COMMERCIAL MOTOR VEHICLE SAFETY PILOT PROGRAM.

SEC. 344. COMMERCIAL MOTOR VEHICLE SAFETY PILOT PROGRAM. Section 31136(e) of title 49, United States Code, is amended— (1) by inserting “(1) In general.—” before “After”; (2) by indenting paragraph (1), as designated by paragraph (1) of this section, and moving that paragraph 2 ems to the right; and (3) by adding at the end the following: “(2) Commercial motor vehicle safety pilot program.— “(A) In general.—Not later than the 270th day following the date of the enactment of this paragraph, the Secretary shall implement a commercial motor vehicle regulatory relief and safety pilot program (hereinafter in this paragraph referred to as the ‘program’) to grant and to monitor exemptions from the provisions of this section and sections 504 and 31502. The program shall provide that the Secretary, within 120 days after receiving an application for participation in the program from an employer, shall determine whether to exempt some or all of the eligible vehicles operated by the applicant, and some or all of the drivers of such vehicles employed by the applicant, from some or all of the regulations prescribed under this section and sections 504 and 31502— “(i) if the applicant has a satisfactory safety rating issued by the Secretary or meets criteria established by the Secretary pursuant to subparagraph (J) instead of such rating; and 109 STAT. 611 “(ii) if the applicant and the Secretary enter into an agreement that provides that the applicant while participating in the program— “(I) shall operate safely; “(II) shall provide the Secretary with accident and nonconfidential insurance-related information relevant to the safety performance of the applicant and vehicles and drivers of the applicant subject to the program; “(III) shall use in the program only drivers with good safety records in the preceding 36 months and who maintain such good safety records while in the program; and “(IV) shall implement such safety management controls as the Secretary (in cooperation with the applicant) determines are necessary to carry out the objectives of this subsection. “(B) Safety management controls.—Safety management controls implemented by participants in the program shall be designed to achieve a level of operational safety equal to or greater than that resulting from compliance with the regulations prescribed under this section and sections 504 and 31502. “(C) Paperwork burden to be minimized.—The Secretary shall ensure that participants in the program are subject to a minimum of paperwork and regulatory burdens necessary to ensure compliance with the requirements of the program. “(D) Encouragement of advanced technology.—The Secretary shall encourage participants in the program to use such advanced technologies as may be necessary to ensure compliance with the requirements of the program. “(E) Approval factors.—In approving applicants for participation in the program, the Secretary shall— “(i) ensure that the participants represent a broad cross-section of fleet size and drivers of eligible vehicles; and “(ii) ensure participation by qualified applicants, except to the extent limited by resources of the Secretary that are necessary to permit effective monitoring under subparagraph (G). “(F) Modifications to reflect changes in regulations.—If there is a material change in the regulations prescribed under this section or section 504 or 31502, the Secretary shall require each participant in the program to modify the safety management controls applicable to such participant, and the agreement provided for in subparagraph (A)(ii), to the extent necessary to reflect the material change. “(G) Monitoring.—The Secretary and participants in the program shall monitor periodically the safety of vehicles and drivers subject to the program. “(H) Termination of participation.—A participant shall participate in the program until— “(i) the Secretary finds that— 109 STAT. 612 “(I) the participant has exceeded the average ratio of preventable accidents to vehicle miles traveled for a period of 12 months for eligible vehicles; “(II) the participant has failed to comply with the requirements established by the Secretary for participation in the program (including applicable safety management controls); or “(III) continued participation in the program is not in the public interest; or “(ii) the participant voluntarily withdraws from the program. “(I) Emergencies.—The Secretary may suspend or modify participation in the program in case of emergency. “(J) Guidelines.— “(i) In general.—Not later than the 270th day following the date of the enactment of this paragraph, the Secretary, after notice and opportunity for comment, shall establish criteria and define any terms necessary for implementing the program consistent with this section. In establishing the criteria, the Secretary may consider to what extent and under what conditions safety management controls may substitute, in whole or in part, for compliance with some or all of the regulations prescribed under this section and sections 504 and 31502. “(ii) Limitation.—Notwithstanding clause (i), the program shall take effect on or before the 270th day following the date of the enactment of this paragraph. If the rulemaking described in clause (i) is not completed on or before such 270th day, the Secretary shall issue interim criteria, consistent with this section, pending the completion of the rulemaking described in this subsection. “(K) Eligible vehicles.—For purposes of this subsection, the term ‘eligible vehicle’ means a commercial motor vehicle with a gross vehicle weight rating of at least 10,001 pounds, but not more than 26,000 pounds, other than a vehicle— “(i) designed to transport more than 15 passengers, including the driver; or “(ii) used in transporting material found by the Secretary to be hazardous under section 5103 and transported in a quantity requiring placarding under the regulations issued under such section. “(3) Review of regulations.—Based in part on the information and experience obtained from the program, the Secretary shall conduct a zero-based review of the need for, and the costs and benefits of, all regulations prescribed under this section and sections 504 and 31502 to determine whether and to what extent such regulations should apply to eligible vehicles. The review shall focus on the appropriate level of safety that is in the public interest and the paperwork and regulatory burdens of such regulations as the regulations apply to employers and employees that use such vehicles. The Secretary shall complete the review by the last day of the 3-year period beginning on the date of the enactment of this paragraph. Upon completion of the review, the Secretary shall. 109 STAT. 613 after notice and an opportunity for public comment, grant such exemptions or modify or repeal existing regulations to the extent appropriate.”.