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Notice of Enforcement Discretion - Regional Emergency Declaration 2019-007 - California Wildfires - 10-28-2019

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

October 28, 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 Declaration of Emergency 2019-007, dated October 28, 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 Declaration of Emergency 2019-007, including any future amendments and extensions.

This Notice:

  1. Acknowledges the severe anticipated damage and threat to public health and safety from wildfires and extreme weather, including unprecedented high winds, in the State of California as set forth in Regional Declaration of Emergency 2019-007;
  2. Considers the interests of safety and the immediate need to alleviate the effects of the wildfires;
  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.

signed

Raymond P. Martinez, Administrator
Federal Motor Carrier Safety Administration

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