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Notice Of Enforcement Discretion Determination 09-11-17

Federal Motor Carrier Safety Administration
Deputy Administrator
1200 New Jersey Avenue, SE
Washington DC, 20590

September 11, 2017

NOTICE OF ENFORCEMENT DISCRETION DETERMINATION
ARKANSAS, ILLINOIS, INDIANA, KENTUCKY, MISSOURI, OHIO

This is a Notice that the Federal Motor Carrier Safety Administration (FMCSA) 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 to provide direct assistance to emergency relief efforts pursuant to the Regional Declaration of Emergency, dated September 11, 2017, issued by the FMCSA Regional Field Administrators for the Southern and Midwestern Service Centers, including any future amendments or extensions or limitations.  This Notice will expire upon the expiration of the Regional Declaration of Emergency, including any future extensions.

This Notice:

  1. Acknowledges the anticipated severe damage that is expected to result from Hurricane Irma in the States of:  Arkansas, Illinois, Indiana, Kentucky, Missouri, and Ohio.
  2. Considers the interests of safety and the immediate need to alleviate the effects of Hurricane Irma;
  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 revoked.

Daphne Y. Jefferson, Deputy Administrator
Federal Motor Carrier Safety Administration

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