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Notice of Enforcement Discretion Determination, Regional Declaration of Emergency 2018-007

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

September 10, 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 (0(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 2018-007, dated September 10, 2018, issued by FMCSA's Regional Field Administrators for the Southern and Eastern Service Centers, including any future amendments or extensions or limitations to that notice. This Notice will expire upon the termination or expiration of Regional Declaration of Emergency 2018-007, including any future amendments and 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- 007 as a result of Hurricane Florence;
  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

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