MIC: COVID-19 Industry Updates & Resources

The Motorcycle Industry Council (MIC) leadership and Government Relations Office (GRO) are in daily contact with officials regarding the COVID-19 Coronavirus emergency. As such, they have written letters to federal officials including the president, vice president and House and Senate leadership requesting that powersports be considered essential critical infrastructure.

MIC has worked with the Americans for Responsible Recreational Access (ARRA) to implement a letter writing campaign that has gone out to more than 20,000 ARRA members, where concerned individuals can write to their members of congress and their governor with just a click of the send button.

The MIC GRO has participated in daily calls with elected officials and briefings with White House and Department Secretaries so they can advocate on your behalf and obtain the latest information regarding emergency actions.

Many emergency declarations have been made to limit business operations. In most cases, there are exceptions made for automobile operations including distribution, parts and services. Unless emergency declarations expressly exclude powersports, we are assuming that powersports are to be treated the same as automobiles.

The following resources will be useful as you navigate these uncharted roads during the Coronavirus outbreak. Be sure to check in frequently at https://mic.org/#/covid for updates and news as this dynamic situation continues to evolve.

MIC Outreach

The Government Relations team has sent letters to all 50 governors and multiple federal agencies including the office of the President of the United States. Copies of these letters will be available for you to view and download in the near future HERE.

ARRA Alert

The Americans for Responsible Recreational Access (ARRA) has a letter writing campaign that allows you to write to your members of congress and your governor with just a click of the send button. Click here to weigh in with your legislators.

Federal Resources

What is considered Essential Critical Infrastructure?
Department of Homeland Security (DHS)’s Cybersecurity & Infrastructure Security Agency (CISA) Guidelines on Identification of Essential Critical Infrastructure Business/Workers during the COVID-19 response.

As part of the DHS CISA’s Transportation and Logistics section, Essential Critical Infrastructure includes (emphasis added):

Employees supporting or enabling transportation functions, including dispatchers, maintenance and repair technicians, warehouse workers, truck stop and rest area workers, and workers that maintain and inspect infrastructure (including those that require cross-border travel)
Employees of firms providing services that enable logistics operations, including cooling, storing, packaging, and distributing products for wholesale or retail sale or use.
Automotive repair and maintenance facitlites
Manufacturers and distributors (to include service centers and related operations) of packaging materials, pallets, crates, containers, and other supplies needed to support manufacturing, packaging staging and distribution operations
Employees who repair and maintain vehicles, aircraft, rail equipment, marine vessels, and the equipment and infrastructure that enables operations that encompass movement of cargo and passengers.

HOWEVER, as noted in the CISA Memo, the above designation MAY NOT apply everywhere, given the right of local jurisdictions to implement their own response requirements. “We recognize that State, local, tribal and territorial governments are ultimately in charge of implementing and executing response activities in communities under their jurisdiction, while the Federal Government is in a supporting role. As State and local communities consider COVID-19-related restrictions, CISA is offering this list to assist prioritizing activities related to continuity of operations and incident response, including the appropriate movement of critical infrastructure workers within and between jurisdictions.

Accordingly, this list is advisory in nature. It is not, nor should it be considered to be, a federal directive or standard in and of itself.

In addition, these identified sectors and workers are not intended to be the authoritative or exhaustive list of critical infrastructure sectors and functions that should continue during the COVID-19 response. Instead, State and local officials should use their own judgment in using their authorities and issuing implementation directives and guidance. Similarly, critical infrastructure industry partners will use their own judgment, informed by this list, to ensure continued operations of critical infrastructure services and functions. All decisions should appropriately balance public safety while ensuring the continued delivery of critical infrastructure services and functions.”

mall businesses in the following designated states are currently eligible to apply for a low-interest loan due to Coronavirus (COVID-19):

Arizona
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Illinois
Indiana
Louisiana
Maine
Maryland
Massachusetts
Michigan
Montana
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
Ohio
Pennsylvania
Rhode Island
South Carolina
Tennessee
Utah
Virginia
Washington

Click here to apply

How do I know if the Families First Coronavirus Response Act (FFCRA), requires our business to provide employees with paid sick or family leave for specified reasons related to COVID-19?
These provisions will be administered and enforced by the United States Department of Labor’s Wage and Hour Division and will apply through December 31, 2020.
You may obtain more information from the Department of Labor.

Click Here for the Congressional summary of the FFCRA.

State Resources

States are taking action to address the COVID-19 Coronavirus emergency. The National Governors Association (NGA) is maintaining a website with regularly updated information which can be helpful to you.

If you scroll down to the State/Territorial Resource Pages and Other Select State Actions tab, they have links to all state declarations as well as the individual state resources.
Given the very fast-moving nature of closures and declarations, it is best to check the NGA website and click on individual states for additional information.

Many states are considering automobile manufacturing and service as essential services. Unless they expressly exclude powersports, we are assuming that powersports will be treated the same as automobiles.

For a full list of COVID-19 resource pages, CLICK HERE.

Quick access to key powersports state COVID-19 resource pages:
Alabama – statewide health order
California – Executive Order FAQs links critical infrastructure to the federal definition, which considers Automotive repair and maintenance facilities, manufacturers and distributors (to include service centers and related operations) of packaging materials, pallets, crates, containers, and other supplies needed to support manufacturing, packaging staging and distribution operations, and employees who repair and maintain vehicles, aircraft, rail equipment, marine vessels, and the equipment and infrastructure that enables operations that encompass movement of cargo and passengers, to be essential critical infrastructure.
Georgia – Coronavirus Guidelines
Illinois – Executive Order requiring to stay at home. Essential Infrastructure lists “….roads, highways, railroads, and public transportation…” but does not specify automobile related infrastructure. It does, however, indicate that “Essential Infrastructure shall be construed broadly to avoid any impacts to essential infrastructure, broadly defined.”
Iowa
Michigan – Small business loans for affected businesses approved.
Minnesota – Issued worker protections related to COVID-19.
Nebraska
Nevada– Declaration of Emergency Directive states that manufacturing may continue, but businesses must maintain strict social distancing practices and must comply with any COVID-19 risk mitigation policies further defined under the directive.
New Jersey – COVID-19/Novel Coronavirus Information for NJ Businesses
New York – Implemented “New York State on Pause” stay at home policy for 100 percent of the population effective March 22, 2020 with the exception of Essential Services which includes transportation infrastructure such as bus, rail, or for-hire vehicles, garages. It also allows you to request to be listed as an essential business under Executive Order 202.6 by filling out this form.
Ohio – Directors Order to Stay at Home allows for Essential Activities such as “…automobile supplies (including dealers, parts, supplies, repair and maintenance)…”. The order further notes that “Essential Infrastructure shall be construed broadly to avoid any impacts to essential infrastructure, broadly defined.”
Pennsylvania – The governor signed an Executive Order suspending all non-life sustaining businesses. The updated March 21^st announcement does not allow for transportation equipment manufacturing. It does allow for certain support activities for transportation. And it allows for repair and maintenance activities of automobiles.