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Code · BILL · 114th Congress · H.R. 22 (EAS) — 114 HR 22 EAS: Developing a Reliable and Innovative Vision for the Economy Act · Sec. 32201

Sec. 32201. Petitions for regulatory relief

715 words·~3 min read·/bill/114/hr/22/eas/section-32201·

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Notwithstanding subpart C of part 381 of title 49, Code of Federal Regulations, the Secretary shall allow an applicant representing a class or group of motor carriers to apply for a specific exemption from any provision of the regulations under part 395 of title 49, Code of Federal Regulations, for commercial motor vehicle drivers. The Secretary shall establish the procedures for the application for and the review of an exemption under subsection (a). Not later than 30 days after the date of receipt of an application for an exemption, the Secretary shall publish the application in the Federal Register and provide the public with an opportunity to comment.
Each application shall be available for public comment for a 30-day period, but the Secretary may extend the opportunity for public comment for up to 60 days if it is a significant or complex request. Beginning on the date that the public comment period under subparagraph
(A)ends, the Secretary shall have 60 days to review all of the comments received. At the end of the 60-day period under paragraph (3)(B), the Secretary shall publish a determination in the Federal Register, including— the reason for granting or denying the application; and if the application is granted— the specific class of persons eligible for the exemption; each provision of the regulations to which the exemption applies; and any conditions or limitations applied to the exemption. In making a determination whether to grant or deny an application for an exemption, the Secretary shall consider the safety impacts of the request and may provide appropriate conditions or limitations on the use of the exemption. If an application is denied and the applicant can reasonably address the reason for the denial, the Secretary may allow the applicant to resubmit the application. Except as provided in paragraph
(2)of this subsection and subsection (f), each exemption granted under this section shall be valid for a period of 5 years unless the Secretary identifies a compelling reason for a shorter exemption period. At the end of the 5-year period under paragraph (1)— the Secretary, at the Secretary's discretion, may renew the exemption for an additional 5-year period; or an applicant may apply under subsection
(a)for a permanent exemption from each applicable provision of the regulations. No exemption under this section may be granted to or used by any motor carrier that has an unsatisfactory or conditional safety fitness determination. The Secretary shall make permanent the following limited exceptions: Department of Defense Military Surface Deployment and Distribution Command transport of weapons, munitions, and sensitive classified cargo as published in the Federal Register Volume 80 on April 16, 2015 (80 Fed. Reg. 20556). Department of Energy transport of security-sensitive radioactive materials as published in the Federal Register Volume 80 on June 22, 2015 (80 Fed. Reg. 35703). Motor carriers that transport hazardous materials shipments requiring security plans under regulations of the Pipeline and Hazardous Materials Safety Administration as published in the Federal Register Volume 80 on May 1, 2015 (80 Fed. Reg. 25004). Perishable construction products as published in the Federal Register Volume 80 on April 2, 2015 (80 Fed. Reg. 17819). Passenger vehicle record of duty status change as published in the Federal Register Volume 80 on June 4, 2015 (80 Fed. Reg. 31961). Transport of commercial bee hives as published in the Federal Register Volume 80 on June 19, 2018. (80 Fed. Reg. 35425). Specialized carriers and drivers responsible for transporting loads requiring special permits as published in the Federal Register Volume 80 on June 18, 2015 (80 Fed. Reg. 34957). Safe transport of livestock as published in the Federal Register Volume 80 on June 12, 2015 (80 Fed. Reg. 33584). The Secretary may make any temporary exemption from any provision of the regulations under part 395 of title 49, Code of Federal Regulations, for commercial motor vehicle drivers that is in effect on the date of enactment of this Act permanent if the Secretary determines that the permanent exemption will not degrade safety. The Secretary shall provide public notice and comment on a list of the additional temporary exemptions to be made permanent under this paragraph. The Secretary may revoke an exemption issued under this section if the Secretary can demonstrate that the exemption has had a negative impact on safety.
Connections8 off-index
8 references not yet in our index
  • 80 FR 20556
  • 80 FR 35703
  • 80 FR 25004
  • 80 FR 17819
  • 80 FR 31961
  • 80 FR 35425
  • 80 FR 34957
  • 80 FR 33584
Citation graph
cites case law
Sec. 32201
Petitions for regulatory relief
Fed. Reg.80 FR 20556
Fed. Reg.80 FR 35703
Fed. Reg.80 FR 25004
Fed. Reg.80 FR 17819
Fed. Reg.80 FR 31961
Cites 8 · showing 5Cited by 0 across 0 sources
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