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§350.307 — Compatibility review: Procedures for obtaining a new exemption

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.

   Reason: