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

October 7, 2020
 
NOTICE OF ENFORCEMENT DISCRETION DETERMINATION

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 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 2020-007, dated October 7, 2020, issued by FMCSA’s Regional Field Administrators for the Southern and Western Service Centers, including any future amendments or extensions or limitations to that notice.  This Notice will expire upon the termination or expiration of Regional Emergency Declaration 2020-007, including any future amendments and extensions.

This Notice: 

1. Acknowledges the anticipated widespread damage from heavy rains, strong winds, storm surge, high surf, and flooding in the Affected States as a result of Hurricane Delta as set forth in Regional Declaration of Emergency 2020-007;
2. Considers the interests of public safety and the immediate need to alleviate the effects of Hurricane Delta;
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.

Wiley Deck, Deputy Administrator
Federal Motor Carrier Safety Administration