[Federal Register Volume 67, Number 248 (Thursday, December 26, 2002)]
[Notices]
[Pages 78855-78856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32584]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2002-13295]


Oregon Department of Transportation Application for Exemptions 
for Farmers

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemptions; request for comments.

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SUMMARY: The FMCSA has received an application from the Oregon 
Department of Transportation (ODOT) for exemptions from all the Federal 
regulatory requirements concerning parts and accessories necessary for 
the safe operation of commercial motor vehicles (CMVs) and concerning 
the inspection, repair and maintenance of CMVs on behalf of motor 
carriers certified by and registered with ODOT as farmers. ODOT 
believes that enforcing its general rules of the road and vehicle 
safety regulations would ensure that the level of safety for the 
farmers is equivalent to or greater than the level of safety that would 
be achieved by complying with the Federal regulations. The exemptions, 
if granted, would preempt inconsistent local requirements in Oregon 
applicable to interstate commerce.

DATES: We must receive your comments on or before January 27, 2003.

ADDRESSES: You can mail or hand deliver comments to the U.S. Department 
of Transportation, Dockets Management Facility, Room PL, 401-400 
Seventh Street, SW., Washington, DC 20590-0001. You can also submit 
comments at http://dmses.dot.gov. Please include the docket number that 
appears in the heading of this document. You can examine and copy this 
document and all comments received at the same Internet address or at 
the Dockets Management Facility from 9 a.m. to 5 p.m., e.t., Monday 
through Friday, except Federal holidays. If you want to know that we 
received your comments, please include a self-addressed, stamped 
postcard.

FOR FURTHER INFORMATION CONTACT: Mr. Larry W. Minor, Office of Bus and 
Truck Standards and Operations, (202) 366-4009, Federal Motor Carrier 
Safety Administration, 400 Seventh Street, SW., Washington, D.C. 20590-
0001. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday 
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Sections 31315 and 31136 of title 49 of the United States Code 
(U.S.C.) provide the FMCSA with authority to grant exemptions from the 
Federal Motor Carrier Safety Regulations (FMCSRs). An exemption 
provides relief from one or more FMCSRs given to a person or class of 
persons subject to the regulations. An exemption provides the person or 
class of persons with relief from the regulations for up to two years, 
and may be renewed. These sections also require the agency to consider 
whether the terms and conditions for the exemption would achieve a 
level of safety that is equivalent to, or greater than, the level of 
safety that would be obtained by complying with the regulations when 
evaluating applications for exemptions.
    On December 8, 1998, FMCSA published an interim final rule 
implementing section 4007 of the Transportation Equity Act for the 21st 
Century (TEA-21)(codified at 49 U.S.C. 31315) (See 63 FR 67600). The 
regulations at 49 CFR part 381 establish the procedures to be followed 
to request waivers and to apply for exemptions from the FMCSRs, and the 
provisions used to process them.
    The agency must publish a notice in the Federal Register for each 
exemption requested, explaining the request that has been filed; 
providing the public with an opportunity to inspect the safety analysis 
and any other relevant information known to the agency; and requesting 
public comment on the exemption (See 49 U.S.C. 31136(e)(1) and 49 CFR 
part 381.315).
    Before granting a request for an exemption, the agency must publish 
a notice in the Federal Register identifying: (1) who will receive the 
exemption, (2) what regulation is covered by the exemption, (3) how 
long the exemption is in effect, and (4) all terms and conditions of 
the exemption. The terms and conditions established by the FMCSA must 
ensure that the exemption will likely achieve a level of safety that is 
equivalent to, or greater than, the level that would be achieved by 
complying with the regulation.

