Motor Carrier Regulatory Relief and Safety Demonstration Project

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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