FMCSA Extension of Notice of Enforcement Discretion Determination No. 2022-008
Federal Motor Carrier Safety Administration
1200 New Jersey Ave. SE
Washington, D.C. 20590
August 25, 2022
EXTENSION OF NOTICE OF ENFORCEMENT DISCRETION DETERMINATION
No. 2022-008
This document is a temporary notice of enforcement discretion. Regulated entities may rely on this notice as a safeguard from departmental enforcement as described herein. To the extent this notice includes guidance on how regulated entities may comply with existing regulations, it does not have the force and effect of law and is not meant to bind the regulated entities in any way.
This is a Notice that the United States Department of Transportation (USDOT), Federal Motor Carrier Safety Administration (FMCSA) has exercised agency discretion and determined not to enforce the hours of service regulations in 49 CFR § 395.3(b) against those motor carriers set forth herein while transporting Arms, Ammo, and Explosives (AA&E) for and/or at the request of the United States Department of Defense (DOD) subject to the conditions and restrictions set forth below.
The Notice applies only to the following motor carriers approved by DOD for the transportation of AA&E:
|
Motor Carrier |
USDOT Number |
|
|---|---|---|
| 1 | TNI USA, Inc dba AATCO | 513601 |
| 2 | AAT Carriers, Inc. | 1631930 |
| 3 | Alaska West Express, Inc. | 222 |
| 4 | Baggett Transportation Company | 105878 |
| 5 | Bennett Heavy & Specialized, LLC | 551221 |
| 6 | T F Boyle Transportation, Inc. | 111440 |
| 7 | Carlile Transportation Systems, LLC | 190356 |
| 8 | FEDEX Custom Critical, Inc. | 160025 |
| 9 | Green Valley Transportation Corp. | 434067 |
| 10 | Interstate Ventures, Inc. | 2024752 |
| 11 | Landstar Express America, Inc. | 438639 |
| 12 | Landstar Ranger, Inc. | 241572 |
| 13 | Lynden Transport, Inc. | 8294 |
| 14 | McCollister’s Transportation, Systems, Inc. | 805405 |
| 15 | Earl Paddock Transportation, Inc. dba Earl Paddock | 267827 |
| 16 | Prestera Trucking, Inc. | 279450 |
| 17 | PTS Worldwide, Inc. | 1835664 |
| 18 | Panther II Transportation, Inc. dba Panther Premium Logistics | 500737 |
| 19 | Bedrock, Inc. dba Tri-State Motor Transit Co. | 1007292 |
All motor carriers and their drivers are required to comply with all other applicable requirements under the Federal Motor Carrier Safety Regulations (FMCSRs) and applicable laws. A copy of this Notice must be carried in each vehicle operated in the United States and be made available to any Federal, State, or local law enforcement or commercial motor vehicle safety official.
This Notice acknowledges the need for expedited transportation of AA&E in support of overseas operations, the limited number of motor carriers approved for such transportation, the limited pool of cleared drivers, and the extremely short lead time for these shipments. This Notice creates no individual rights of action and establishes no precedent for future determinations.
This Notice is effective on September 1, 2022 and expires on September 30, 2022 or upon early termination by FMCSA, whichever is sooner. FMCSA intends to continually review the status of this Notice and may take action to modify or terminate the Notice before September 30, 2022 if conditions warrant.
Issued: August 25, 2022
Robin Hutcheson
Deputy Administrator
Last updated: Friday, August 26, 2022