Transportation Department, Federal Motor Carrier Safety Administration
FMCSA grants the petition submitted by the Washington Trucking Associations (WTA) requesting a determination that the State of Washington's Meal and Rest Break rules (MRB rules) are preempted as applied to property-carrying commercial motor vehicle drivers subject to FMCSA's hours of service (HOS) regulations. Federal law provides for preemption of State laws on commercial motor vehicle safety that are additional to or more stringent than Federal regulations if they (1) have no safety benefit; (2) are incompatible with Federal regulations; or (3) would cause an unreasonable burden on interstate commerce. FMCSA has determined that Washington's MRB rules are laws on commercial motor vehicle (CMV) safety, that they are more stringent than the Agency's HOS regulations, that they have no safety benefits that extend beyond those that the Federal Motor Carrier Safety Regulations (FMCSRs) already provide, that they are incompatible with the Federal HOS regulations, and that they cause an unreasonable burden on interstate commerce. The Washington MRB rules, therefore, are preempted.
Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Transportation Federal Motor Carrier Safety Administration [Docket No. FMCSA-2019-0128] AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Order; grant of petition for determination of preemption. SUMMARY: FMCSA grants the petition submitted by the Washington Trucking Associations (WTA) requesting a determination that the State of Washington's Meal and Rest Break rules (MRB rules) are preempted as applied to property-carrying commercial motor vehicle drivers subject to FMCSA's hours of service (HOS) regulations. Federal law provides for preemption of State laws on commercial motor vehicle safety that are additional to or more stringent than Federal regulations if they (1) have no safety benefit; (2) are incompatible with Federal regulations; or (3) would cause an unreasonable burden on interstate commerce. FMCSA has determined that Washington's MRB rules are laws on commercial motor vehicle (CMV) safety, that they are more stringent than the Agency's HOS regulations, that they have no safety benefits that extend beyond those that the Federal Motor Carrier Safety Regulations (FMCSRs) already provide, that they are incompatible with the Federal HOS regulations, and that they cause an unreasonable burden on interstate commerce. The Washington MRB rules, therefore, are preempted. FOR FURTHER INFORMATION CONTACT: Mr. Charles J. Fromm, Deputy Chief Counsel, Office of the Chief Counsel, Federal Motor Carrier Safety Administration, 1200 New Jersey…
Other Federal Register documents from the same docket.
Citation: 85 FR 73335
