Notice of Enforcement Discretion Determination 09-20-17

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

September 19, 2017
NOTICE OF ENFORCEMENT DISCRETION DETERMINATION
ALABAMA, CONNECTICUT, DELAWARE, DISTRICT OF COLUMBIA, FLORIDA, GEORGIA, MAINE, MARYLAND, MASSACHUSETTS, MISSISSIPPI, NEW HAMPSHIRE, NEW JERSEY, NEW YORK, NORTH CAROLINA, PENNSYLVANIA, RHODE ISLAND, SOUTH CAROLINA, TENNESSEE, VERMONT, VIRGINIA, WEST VIRGINIA, COMMONWEALTH OF PUERTO RICO AND THE TERRITORY OF THE U.S. VIRGIN ISLANDS

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 Amended;

Regional Declaration of Emergency, dated September 19, 2017, issued by the FMCSA Regional Field Administrators for the Southern and Eastern Service Centers, including any future amendments or extensions or limitations. This Notice will expire. upon the expiration of the Amended Regional Declaration of Emergency, including any future extensions.

This Notice:

1. Acknowledges the anticipated severe damage that is expected to result from Hurricanes Irma, Jose and/or Maria in the States of Alabama, Connecticut, Delaware, Florida, Georgia, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West Virginia and the District of Columbia, the Commonwealth of Puerto Rico and the territory of the U.S. Virgin Islands;
2. Considers the interests of safety and the immediate need to alleviate the effects of Hurricanes Irma, Jose and Maria;
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