49 C.F.R. Subpart D—Initiation of Pilot Programs
Title 49 - Transportation
(a) A pilot program is a study in which temporary regulatory relief from one or more FMCSR is given to a person or class of persons subject to the regulations, or a person or class of persons who intend to engage in an activity that would be subject to the regulations. (b) During a pilot program, the participants would be given an exemption from one or more sections or parts of the regulations for a period of up to three years. (c) A pilot program is intended for use in collecting specific data for evaluating alternatives to the regulations or innovative approaches to safety while ensuring that the safety performance goals of the regulations are satisfied. (d) The number of participants in the pilot program must be large enough to ensure statistically valid findings. (e) Pilot programs must include an oversight plan to ensure that participants comply with the terms and conditions of participation, and procedures to protect the health and safety of study participants and the general public. (f) Exemptions for pilot programs may be granted only from one or more of the requirements contained in the following parts and sections of the FMCSRs: (1) Part 382—Controlled Substances and Alcohol Use and Testing; (2) Part 383—Commercial Driver's License Standards; Requirements and Penalties; (3) Part 391—Qualifications of Drivers; (4) Part 392—Driving of Commercial Motor Vehicles; (5) Part 393—Parts and Accessories Necessary for Safe Operation; (6) Part 395—Hours of Service of Drivers; (7) Part 396—Inspection, Repair, and Maintenance (except for §396.25); and (8) Part 399—Step, Handhold and Deck Requirements. (a) Generally, pilot programs are initiated by the FMCSA when the agency determines that there may be an effective alternative to one or more of the requirements in the FMCSRs, but does not have sufficient research data to support the development of a notice of proposed rulemaking to change the regulation. (b) You may request the FMCSA to initiate a pilot program. However, the decision of whether to propose a pilot program will be made at the discretion of the FMCSA. The FMCSA is not required to publish a notice in the (a) You may send a written statement (for example, a typed or handwritten (printed) letter) to the Federal Motor Carrier Safety Administrator, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590. (b) You should identify the persons or class of persons who would be covered by the pilot program exemptions. Your letter should include: (1) Your name, job title, mailing address, and daytime telephone number; (2) The name of the individuals or motor carrier that would be responsible for the use or operation of CMVs covered by the pilot program, if there are motor carriers that have expressed an interest in participating in the program; (3) Principal place of business for the motor carrier (street address, city, State, and zip code); and (4) The USDOT identification number for the motor carrier. (c) You should provide a written statement that: (1) Presents your estimate of the potential benefits to the motor carrier industry, the FMCSA, and the general public if the pilot program is conducted, and describes how you developed your estimate; (2) Estimates of the amount of time that would be needed to conduct the pilot program (e.g., the time needed to complete the collection and analysis of data); (3) Identifies the regulation from which the participants would need to be exempted; (4) Recommends a reasonable number of participants necessary to yield statistically valid findings; (5) Provides ideas or suggestions for a monitoring plan to ensure that participants comply with the terms and conditions of participation; (6) Provides ideas or suggestions for a plan to protect the health and safety of study participants and the general public. (7) Assesses the safety impacts the pilot program exemption may have; and (8) Provides recommendations on how the safety measures in the pilot project would be designed to achieve a level a safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the regulation. (d) Your recommendation should include a copy of all research reports, technical papers, publications and other documents you reference. You should contact the Office of Bus and Truck Standards and Operations, Federal Motor Carrier Safety Administration, 400 Seventh Street, SW., Washington, DC 20590. The telephone number is (202) 366–1790. (a) The Federal Motor Carrier Safety Administration will review your suggestion for a pilot program and make a recommendation to the Administrator. The final decision whether to propose the development of a pilot program based upon your recommendation will be made by the Administrator. (b) You will be sent a copy of the Administrator's decision. If the pilot program is approved, the agency will follow the administrative procedures contained in subpart E of this part.
Title 49: Transportation
PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS
Subpart D—Initiation of Pilot Programs
§ 381.400 What is a pilot program?
§ 381.405 Who determines whether a pilot program should be initiated?
§ 381.410 What may I do if I have an idea or suggestion for a pilot program?
§ 381.415 Who should I contact if I have questions about the information to be included in my suggestion?
§ 381.420 What will the FMCSA do after the agency receives my suggestion for a pilot program?