ODOT Application for an Exemption

    ODOT applied for exemptions from all the requirements of 49 CFR 
Parts 393 and 396 on behalf of all motor carriers certified and 
registered with ODOT as farmers. A copy of the application is included 
in the docket referenced in the heading to this notice. There are 
currently 14,000 motor carriers in this category operating in both 
interstate and intrastate commerce. The exemption would apply only when 
these carriers engage in transportation related to farm operations and 
the commercial motor vehicle (CMV) is registered with ODOT as a farm 
vehicle. The exemption would not apply when a carrier operates as a 
for-hire carrier.
    ODOT asserts the exemption would have no effect on the enforcement 
of Oregon laws and regulations concerning rules of the road and vehicle 
equipment. The State believes that its motor vehicle safety regulations 
would provide adequate safety requirements for the interstate operation 
of farm vehicles.
    ODOT indicated that it requests the exemption primarily because the 
State may lose Motor Carrier Safety Assistance Program (MCSAP) funding 
from the FMCSA for having laws and regulations, applicable to 
interstate operations, that are less stringent than the Federal 
requirements. ODOT asserts that based on discussions with legislators 
and public meetings with farm groups, it is unlikely that the Oregon 
legislature would revise current law.
    ODOT stated that the exemption would be consistent with the long-
standing practice of Oregon safety officials. Since 1978, Oregon 
statutes have included an exemption for farm vehicles that are less 
than 80,000 pounds. Interstate farmers have been treated the same as 
intrastate farmers with regard to safety regulations. The State does 
not believe this practice has had an adverse impact on safety based on 
its review of reportable crashes in Oregon.
    The State defines a reportable crash as one in which there is a 
fatality, injury, or damage exceeding $1,000. From 1995 through 2001, 
commercial farm trucks were involved in 89 reportable crashes, 
resulting in 7 fatalities. The total number of crashes for all 
commercial vehicles during the same time period was 11,767 including 
459 fatalities. With regard to crash causation, the State indicated 
that during calendar year 2001, only 3 percent of all reportable 
crashes in Oregon were attributable, in whole or in part, to the 
mechanical condition of the commercial vehicle.

Number of Commercial Motor Vehicles That Would Be Exempted

    While there are approximately 14,000 motor carriers certified and 
registered with ODOT as farmers, only about half

[[Page 78856]]

of these carriers have been issued farm license plates. ODOT's Driver 
and Motor Vehicle Services Division has issued approximately 37,000 
farm license plates for trucks operating in Oregon. However, because of 
the seasonal nature of farm work, it is estimated that only 13,000 farm 
plates are valid at any given time. The difference between the number 
of farmers and the number of farm license plates arises because the 
plates are issued for seasons, and depending on what the farmers are 
growing they only operate CMVs during certain times of the year.

Method to Ensure an Equivalent or Greater Level of Safety

    ODOT believes the level of safety for farmers operating under the 
exemption would be equivalent to the level of safety that would be 
provided by the Federal safety regulations because the State would 
continue to enforce its rules of the road and equipment regulations 
applicable to all motorists and motor vehicles. Farm vehicles are 
currently required to comply with State requirements related to parts 
and accessories, including brakes, lights, mudguards and fenders, 
emissions and exhaust, windows, horns, mirrors, etc. Furthermore, ODOT 
has the authority to inspect any vehicle to verify compliance. By 
publication of this notice the FMCSA hopes to receive data enabling the 
agency to determine whether to grant or deny this exemption.

Potential Impacts If the Exemption is Not Granted

    ODOT believes that if the exemption is not granted, the State would 
no longer be eligible for participation in MCSAP. For fiscal year 2003, 
it is estimated that Oregon will receive $2,009,000 in basic grant 
funds and an additional $437,481 in incentive funds.

Request for Comments

    In accordance 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA requests 
public comment from all interested parties on ODOT's application for an 
exemption from all the Safety requirements of Subchapter B to Chapter 
III, title 49 of the CFR. The agency may grant or deny the application 
based on the comments received, and any other relevant information that 
is available to the agency.

    Issued on: December 20, 2002.
Annette M. Sandberg,
Deputy Administrator.
[FR Doc. 02-32584 Filed 12-24-02; 8:45 am]
BILLING CODE 4910-EX-P