§ 381.315 - What will FMCSA do after the agency receives my application for an exemption?  


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  • § 381.315 What will the FMCSA do after the agency receives my application for an exemption?

    (a) The Federal Motor Carrier Safety Administration will review your application and prepare, for the Administrator's signature, a Federal Register notice requesting public comment on your application for an exemption. The notice will give the public an opportunity to review your request and your safety assessment or analysis (required by § 381.310) and any other relevant information known to the agency.

    (b) After a review of the comments received in response to the Federal Register notice described in paragraph (a) of this section, the Federal Motor Carrier Safety Administration will make a recommendation(s) to the Administrator to either to grant or to deny the exemption. Notice of the Administrator's decision will be published in the Federal Register.

    (c)

    (1) If the exemption is granted, the notice will identify the provisions of the FMCSRs from which you will be exempt, the effective period, and all terms and conditions of the exemption.

    (2) If the exemption is denied, the notice will explain the reason for the denial.

    (d) A copy of your application for an exemption and all comments received in response to the Federal Register notice will be included in a public docket and be available for review by interested parties.

    (1) Interested parties may view the information contained in the docket by visiting the Dockets Operations, U.S. Department of Transportation, Docket Management Facility, 1200 New Jersey Ave., Avenue SE., West Building, Ground Floor, Washington, DC 20590–0001. All information in the exemption docket will be available for examination at this address from 10 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays.

    (2) Internet users can access all information received by the Dockets Operations, U.S. Department of Transportation , Docket Management Facility by using the Federal Docket Management System using the uniform resources locator (URL): httphttps://www.regulations.gov. It is available 24 hours each day, 365 days each year. Please follow the instructions online for more information and help.

    [63 FR 67608, Dec. 8, 1998, as amended at 72 FR 55700, Oct. 1, 2007; 88 FR 80180, Nov. 17, 2023]