRIBAL-020 to August 12; Ex. MT-041 to July 12; Ex. FED-051 to September 13; Ex. FED-034 to August 1) are claimed only for the days they ran. Instruments issued within the quarter whose operative requirements took effect after it (Ex. MET-SEA-001, whose verification-of-vaccination requirement applied to indoor establishments from October 25, 2021; Ex. WV-067, whose termination of the vehicle-inspection suspension took effect October 1, 2021; Ex. TN-037, whose extension took effect October 5, 2021) are claimed only for their issuance and for what they recite of the instruments then in force. Executive Order 243 (Ex. NJ-051), Executive Order 21-15 (Ex. OR-043), Executive Order 2021-386 (Ex. KY-049), the MDHHS rescission (Ex. MI-076), Executive Order N-07-21 (Ex. CA-027) and Executive Order 2021-16 (Ex. AZ-044) are named here as the instruments that ended earlier requirements and are claimed only for the emergency and regulatory provisions they continued, not for what they ended. Nor does the proof rest on the enactments and orders of 2021 that barred or ended State and local requirements (Ex. TX-036 as to its prohibitions; Ex. TX-031; Ex. FL-060; Ex. FL-059; Ex. FL-030; Ex. FL-063 as to its opt-out; Ex. GA-043 as to its prohibitions; Ex. MO-021; Ex. ND-078; Ex. ND-080; Ex. ND-082; Ex. KS-040 as to its terminations; Ex. KS-074; Ex. OK-042; Ex. OK-043; Ex. AL-062; Ex. AL-078; Ex. SC-045; Ex. IA-046; Ex. IA-047; Ex. MT-072; Ex. MT-073; Ex. MT-042; Ex. WY-055; Ex. WV-063; Ex. MN-041; Ex. NE-067 as to its rescissions), cited only for the dates on which they ended, barred or displaced other instruments.¹⁸⁹