---
kind: "section"
citation: "49 C.F.R. § 350.307"
title: "49"
number: "350.307"
heading: "Compatibility review: Procedures for obtaining a new exemption."
url: "https://uscodex.org/cfr/49/350.307"
---

# §350.307. Compatibility review: Procedures for obtaining a new exemption.


FMCSA will only consider a State's request to exempt a specific industry from all or part of a State's laws or regulations applicable to intrastate commerce if the State submits adequate documentation containing information allowing FMCSA to evaluate:

- (a) The type and scope of the industry exemption request, including the percentage of the industry it affects, number of vehicles, mileage traveled, and number of companies it involves;
- (b) The type and scope of the requirement to which the exemption would apply;
- (c) The safety performance of that specific industry (e.g., crash frequency, rates, and comparative figures);
- (d) Inspection information (e.g., number of violations per inspection, and driver and vehicle out-of-service information);
- (e) Other CMV safety regulations enforced by other State agencies not participating in MCSAP;
- (f) The commodity the industry transports (e.g., livestock or grain);
- (g) Similar exemptions granted and the circumstances under which they were granted;
- (h) The justification for the exemption; and
- (i) **Any identifiable effects on safety.**

## Notes

### Authority

Authority: 49 U.S.C. 504, 13902, 31101, 31102, 31104, 31106, 31108, 31136, 31141, 31161, 31310, 31311, 31502; secs. 5106 and 5107, Pub. L. 114-94, 129 Stat. 1312, 1530; and 49 CFR 1.87.

### Source

Source: 85 FR 37796, June 24, 2020, unless otherwise noted.