49 C.F.R. § 350.307 — How may a State obtain a new exemption for State laws or regulations for a specific industry involved in intrastate commerce?
§ 350.307 How may a State obtain a new exemption for State laws or regulations for a specific industry involved in intrastate commerce? 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.