Petitions For Reconsideration
Any interested person may petition the Administrator for reconsideration of any rule issued under part 49 CFR 389. The petition for reconsideration must be in English and submitted to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE, Washington, DC 20590–0001, or electronically submitted using the docket for the rulemaking at www.regulations.gov and received not later than thirty (30) days after publication of the rule in the Federal Register. Petitions for reconsideration filed after that time will be considered as petitions for rulemakings filed under § 389.31 of this part. The petition for reconsideration must contain a brief statement of the complaint and an explanation as to why compliance with the rule is not practicable, is unreasonable, or is not in the public interest.
(b) If the petitioner requests the consideration of additional facts, he/she must state the reason they were not presented to the Administrator within the prescribed time.
(c) The Administrator does not consider repetitious petitions.
(d) Unless the Administrator otherwise provides, the filing of a petition under this section does not stay the effectiveness of the rule.
Medical Examiners Certificate Intergration - April 23, 2015
Electronic Logging Devices and Hours of Service Supporting Documents - December 16, 2105
Minimum Training Requirements for Entry Level Commercial Motor Vehicle Operators - December 8, 2016
Qualifications of Drivers; Diabetes Standard - September 19, 2018
Hours of Service of Drivers - June 1, 2020
Extension of Compliance Date for Entry-Level Driver Training - June 30, 2021
Controlled Substances and Alcohol Testing: State Driver's Licensing Agency
Non-Issuance/Downgrade of Commercial Driver's License -October 7, 2021
Clarification to the Applicability of Emergency Exemptions - October 13, 2023
Broker and Freight Forwarder Financial Responsibility - November 16, 2023
Federal Motor Carrier Safety Regulations (General Technical, Organizational,
Conforming, and Correcting Amendments) - January 5, 2024
FMCSA amends the Federal Motor Carrier Safety Regulations (FMCSRs) to require certified medical examiners (MEs) performing physical examinations of commercial motor vehicle (CMV) drivers to use a newly developed Medical Examination Report (MER) Form, MCSA-5875, in place of the current MER Form and to use Form MCSA-5876 for the Medical Examiner's Certificate (MEC); and report results of all CMV drivers' physical examinations performed (including the results of examinations where the driver was found not to be qualified) to FMCSA by midnight (local time) of the next calendar day following the examination.
Publication Date: April 23, 2015
Federal Register Notice: 80 FR 22790
Filing Organization: Owner-Operator Independent Drivers Association
Date Agency Received Petition: 05/22/2015
Petition: Requested reconsideration of the Medical Examiner’s Certification Integration Final Rule based on the assertion that the final rule made changes to the FMCSRs without notice and public comment.
Docket: 2012-0178
Agency Disposition: Denied
Date of Letter to Applicant: 09/09/2016
FMCSA amends the Federal Motor Carrier Safety Regulations to establish: Minimum performance and design standards for hours-of-service (HOS) electronic logging devices (ELDs); requirements for the mandatory use of these devices by drivers currently required to prepare HOS records of duty status (RODS); requirements concerning HOS supporting documents; and measures to address concerns about harassment resulting from the mandatory use of ELDs.
Publication Date: December 16, 2015
Federal Register Notice: 80 FR 78292
Filing Organization: Landstar Rangers
Date Agency Received Petition: 01/11/2016
Petition: Requested the use of paper records of duty status and electronic logging devices.
Docket: 2010-0167
Agency Disposition: Denied
Date of Letter to Applicant: 10/02/2017
Filing Organization: Saucon Technologies
Date Agency Received Petition: 01/13/2016
Petition: Requested for 3 items they believe may have unintended safety consequences or do not cover a portion of the instances that occur in the motorcoach industry and clarification on 3 items to ensure an understanding of requirements.
Docket: 2010-0167
Agency Disposition: Denied
Date of Letter to Applicant: 09/13/2017
Filing Organization: Truck & Engine Manufacturers Association
Date Agency Received Petition: 01/15/2016
Petition: Requested modification of the rule to allow ELDs the option to obtain the vehicle’s motion status, miles driven, and VIN from the vehicle data bus.
Docket: 2010-0167
Agency Disposition: Granted
Date of Letter to Applicant: 09/12/2017
FMCSA establishes new minimum training standards for certain individuals applying for their commercial driver’s license (CDL) for the first time; an upgrade of their CDL; or hazardous material, passenger, or school bus endorsement for the first time.
Publication Date: December 8, 2016
Federal Register Notice: 81 FR 88732
Filing Organization: Advocates for Highway and Auto Safety; Truck Safety Coalition, Owner-Operator Independent Drivers Association; and Citizens for Reliable and Safe Highways
Date Agency Received Petition: 12/22/2016
Petition: Primarily objected to omission of minimum hours.
