Function by Function
Each of the ten functions of a trucking, logistics, warehousing, wholesale or distribution business was reached by orders in each of the six quarters, and for each the determination follows in the statute's words. The instruments are identified by class in the text and by exhibit number in the notes.
DS, dispatch and brokerage
The dispatch office and the brokerage floor were offices under the telework and workforce-reduction mandates of New York (fifty percent on March 20, one hundred percent on March 22, 2020, outside the essential list), New Jersey (Executive Order 107's telework direction and Executive Order 192's protocols), Pennsylvania (the November 23, 2020 order that "all businesses must conduct their operations remotely" unless impossible, to April 4, 2021), Michigan (the MIOSHA rule prohibiting in-person work that could feasibly be done remotely, October 14, 2020 to June 22, 2021), and the office caps of Massachusetts, Colorado, Illinois and California; the dispatcher's counterparties, the shipping office and the receiving desk, were closed or sent home by the same orders; and the load itself ran through the border, quarantine and port orders of the six-quarter section.138
A brokerage whose own office ran at half its staff by order, whose shippers' offices were closed and whose loads ran through checkpoints and border notices had a portion of its operation delayed and interrupted because of those orders in every quarter of 2020 and the first half of 2021; in the third quarter of 2021 the New York plans, the State standards and the metro face-covering orders, exposure controls on the office as a workplace, governed its office and the border notices its loads. The operation of dispatch and brokerage was partially suspended in each of the six quarters because of the telework and workforce-reduction mandates, the customer closures and the border, quarantine and port orders named above.
DR, drivers and routes
Drivers ran under the traveler-quarantine and checkpoint orders (Texas GA-12; Florida's Executive Orders 20-82 and 20-86; Rhode Island's stops; Alaska's Health Mandate 010; Vermont's Addendum 7; Maine's Executive Order 34; Hawaii's quarantines; New York's Executive Order 205; Connecticut's 7III; Massachusetts Order 45; Chicago's order; Pennsylvania's test-or-quarantine order), the land-border notices for twenty months, the lodging and plaza closures, the dine-in closures at every truck stop, the State face-covering orders on every yard and dock from the spring and summer of 2020 (airborne-transmission controls on the workplace, standing alone in some instruments and beside screening and distancing duties in others), and from February 1, 2021 the conveyance order's control at every port, port of entry and rail yard and in every multi-occupant cab.139 In the third quarter of 2021 the routes through Louisiana, Nevada, Oregon, Washington, Illinois, New Mexico, Hawaii and the District and into the freight hubs listed in the third-quarter inventory ran under face-covering orders, the borders remained at essential travel, and the health-care and federal receivers admitted drivers only under their own orders.
A load that a checkpoint stopped, a quarantine line re-routed, a border notice documented or a closed plaza delayed was a delivery delayed or interrupted because of the order, and the operation of the route was partially suspended due to it; a cab placed under the federal airborne-transmission control and a dock placed under a county face-covering order were operations conducted under compelled workplace exposure controls of the kind the Notice itself lists.
