[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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