Page:United States Statutes at Large Volume 109 Part 1.djvu/629

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PUBLIC LAW 104-59—NOV. 28, 1995 109 STAT. 613 after notice and an opportunity for public comment, grant such exemptions or modify or repeal existing regulations to the extent appropriate.". SEC. 345. EXEMPTIONS FROM REQUIREMENTS RELATING TO 49 USC 31136 COMMERCIAL MOTOR VEHICLES AND THEIR OPERATORS. °ote. (a) EXEMPTIONS. — (1) TRANSPORTATION OF AGRICULTURAL COMMODITIES AND FARM SUPPLIES.—Regulations prescribed by the Secretary under sections 31136 and 31502 of title 49, United States Code, regarding maximum driving and on-duty time for drivers used by motor carriers shall not apply to drivers transporting agricultural commodities or farm supplies for agricultural purposes in a State if such transportation is limited to an area within a 100 air mile radius from the source of the commodities or the distribution point for the farm supplies and is during the planting and harvesting seasons within such State, as determined by the State. (2) TRANSPORTATION AND OPERATION OF GROUND WATER WELL DRILLING RIGS.— Such regulations shall, in the case of a driver of a commercial motor vehicle who is used primarily in the transportation and operation of a ground water well drilling rig, permit any period of 7 or 8 consecutive days to end with the beginning of an off-duty period of 24 or more consecutive hours for the purposes of determining maximum driving and on-duty time. (3) TRANSPORTATION OF CONSTRUCTION MATERIALS AND EQUIPMENT.— Such regulations shall, in the case of a driver of a commercial motor vehicle who is used primarily in the transportation of construction materials and equipment, permit any period of 7 or 8 consecutive days to end with the beginning of an off-duty period of 24 or more consecutive hours for the purposes of determining maximum driving and on-duty time. (4) DRIVERS OF UTILITY SERVICE VEHICLES.— Such regulations shall, in the case of a driver of a utility service vehicle, permit any period of 7 or 8 consecutive days to end with the beginning of an off-duty period of 24 or more consecutive hours for the purposes of determining maximum driving and on-duty time. (5) SNOW AND ICE REMOVAL. —A State may waive the requirements of chapter 313 of title 49, United States Code, with respect to a vehicle that is being operated within the boundaries of an eligible unit of local government by an employee of such unit for the purpose of removing snow or ice from a roadway by plowing, sanding, or salting. Such waiver authority shall only apply in a case where the employee is needed to operate the vehicle because the employee of the eligible unit of local government who ordinarily operates the vehicle and who has a commercial drivers license is unable to operate the vehicle or is in need of additional assistance due to a snow emergency. (b) PREEMPTION.— Nothing contained in this section shall require the preemption of State laws and regulations concerning the safe operation of commercial motor vehicles as the result of exemptions from Federal requirements provided under this section. (c) REVIEW BY THE SECRETARY. —The Secretary may conduct a rulemaking proceeding to determine whether granting any exemp-