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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 OF ENFORCEMENT DISCRETION DETERMINATION No. 2024-009

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

October 4, 2024

NOTICE OF ENFORCEMENT DISCRETION DETERMINATION
No. 2024-009

HURRICANE HELENE

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 Federal Motor Carrier Safety Administration (FMCSA) has exercised agency discretion and determined not to enforce the Temporary Operating Authority Registration fee provisions of 49 CFR § 360.3T(d)(2) and (f)(6) against those motor carriers requesting Temporary Operating Authority Registration to provide direct assistance to emergency relief efforts in the enumerated Affected States pursuant to Regional Declaration of Emergency and Extension of State Declarations No. 2024-008 issued by FMCSA on October 4, 2024, including any future amendments, extensions or limitations. This Notice will expire upon the expiration of Regional Declaration of Emergency and Extension of State Declarations 2024-008, including any future extensions.

This Notice:

  1. Acknowledges the severe damage that result from Hurricane Helene;
     
  2. Considers the interests of safety and the immediate need to alleviate the effects of Hurricane Helene;
     
  3. Creates no individual rights of action and establishes no precedent for future determinations; and
     
  4. Is inapplicable to motor carriers whose operating authority registration is revoked.

Issued this 4ᵗʰ day of October 2024
Vincent G. White, Deputy Administrator
Federal Motor Carrier Safety Administration

Last updated: Friday, October 4, 2024