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Notice of Enforcement Discretion Determination, August 1, 2018

US Department of Transportation
Federal Motor Carrier Safety Administration
1200 New Jersey Avenue, SE, Washington, DC 20590

August 1, 2018
NOTICE OF ENFORCEMENT DISCRETION DETERMINATION

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 Notice 2018-004, dated August I, 2018, issued by the FMC A 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 notice, including any future extensions.

This notice:

  1. Acknowledges the severe damage sustained as a result of extreme dry heat and wildfires in the states of California, Oregon and Washington;
  2. Considers the interests of safety and the immediate need to alleviate the effects of wildfires;
  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

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