H. R. 2400—295
‘‘(1) AUTOMOBILE
TRANSPORTER.—The term ‘automobile
transporter’ means any vehicle combination designed and used
specifically for the transport of assembled highway vehicles,
including truck camper units.’’.
SEC. 4006. INSPECTIONS AND REPORTS.
(a) GENERAL POWERS OF THE SECRETARY.—Section 31133(a)(1)
is amended by inserting ‘‘and make contracts for’’ after ‘‘conduct’’.
(b) REPORTS
AND RECORDS.—Section 504(c) is amended by
inserting ‘‘(and, in the case of a motor carrier, a contractor)’’ after
‘‘employee’’.
SEC. 4007. WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS.
(a) IN GENERAL.—Section 31315 is amended to read as follows:
‘‘§ 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 deter-
mines 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.
H. R. 2400—296
‘‘(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 informa-
tion known to the Secretary and to comment on the request.
This subparagraph does not require the release of informa-
tion 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 exemp-
tion 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 Sec-
retary shall grant or deny an exemption request after a thor-
ough 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
ENFORCE-
MENT PERSONNEL.—Before granting a request for exemption,
the Secretary shall notify State safety compliance and enforce-
ment 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 pro-
grams 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.
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‘‘(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 com-
ply 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 partici-
pants 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 regula-
tion that conflicts with or is inconsistent with the waiver, exemp-
tion, or pilot program with respect to a person operating under
the waiver or exemption or participating in the pilot program.’’.
(b) CHAPTER ANALYSIS AMENDMENT.—The analysis for chapter
313 is amended by striking the item relating to section 31315
and inserting the following:
‘‘31315. Waivers, exemptions, and pilot programs.’’.
(c) CONFORMING AMENDMENT.—Section 31136(e) of such title
is amended to read as follows:
‘‘(e) EXEMPTIONS.—The Secretary may grant in accordance with
section 31315 waivers and exemptions from, or conduct pilot pro-
grams with respect to, any regulations prescribed under this sec-
tion.’’.
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(d) PROTECTION OF EXISTING EXEMPTIONS.—The amendments
made by this section shall not apply to or otherwise affect a waiver,
exemption, or pilot program in effect on the day before the date
of enactment of this Act under chapter 313 or section 31136(e)
of title 49, United States Code.
SEC. 4008. SAFETY REGULATION.
(a) COMMERCIAL MOTOR VEHICLE DEFINED.—Section 31132(1)
is amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘or gross vehicle weight’’ after ‘‘rating’’;
and
(B) by inserting ‘‘, whichever is greater’’ after ‘‘pounds’’;
and
(2) in subparagraph (B) by striking ‘‘passengers’’ and all
that follows through the semicolon at the end and inserting
‘‘more than 8 passengers (including the driver) for compensa-
tion;’’.
(b) APPLICATION
OF REGULATIONS
TO CERTAIN COMMERCIAL
MOTOR VEHICLES.—Effective on the last day of the 1-year period
beginning on the date of enactment of this Act, regulations pre-
scribed under section 31136 of title 49, United States Code, shall
apply to operators of commercial motor vehicles described in section
31132(1)(B) of such title (as amended by subsection (a)) to the
extent that those regulations did not apply to those operators on
the day before such effective date, except to the extent that the
Secretary determines, through a rulemaking proceeding, that it
is appropriate to exempt such operators of commercial motor
vehicles from the application of those regulations.
(c) REPEAL OF REVIEW PANEL.—Section 31134, and the item
relating to such section in the analysis for chapter 311, are repealed.
(d) REPEAL OF SUBMISSION TO REVIEW PANEL.—Section 31140,
and the item relating to such section in the analysis for chapter
311, are repealed.
(e) REVIEW PROCEDURE.—Section 31141 is amended—
(1) by striking subsections (b) and (c) and inserting the
following:
‘‘(b) SUBMISSION
OF REGULATION.—A State receiving funds
made available under section 31104 that enacts a State law or
issues a regulation on commercial motor vehicle safety shall submit
a copy of the law or regulation to the Secretary immediately after
the enactment or issuance.
‘‘(c) REVIEW AND DECISIONS BY SECRETARY.—
‘‘(1) REVIEW.—The Secretary shall review State laws and
regulations on commercial motor vehicle safety. The Secretary
shall decide whether the State law or regulation—
‘‘(A) has the same effect as a regulation prescribed
by the Secretary under section 31136;
‘‘(B) is less stringent than such regulation; or
‘‘(C) is additional to or more stringent than such regula-
tion.
‘‘(2) REGULATIONS
WITH
SAME
EFFECT.—If the Secretary
decides a State law or regulation has the same effect as a
regulation prescribed by the Secretary under section 31136
of this title, the State law or regulation may be enforced.
‘‘(3) LESS
STRINGENT
REGULATIONS.—If the Secretary
decides a State law or regulation is less stringent than a