Docket: 2007-27748
Agency Disposition: Denied
Date of Letter to Applicant: 01/19/2017
FMCSA revises its regulations to permit individuals with a stable insulin regimen and properly controlled insulin-treated diabetes mellitus (ITDM) to be qualified to operate commercial motor vehicles (CMVs) in interstate commerce. Previously, ITDM individuals were prohibited from driving CMVs in interstate commerce unless they obtained an exemption from FMCSA. This rule enables a certified medical examiner (ME) to grant an ITDM individual a Medical Examiner's Certificate (MEC), MCSA-5876, for up to a maximum of 12 months. To do so, the treating clinician (TC), the healthcare professional who manages, and prescribes insulin for, the treatment of the individual's diabetes, provides the Insulin-Treated Diabetes Mellitus Assessment Form (ITDM Assessment Form), MCSA-5870, to the certified ME indicating that the individual maintains a stable insulin regimen and proper control of his or her diabetes. The certified ME then determines that the individual meets FMCSA's physical qualification standards and can operate CMVs in interstate commerce.
Publication Date: September 19, 2018
Federal Register Notice: 83 FR 47486
Filing Organization: ACOEM, AOA, MOM, and Mr. Eddie Gar
Date Agency Received Petition: 09/19/2018
Petition: Requested for several matters concerning drivers with insulin treated diabetes mellitus to include but not limited to the definition of severe hypoglycemia and severe.
Docket: 2005-23151
Agency Disposition: Denied
Date of Letter to Applicant: 03/05/2019
FMCSA revises the hours of service (HOS) regulations to provide greater flexibility for drivers subject to those rules without adversely affecting safety. The Agency expands the short-haul exception to 150 air-miles and allows a 14-hour work shift to take place as part of the exception; expands the driving window during adverse driving conditions by up to an additional 2 hours; requires a 30-minute break after 8 hours of driving time (instead of on-duty time) and allows an on-duty/not driving period to qualify as the required break; and modifies the sleeper berth exception to allow a driver to meet the 10-hour minimum off-duty requirement by spending at least 7, rather than at least 8 hours of that period in the berth and a minimum off-duty period of at least 2 hours spent inside or outside of the berth, provided the two periods total at least 10 hours, and that neither qualifying period counts against the 14-hour driving window.
Publication Date: June 1, 2020
Federal Register Notice: 85 FR 33396
Filing Organization: Advocates for Highway and Auto Safety; International Brotherhood of Teamsters; Truck Safety Coalition; Citizen’s for Reliable and Safe Highways; and Parents Against Tired Truckers.
Date Agency Received Petition: 06/30/2020
Petition: Requested reconsideration for multiple items they believe violate the Agency’s duty to place public safety as its highest priority.
Docket: 2018-0248
Agency Disposition: Denied
Date of Letter to Applicant: 08/25/2020
Filing Organization: Anna Torrens
Date Agency Received Petition: 06/11/2020
Petition: Requested reconsideration of HOS Final Rule 49 CFR Parts 395 and 385.
Docket: 2018-0248
Agency Disposition: Denied
Date of Letter to Applicant: 08/27/2020
Filing Organization: CVSA
Date Agency Received Petition: 06/30/2020
Petition: Requested reconsideration of language in the Final Rule with the use of adverse driving conditions and use of personal conveyance designations.
Docket: 2018-0248
Agency Disposition: Denied
Date of Letter to Applicant: 08/27/2020
FMCSA amends its December 8, 2016, final rule, "Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators", by extending the compliance date for the rule from February 7, 2020, to February 7, 2022.
Publication Date: June 30, 2021
Federal Register Notice: 86 FR 34631
Filing Organization: Advocates for Highway and Auto Safety; Truck Safety Coalition, Owner-Operator Independent Drivers Association; and Citizens for Reliable and Safe Highways
Date Agency Received Petition: 11/08/2021
Petition: Primarily objected to omission of minimum hours.
Docket: 207-27748
Agency Disposition: Denied
Date of Letter to Applicant: 01/19/2017
FMCSA amends its regulations to establish requirements for State Driver's Licensing Agencies to access and use information obtained through the Drug and Alcohol Clearinghouse an FMCSA-administered database containing driver-specific controlled substance (drug) and alcohol records.
Publication Date: October 7, 2021
Federal Register Notice: 86 FR 55718
Filing Organization: Jamalh Wilson
Date Agency Received Petition: 11/08/2021
Petition: Requested to amend or withdraw the DACH rule regarding violations being listed in the DACH database even if not convicted.
Docket: 2107-0330
Agency Disposition: Granted
Date of Letter to Applicant: 01/05/2023
Filing Organization: Oregon Department of Transportation
Date Agency Received Petition: 11/1/2021
Petition: Requested to clarify the downgrade process prescribed and codified at 49 CFR 383.73(q).
Docket: 2017-0330
Agency Disposition: Granted
Date of Letter to Applicant: 07/26/2022
FMCSA revises the emergency exemption rules to narrow the scope of safety regulations from which relief is automatically provided for motor carriers and drivers providing direct assistance when an emergency has been declared. This rule ensures that the relief granted through emergency declarations is appropriate and tailored to the specifics of the circumstances and emergencies being addressed. This rule also revises the process for extending automatic emergency regulatory relief where circumstances warrant and allows for potential reporting requirements when FMCSA issues an extension or modification.
