Notice of Enforcement Discretion - Emergency Declaration 2020-002 - COVID-19 - 03-20-2020

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

March 20, 2020

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, including passenger carriers requesting temporary authority to transport property, in order to provide direct assistance to emergency relief efforts pursuant to the Regional Emergency Declaration 2020-002, the original Declaration dated March 13, 2020 and the Expanded Regional Emergency Declaration dated March 18, 2020, including any future amendments or extensions or limitations to the Declaration.  Regional Emergency Declaration 2020-002 was issued following the declaration of emergency by the President under 42 U.S.C. § 5191(b) related to outbreaks of Coronavirus Disease 2019 (COVID-19).  This Notice will expire upon the termination or expiration of Regional Emergency Declaration 2020-002, including any future extensions.

This Notice:            

1. Acknowledges the National emergency conditions creating a need for immediate transportation of essential supplies, equipment and persons as a result of COVID-19 outbreaks as set forth in Regional Declaration of Emergency 2020-002;
2. Considers the interests of public safety and the immediate need for emergency relief;
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.

Jim Mullen, Acting Administrator
Federal Motor Carrier Safety Administration