FMSCA Regulation 350.343
350.343 How may a State obtain a new exemption for State laws and regulations for a specific industry involved in intrastate commerce?
The FMCSA strongly discourages exemptions for specific industries, but will consider such requests if the State submits documentation containing information supporting evaluation of the following 10 factors:
(a) Type and scope of the industry exemption requested, including percentage of industry affected, number of vehicles, mileage traveled, number of companies involved.
(b) Type and scope of the requirement to which the exemption would apply.
(c) Safety performance of that specific industry (e.g., accident frequency, rates and comparative figures).
(d) Inspection information (e.g., number of violations per inspection, driver and vehicle out-of-service information).
(e) Other CMV safety regulations enforced by other State agencies not participating in the MCSAP.
(f) Commodity transported (e.g., livestock, grain).
(g) Similar variations granted and the circumstances under which they were granted.
(h) Justification for the exemption.
(i) Identifiable effects on safety.
(j) State's economic environment and its ability to compete in foreign and domestic markets.
