US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 49USC31315]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                           PART B--COMMERCIAL
 
             CHAPTER 313--COMMERCIAL MOTOR VEHICLE OPERATORS
 
Sec. 31315. Waivers, exemptions, and pilot programs

    (a) Waivers.--The Secretary may grant a waiver that relieves a 
person from compliance in whole or in part with a regulation issued 
under this chapter or section 31136 if the Secretary determines that it 
is in the public interest to grant the waiver and that the waiver is 
likely to achieve a level of safety that is equivalent to, or greater 
than, the level of safety that would be obtained in the absence of the 
waiver--
        (1) for a period not in excess of 3 months;
        (2) limited in scope and circumstances;
        (3) for nonemergency and unique events; and
        (4) subject to such conditions as the Secretary may impose.

    (b) Exemptions.--
        (1) In general.--Upon receipt of a request pursuant to paragraph 
    (3), the Secretary of Transportation may grant to a person or class 
    of persons an exemption from a regulation prescribed under this 
    chapter or section 31136 if the Secretary finds such exemption would 
    likely achieve a level of safety that is equivalent to, or greater 
    than, the level that would be achieved absent such exemption. An 
    exemption may be granted for no longer than 2 years from its 
    approval date and may be renewed upon application to the Secretary.
        (2) Authority to revoke exemption.--The Secretary shall 
    immediately revoke an exemption if--
            (A) the person fails to comply with the terms and conditions 
        of such exemption;
            (B) the exemption has resulted in a lower level of safety 
        than was maintained before the exemption was granted; or
            (C) continuation of the exemption would not be consistent 
        with the goals and objectives of this chapter or section 31136, 
        as the case may be.

        (3) Requests for exemption.--Not later than 180 days after the 
    date of enactment of this section and after notice and an 
    opportunity for public comment, the Secretary shall specify by 
    regulation the procedures by which a person may request an 
    exemption. Such regulations shall, at a minimum, require the person 
    to provide the following information for each exemption request:
            (A) The provisions from which the person requests exemption.
            (B) The time period during which the requested exemption 
        would apply.
            (C) An analysis of the safety impacts the requested 
        exemption may cause.
            (D) The specific countermeasures the person would undertake 
        to ensure an equivalent or greater level of safety than would be 
        achieved absent the requested exemption.

        (4) Notice and comment.--
            (A) Upon receipt of a request.--Upon receipt of an exemption 
        request, the Secretary shall publish in the Federal Register a 
        notice explaining the request that has been filed and shall give 
        the public an opportunity to inspect the safety analysis and any 
        other relevant information known to the Secretary and to comment 
        on the request. This subparagraph does not require the release 
        of information protected by law from public disclosure.
            (B) Upon granting a request.--Upon granting a request for 
        exemption, the Secretary shall publish in the Federal Register 
        the name of the person granted the exemption, the provisions 
        from which the person will be exempt, the effective period, and 
        all terms and conditions of the exemption.
            (C) After denying a request.--After denying a request for 
        exemption, the Secretary shall publish in the Federal Register 
        the name of the person denied the exemption and the reasons for 
        such denial. The Secretary may meet the requirement of this 
        subparagraph by periodically publishing in the Federal Register 
        the names of persons denied exemptions and the reasons for such 
        denials.

        (5) Applications to be dealt with promptly.--The Secretary shall 
    grant or deny an exemption request after a thorough review of its 
    safety implications, but in no case later than 180 days after the 
    filing date of such request.
        (6) Terms and conditions.--The Secretary shall establish terms 
    and conditions for each exemption to ensure that it will likely 
    achieve a level of safety that is equivalent to, or greater than, 
    the level that would be achieved absent such exemption. The 
    Secretary shall monitor the implementation of the exemption to 
    ensure compliance with its terms and conditions.
        (7) Notification of state compliance and enforcement 
    personnel.--Before granting a request for exemption, the Secretary 
    shall notify State safety compliance and enforcement personnel, 
    including roadside inspectors, and the public that a person will be 
    operating pursuant to an exemption and any terms and conditions that 
    will apply to the exemption.

