§ 350.307 How may a State obtain a new exemption for State laws or regulations for a specific industry involved in intrastate commerce?
Wording effective July 24, 2020, superseded November 18, 2024.
TheFMCSA fundswill obligatedonly consider a State's request to exempt a specific industry from all or part of a State's willlaws remainor availableregulations forapplicable to intrastate commerce if the restState submits adequate documentation containing information allowing FMCSA to evaluate:
(a) The type and scope of the fiscalindustry yearexemption inrequest, whichincluding theythe werepercentage obligatedof the industry it affects, number of vehicles, mileage traveled, and number of companies it involves;
(b) The type and scope of the nextrequirement fullto fiscalwhich year.the exemption would apply;
(c) The Statesafety mustperformance accountof forthat anyspecific priorindustry year's(e.g., unexpendedcrash fundsfrequency, rates, and comparative figures);
(d) Inspection information (e.g., number of violations per inspection, and driver and vehicle out-of-service information);
(e) Other CMV safety regulations enforced by other State agencies not participating in MCSAP;
(f) The commodity the annualindustry CVSPtransports (e.g., Fundslivestock mustor begrain);
(g) expendedSimilar inexemptions granted and the ordercircumstances inunder which they arewere obligatedgranted;
(h) The justification for the exemption; and
(i) Any identifiable effects on safety.
FMCSA will only consider a State's request to exempt a specific industry from all or part of a State's laws or regulations applicable to intrastate commerce if the State submits adequate documentation containing information allowing FMCSA to evaluate:
(a) The type and scope of the industry exemption request, including the percentage of the industry it affects, number of vehicles, mileage traveled, and number of companies it involves;
(b) The type and scope of the requirement to which the exemption would apply;
(c) The safety performance of that specific industry (e.g., crash frequency, rates, and comparative figures);
(d) Inspection information (e.g., number of violations per inspection, and driver and vehicle out-of-service information);
(e) Other CMV safety regulations enforced by other State agencies not participating in MCSAP;
(f) The commodity the industry transports (e.g., livestock or grain);
(g) Similar exemptions granted and the circumstances under which they were granted;
(h) The justification for the exemption; and
(i) Any identifiable effects on safety.
Amendment history
3 distinct wordings on file since Oct. 1, 2000- Oct. 1, 2000 → July 24, 2020annual editions 2000–2016
A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.