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Notice of Enforcement Discretion Determination (State of Texas-Tornados)

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

October 22, 2019

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 Emergency Declaration 2019-006 , dated October 22, 2019, issued by FMCSA's Regional Field Administrator for the Western Service Center, including any future amendments or extensions or limitations to that notice. This Notice will expire upon the termination or expiration of Regional Emergency Declaration 2019-006, including any future amendments and extensions.

This Notice:

  1. Acknowledges the current and anticipated damage from tornados, high winds, heavy rains and flooding in the State of Texas as a result of severe storms as set forth in Regional Declaration of Emergency 2019-006;
  2. Considers the interests of public 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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