    (c) Pilot Programs.--
        (1) In general.--The Secretary may conduct pilot programs to 
    evaluate alternatives to regulations relating to, or innovative 
    approaches to, motor carrier, commercial motor vehicle, and driver 
    safety. Such pilot programs may include exemptions from a regulation 
    prescribed under this chapter or section 31136 if the pilot program 
    contains, at a minimum, the elements described in paragraph (2). The 
    Secretary shall publish in the Federal Register a detailed 
    description of each pilot program, including the exemptions to be 
    considered, and provide notice and an opportunity for public comment 
    before the effective date of the program.
        (2) Program elements.--In proposing a pilot program and before 
    granting exemptions for purposes of a pilot program, the Secretary 
    shall require, as a condition of approval of the project, that the 
    safety measures in the project are designed to achieve a level of 
    safety that is equivalent to, or greater than, the level of safety 
    that would otherwise be achieved through compliance with the 
    regulations prescribed under this chapter or section 31136. The 
    Secretary shall include, at a minimum, the following elements in 
    each pilot program plan:
            (A) A scheduled life of each pilot program of not more than 
        3 years.
            (B) A specific data collection and safety analysis plan that 
        identifies a method for comparison.
            (C) A reasonable number of participants necessary to yield 
        statistically valid findings.
            (D) An oversight plan to ensure that participants comply 
        with the terms and conditions of participation.
            (E) Adequate countermeasures to protect the health and 
        safety of study participants and the general public.
            (F) A plan to inform State partners and the public about the 
        pilot program and to identify approved participants to safety 
        compliance and enforcement personnel and to the public.

        (3) Authority to revoke participation.--The Secretary shall 
    immediately revoke participation in a pilot program of a motor 
    carrier, commercial motor vehicle, or driver for failure to comply 
    with the terms and conditions of the pilot program or if continued 
    participation would not be consistent with the goals and objectives 
    of this chapter or section 31136, as the case may be.
        (4) Authority to terminate program.--The Secretary shall 
    immediately terminate a pilot program if its continuation would not 
    be consistent with the goals and objectives of this chapter or 
    section 31136, as the case may be.
        (5) Report to congress.--At the conclusion of each pilot 
    program, the Secretary shall report to Congress the findings, 
    conclusions, and recommendations of the program, including suggested 
    amendments to laws and regulations that would enhance motor carrier, 
    commercial motor vehicle, and driver safety and improve compliance 
    with national safety standards.

    (d) Preemption of State Rules.--During the time period that a 
waiver, exemption, or pilot program is in effect under this chapter or 
section 31136, no State shall enforce any law or regulation that 
conflicts with or is inconsistent with the waiver, exemption, or pilot 
program with respect to a person operating under the waiver or exemption 
or participating in the pilot program.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1029; Pub. L. 105-
178, title IV, Sec. 4007(a), June 9, 1998, 112 Stat. 401.)

                                          Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
           Revised  Section                    Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
31315.................................  49 App.:2711.                    Oct. 27, 1986, Pub. L. 99-570, Sec.
                                                                          12013, 100 Stat. 3207-186.
----------------------------------------------------------------------------------------------------------------

    The words ``Notwithstanding any other provision of this chapter'' 
are omitted as surplus.

                       References in Text

    The date of enactment of this section, referred to in subsec. 
(b)(3), probably means the date of enactment of Pub. L. 105-178, which 
amended this section generally and was approved June 9, 1998.


                               Amendments

    1998--Pub. L. 105-178 amended section catchline and text generally. 
Prior to amendment, text read as follows: ``After notice and an 
opportunity for comment, the Secretary of Transportation may waive any 
part of this chapter or a regulation prescribed under this chapter as it 
applies to a class of individuals or commercial motor vehicles if the 
Secretary decides the waiver is not contrary to the public interest and 
does not diminish the safe operation of commercial motor vehicles. A 
waiver under this section shall be published in the Federal Register 
with reasons for the waiver.''


                    Protection of Existing Exemptions

    For provisions making amendment by section 4007 of Pub. L. 105-178 
inapplicable to or otherwise not affecting waiver, exemption, or pilot 
program in effect the day before June 9, 1998, under this chapter or 
section 31136(e) of this title, see section 4007(d) of Pub. L. 105-178, 
set out as a note under section 31136 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 31136 of this title.