[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR350.343]



[Page 31-32]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 350_COMMERCIAL MOTOR CARRIER SAFETY ASSISTANCE PROGRAM--Table 

of Contents

 

                            Subpart C_Funding

 

Sec. 350.343  How may a State obtain a new exemption for State laws and 

regulations for a specific industry involved in intrastate commerce?



    The FMCSA strongly discourages exemptions for specific industries, 

but will consider such requests if the State submits documentation 

containing information supporting evaluation of the following 10 

factors:

    (a) Type and scope of the industry exemption requested, including 

percentage of industry affected, number of vehicles, mileage traveled, 

number of companies involved.

    (b) Type and scope of the requirement to which the exemption would 

apply.



[[Page 32]]



    (c) Safety performance of that specific industry (e.g., accident 

frequency, rates and comparative figures).

    (d) Inspection information (e.g., number of violations per 

inspection, driver and vehicle out-of-service information).

    (e) Other CMV safety regulations enforced by other State agencies 

not participating in the MCSAP.

    (f) Commodity transported (e.g., livestock, grain).

    (g) Similar variations granted and the circumstances under which 

they were granted.

    (h) Justification for the exemption.

    (i) Identifiable effects on safety.

    (j) State's economic environment and its ability to compete in 

foreign and domestic markets.