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Notice of Enforcement Discretion Determination for Regional Declaration of Emergency Notice 2018-005

August 23, 2018


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 2018-005, dated August 23, 2018, issued by the FMCSA 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 anticipated damage from high winds, storm surge, land slides and flooding in the State of Hawaii as a result of Hurricane Lane;
  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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