Publication Date: October 13, 2023
Federal Register Notice: 88 FR 70897
Filing Organization: Commercial Vehicle Safety Alliance
Date Agency Received Petition: 11/02/2023
Petition: Remove the 14-day limit on automatic regulatory relief during regional declarations of emergency.
Docket: 2022-0028
Agency Disposition: Pending
Date of Letter to Applicant: N/A
Filing Organization: Governor of Idaho
Date Agency Received Petition: 01/30/2024
Petition: Clarification to the applicability of emergency exemptions.
Docket: 2022-0028
Agency Disposition: Pending
Date of Letter to Applicant: N/A
Filing Organization: Governor of South Dakota
Date Agency Received Petition: 02/09/2024
Petition: Clarification to the applicability of emergency exemptions.
Docket: 2022-0028
Agency Disposition: Pending
Date of Letter to Applicant: N/A
Filing Organization: Montana Department of Transportation
Date Agency Received Petition: 11/09/2023
Petition: Request to increase the automatic emergency exemption waiver period from 14 days back to 30 days, or for the duration of the emergency, whichever proves to be longer.
Docket: 2022-0028
Agency Disposition: Pending
Date of Letter to Applicant: N/A
Filing Organization: National Propane Gas Association/Owner-Operator Independent Drivers Association
Date Agency Received Petition: 11/14/2023
Petition: Request for data that supports the regulatory change to be included in rulemaking and address whether the Agency has the authority to issue declarations in advance of an emergency.
Docket: 2022-0028
Agency Disposition: Pending
Date of Letter to Applicant: N/A
Filing Organization: North Dakota’s Governor’s Office
Date Agency Received Petition: 11/09/2023
Petition: Request FMCSA to continue to allow each state’s governor to institute regulatory relief based on a regional declaration of an emergency and issue the 30-day relief period from all the Federal Motor Carrier Safety Regulations in parts 390-399.
Docket: 2022-0028
Agency Disposition: Pending
Date of Letter to Applicant: N/A
Filing Organization: Western Association of State Highway Transportation Officials
Date Agency Received Petition: 11/09/2023
Petition: Request the Agency to increase the automatic emergency exemption waiver period from 14 days back to 30 days, or for the duration of the emergency, whichever proves to be longer.
Docket: 2022-0028
Agency Disposition: Pending
Date of Letter to Applicant: N/A
FMCSA amends the regulations pertaining to financial responsibility requirements for brokers of property and freight forwarders in five separate areas: assets “readily available”; immediate suspension of broker/freight forwarder operating authority; surety or trust responsibilities in cases of broker/freight forwarder financial failure or insolvency; enforcement authority; and entities eligible to provide trust funds for brokers and freight forwarders, which are filed using Form BMC-85, Broker's or Freight Forwarder's Trust Fund Agreement under 49 U.S.C. 13906 or Notice of Cancellation of the Agreement.
Publication Date: November 16, 2023
Federal Register Notice: 88 FR 78656
Filing Organization: Owner-Operator Independent Drivers Association
Date Agency Received Petition: 12/18/2023
Petition: Request incorporation of sections 32916 and 32917 of MAP-21 conditions for broker/freight forwarder registration and recertification. Require 7 days for the surety provider or financial institution to investigate and determine the validity of claims, and other modifications.
Docket: 2016-0102
Agency Disposition: Denied
Date of Letter to Applicant: 05/02/2024
FMCSA amended its regulations by making technical corrections throughout the Federal Motor Carrier Safety Regulations. The final rule had an incorrect paragraph number in the instruction for an amendment and, in an amendment replacing a term, erroneously failed to replace the possessive form of the term. The Agency corrects these errors.
Publication Date: January 5, 2024
Federal Register Notice: 89 FR 712
Filing Organization: American Association of Motor Vehicle Administrators
Date Agency Received Petition: 11/08/2023
Petition: Request to revert 49 CFRs 384.208 and 384.209 to the previous language and incorporate the provided language.
Docket: 2023-0174
Agency Disposition: Denied
Date of Letter to Applicant: 09/04/2024
NOTE: Regarding “Lease & Interchange of Vehicles; Motor Carriers or Passengers,” Docket FMCSA-2012-0103. Forty-three Petitions for Reconsideration were received in response to this final rule (May 27, 2015; 80 FR 30164). All requests were addressed in one or more of a series of Federal Register notices; therefore, they are considered “closed.” In addition to notices extending the period for filing petitions for reconsideration, an August 31, 2016 (81 FR 59951) Federal Register notice announced the Agency’s intent to issue a rulemaking concerning revisions to the May 27, 2015, final rule, and outlined the areas to be addressed in the future rulemaking.
Last updated: Wednesday, January 15, 2025