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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Notice 0f Enforcement Discretion Determination September 4, 2018


Federal Motor Carrier Safety Administration
1200 New Jersey Ave. NE, Washington, D.C. 20590

September 4, 2018

This is a Notice that the Federal Motor Carrier Safety Administration has exercised agency discretion and determined not to enforce the Temporary Operating Authority Registration fee provisions of 49 C.F.R. 360.3T(d)(2) and (f)(6) against those motor carriers requesting Temporary Operating Authority Registration in order to provide direct assistance to emergency relief efforts pursuant to the Regional Declaration of Emergency 201 8-006, dated September 4, 2018, issued by FMCSA's Regional Field Administrator for the Southern Service Center and Field Administrator for the Western Service Center, including any future amendments or extensions or limitations to that notice. This Notice will expire upon the expiration of the Regional Declaration of Emergency 2018-006, including any future extensions.

This Notice:

  1. Acknowledges the severe anticipated damage from high winds, storm surge, and flooding in the Affected States set forth in Regional Declaration of Emergency 2018-006 as a result of Tropical Storm Gordon which may intensify into a hurricane;
  2. Considers the interests of safety and the immediate need to alleviate the effects of the storm;
  3. Creates no individual rights of action and establishes no precedent for future determinations;
  4. Is inapplicable to motor carriers whose operating authority registration is suspended or revoked.

Raymond P. Martinez, Administrator

Federal Motor Carrier Safety Administration

Last updated: Tuesday, September 4, 2018