WH, warehouse and dock
The floor ran under New Jersey's eleven rules from April 10, 2020 and Executive Order 192 to June 4, 2021 and, for unvaccinated or unverified employees, through the third quarter of 2021 under Executive Orders 242 and 243; New York's fifty percent occupancy and six-foot guidance for wholesale trade from May 15, 2020 to June 15, 2021; Ohio's sector sheet from May 4, 2020 to June 2, 2021; Minnesota's plans from April 27, 2020 to June 30, 2021; Pennsylvania's Worker Safety Order from April 19, 2020 to May 31, 2021; Massachusetts' standards from May 18, 2020 to May 29, 2021; Virginia's standard from July 27, 2020 through the period; Michigan's rules from October 14, 2020 to June 22, 2021; Oregon's from November 16, 2020 through the period; California's Cal/OSHA standard from November 30, 2020 through the period; Washington's rule from May 26, 2020 through the period; New Mexico's reporting rule; the county protocol orders of Los Angeles, the Bay Area, San Diego, Oakland and Wayne Counties and King County from March and April 2020; Detroit's twenty-five-page order of October 9, 2020; the face-covering orders of every State and metro named in the six-quarter section, airborne-transmission controls on the floor as a workplace; and, from July 7, 2021, OSHA's programmed inspection of every general warehouse in the country.140
A warehouse ordered to run at half its occupancy, to keep six feet, to stagger its shifts and breaks, to bar visitors, to screen and exclude workers, to mask and glove every picker at its own expense and to adopt a written plan on pain of civil penalties had its operation modified by order in every quarter; the Notice lists those very modifications as a partial suspension where they have more than a nominal effect, and the United States told the District Court that a business "required to suspend certain operations for certain purposes" is partially suspended.141 The operation of the warehouse and dock was partially suspended in each of the six quarters because of those workplace orders and, in the third quarter of 2021, because of the State standards, the New York plans, the metro face-covering orders (workplace exposure controls on the floor) and OSHA's programmed inspections.
MT, maintenance
The shop was a workplace under the same standards, face-covering orders and exposure-prevention plans as the dock; its parts came from plants Michigan, Ohio, Indiana and Pennsylvania closed in the spring of 2020 and from foreign plants under closure decrees; New Jersey's inspection facilities were closed from March 16 to July 7, 2020; the drug-testing collection sites its technicians used were closed or limited from April 4, 2020 through the period; and the Defense Production Act orders and the scarce-materials designation governed every purchase of the protective equipment the orders required it to use.142
A shop that could not obtain parts because the plant was closed by order, could not inspect because the station was closed by order and ran under face-covering and distancing controls because the standard required them was partially suspended due to those orders.
CS, customer facilities
Every pickup and delivery occurred at a dock governed by the receiver's orders: the closed store, restaurant, office, construction site and plant of 2020; the capped and protocol-bound dock of the reopening; the winter re-closures; the hospital and nursing-home visitor bans, screening and, from June 21, 2021, the Healthcare ETS; the health-care-worker vaccination orders of nine States and the District on health-care receivers in the third quarter of 2021; the Task Force's attestation rules at every federal facility from July 29, 2021; the vaccination-proof conditions of New York City, San Francisco, New Orleans and Honolulu on the industry's foodservice and beverage customers.143
The Notice's Q&A-12 makes an employer eligible where a governmental order on a counterparty suspends the counterparty's operations and the employer's operations are suspended because of it, and the United States told the Ninth Circuit that "a business may be suspended 'due to' a government order addressing a third party."144 A closed receiving dock is a suspended delivery; a receiver's screening, visitor and attestation rules are the conditions under which the delivery was made; each is an order limiting the carrier's commerce. The operation of pickup and delivery at customer facilities was partially suspended in each of the six quarters because of the closure, capacity, protocol, visitor, vaccination and attestation orders on the receivers.
PT, ports, rail and air cargo
The Captains of the Port's orders and the vessel-reporting and facility-security regulations, which the Coast Guard's bulletins implemented and recorded, governed every vessel, facility, crew change and credential from March 2020; the Defense Production Act orders and the land-border notices governed the cargo that crossed the gate; the conveyance order governed every port and port of entry from February 1, 2021, and the Coast Guard's MSIB 02-21 implemented it on every vessel and at every sea port from the same day; the FRA's Emergency Order No. 32 governed every freight rail operation from February 26, 2021; the FAA's exemptions governed cargo in passenger cabins; the port authorities' access orders implemented the State and county orders at the gate; the Federal Maritime Commission's fact-finding recorded the congestion; the county face-covering orders of every port county, exposure controls on every terminal as a workplace, overlaid the federal rule from July 17, 2021.145
A terminal whose every worker and every entering driver was placed under the federal airborne-transmission control, whose crew changes ran under the Captains of the Port's conditions and whose access ran under the port authority's order was operating under orders limiting commerce and travel on every day from February 1 through September 30, 2021, and under the Defense Production Act, land-border, State and county workplace and port-access orders and the Captains of the Port's conditions before that. The operation of the port, rail and air-cargo functions was partially suspended in each of the six quarters because of the Captains of the Port's orders and maritime regulations the Coast Guard's bulletins implemented, the Defense Production Act and land-border orders on the cargo, the State and county orders that reached every terminal as a workplace and, from February 1, 2021, the conveyance and rail orders.
