Attachment G - 49 CFR Part 381.400

Federal Motor Carrier Safety Administration, DOT
resources
locator
(URL):
http://
www.regulations.gov. It is available 24
hours each day, 365 days each year.
Please follow the instructions online
for more information and help.
[63 FR 67608, Dec. 8, 1998, as amended at 72
FR 55700, Oct. 1, 2007]

§ 381.320 How long will it take the
agency to respond to my application for an exemption?
The agency will attempt to issue a
final decision within 180 days of the
date it receives your application. However, if you leave out important details
or other information necessary for the
FMCSA to prepare a meaningful request for public comments, the agency
will attempt to issue a final decision
within 180 days of the date it receives
the additional information.
§ 381.325 Who should I contact if I
have questions about the information I am required to submit to the
FMCSA or about the status of my
application for an exemption?
You should contact the Federal
Motor Carrier Safety Administration,
Office of Bus and Truck Standards and
Operations (MC–PS), 1200 New Jersey
Ave., SE., Washington, DC 20590–0001.
[63 FR 67608, Dec. 8, 1998, as amended at 72
FR 55700, Oct. 1, 2007]

§ 381.330 What am I required to do if
the FMCSA grants my application
for an exemption?
(a) You must comply with all the
terms and conditions of the exemption.
(b) The FMCSA will immediately revoke your exemption if:
(1) You fail to comply with the terms
and conditions of the exemption;
(2) The exemption has resulted in a
lower level of safety than was maintained before the exemption was granted; or
(3) Continuation of the exemption is
determined by the FMCSA to be inconsistent with the goals and objectives of
the FMCSRs.

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Subpart D—Initiation of Pilot
Programs
§ 381.400 What is a pilot program?
(a) A pilot program is a study in
which temporary regulatory relief from

§ 381.405

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.
§ 381.405 Who determines whether a
pilot program should be initiated?
(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

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