[Federal Register Volume 61, Number 210 (Tuesday, October 29, 1996)]
[Notices]
[Pages 55835-55836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27748]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[FHWA Docket No. MC-96-40]
Motor Carrier Regulatory Relief and Safety Demonstration Project
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Supplemental notice; request for comments.
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SUMMARY: The FHWA is inviting comment on the issue of Federal
preemption of State motor carrier laws or regulations as they may
relate to the proposed Motor Carrier Regulatory Relief and Safety
Demonstration Project (the Project). The Project itself was originally
proposed, and comment thereon sought, by a notice dated August 28, 1996
(61 FR 44385). The Project would allow motor carriers operating certain
commercial motor vehicles (CMVs) in interstate commerce to qualify for
exemption from certain Federal Motor Carrier Safety Regulations
(FMCSRs) for a three year period.
DATES: Written comments pursuant to this notice must be received on or
before November 29, 1996.
[[Page 55836]]
ADDRESSES: Submit written, signed comments to FHWA Docket No. MC-96-40,
Room 4232, HCC-10, Office of the Chief Counsel, Federal Highway
Administration, 400 Seventh Street, SW., Washington, D.C. 20590. All
comments received will be available for examination at the above
address from 8:30 a.m. to 3:30 p.m., e.t., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Robert F. Schultz, Jr., Office of
Motor Carrier Research and Standards, (202) 366-4009, or Ms. Grace
Reidy, Office of the Chief Counsel, (202) 366-0834, Federal Highway
Administration, DOT, 400 Seventh Street, SW., Washington, D.C. 20590.
Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION: On November 28, 1995, the President signed
the National Highway System Designation Act (Pub. L. 104-59, 109 Stat.
568 (1995)(NHS Act)). Section 344 of the NHS Act, now codified at 49
U.S.C. 31136, mandated that the FHWA implement a pilot program for
motor carriers operating CMVs with a gross vehicle weight rating
between 10,001 and 26,000 pounds in interstate commerce to qualify for
exemption from certain of the FMCSRs (49 CFR Part 350 et seq.). Notice
was given on August 28, 1996, proposing the Motor Carrier Regulatory
Relief and Safety Demonstration Project, and seeking comment thereon.
The comment period closed on September 27, 1996; a notice of final
determination will be published as soon as practicable.
Docket comments received concerning the Project raised the issue of
the relation between this Project and the existing motor carrier
regulations of the States, and the potential use of Federal preemption
to resolve any conflicts between the Federal and State provisions. This
notice solicits further public comment upon this issue.
Section 31141 of Title 49, United States Code, provides the
Secretary with the authority to preempt a State law or regulation that
is less stringent than a regulation issued pursuant to 49 U.S.C. 31136.
A State law or regulation that is additional to or more stringent than
a Federal statute may also be preempted if the Secretary determines
that it has no safety benefit, is incompatible with the regulations
prescribed by the Secretary, or that enforcement of the State law or
regulation would cause an unreasonable burden on interstate commerce.
In its August 28, 1996, notice, the FHWA stated that it is seeking
to implement the Project in partnership with the States. Some
commenters have asserted that relief from the enforcement of Federal
rules will have little value to participating motor carriers without
relief from similar State laws or regulations. Accordingly, the FHWA
requests comments, particularly from the various States, from the
highway safety community, and from the motor carrier industry, on the
need for, and the extent of, any Federal preemption of State laws to
ensure that the Project is effectively and efficiently executed.
As stressed in the notice of August 28, 1996, notwithstanding the
FHWA's preemption authority, it is FHWA's stated intent to implement
this Project in a cooperative manner with the States. This Project is
designed to minimize the disruption to the States and motor carriers,
and to facilitate an examination of the effect of performance-based
standards on a group of motor carriers while continuing to assure a
high level of highway safety. With the cooperation of FHWA's State
partners, this Project could provide data which will serve as the
foundation for a new regulatory scheme which advances the public safety
interests of the FHWA and the States effectively and efficiently.
(49 U.S.C. 31136 and 31141; 49 CFR 1.48)
Issued on: October 23, 1996.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 96-27748 Filed 10-28-96; 8:45 am]
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