HR, hiring, licensing and testing
Motor-vehicle agencies closed their offices in nearly every State between March 16 and 27, 2020, as their notices record; skills tests were cancelled; California suspended behind-the-wheel tests again from December 2020 to January 11, 2021 and, by its release of September 2, 2021, ran every commercial license expiring since March 2020 on an extension through November 30, 2021; New Jersey extended commercial credentials to December 31, 2020; drug-and-alcohol collection sites were closed or limited from April 4, 2020 through December 31, 2021, as the Department of Transportation's enforcement statements record; the Coast Guard's bulletins record the extension of mariner credentials to October 31, 2021 and TWIC enforcement discretion to January 1, 2022; FMCSA's own record states that COVID-19 "impacted SDLAs and their operating statuses."146
An employer that could not hire a driver because the State would not test him, could not certify him because the collection site was closed and could not renew his license because the office was shut had its hiring delayed because of the closures of the offices under the States' emergency orders; the delay is a suspension of a portion of the operation, and it ran, in California, through the end of the third quarter of 2021 by the DMV's own extension.
OP, office and administration
Billing, safety, compliance and claims ran from offices the telework and occupancy orders reached and filed with agencies whose counters were closed; the court orders of every State governed every collection matter and every permit dispute; the New York plans, the State standards and the metro face-covering orders, exposure controls on the office as a workplace, governed the office in the third quarter of 2021.147
An office ordered to zero in-person staff, capped at a percentage or placed under face-covering and screening controls by order, and an agency counter closed by order, are delays and interruptions of a portion of the operation due to the orders; the operation of office and administration was partially suspended in each of the six quarters because of them.
WF, workforce availability
The orders that reached the workforce were the school closures of every State in the spring of 2020; the FFCRA leave mandate from April 1 to December 31, 2020; the State quarantine and isolation orders that removed exposed workers for ten to fourteen days (San Diego, Riverside, Los Angeles, Dane County and the State frameworks) through the third quarter of 2021; the transit face-covering and service-reduction rules on every commute, the former an airborne-transmission control made a condition of riding; the school masking and quarantine orders of sixteen States and the District for the 2021-22 year; and the school-rule orders of Tennessee, Montana and North Carolina.148
Drivers and dock labor cannot telework; a worker confined by a quarantine order, a parent kept home by a school closure or a quarantine of the child, and a commuter refused boarding under the transit face-covering rule are workers removed from the floor by order, and the floor's operation was partially suspended due to those orders.
CB, the customer base
The orders on the customer base were the customer-side orders of every other industry: dine-in closures in every State (March 15 to April 3, 2020) with capacity steps to the spring of 2021 and Hawaii's fifty percent cap in the third quarter of 2021; non-essential retail closures and curbside periods; mall closures; construction shutdowns in Pennsylvania, New York, New Jersey, Michigan, Washington and the Boston and Bay Area metros; manufacturing closures in Michigan, Pennsylvania, New York, New Jersey, Minnesota and Washington; personal-care closures in every State; the winter re-closures of ten States; the gathering caps that emptied every venue; the vaccination-proof orders of four cities on restaurants, bars and venues in the third quarter of 2021; and the land-border limitation on every Canadian and Mexican customer.149
A wholesaler whose customers were closed by order sold nothing to them because of the order; a carrier whose lanes served closed docks moved nothing on them because of the order. The statute's object is "commerce," and the commerce those orders limited was this industry's. The operation of the industry's commerce with its customer base was partially suspended in each of the six quarters because of those orders.