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.
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: 2017-0330
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
Filing Organization: Owner-Operator Independent Drivers association (OOIDA)
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
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
Filing Organization: American Association of Motor Vehicle Administrators (AAMVA)
Date Agency Received Petition: 12/08/2023
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
Filing Organization: OOIDA
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
Filing Organization: Commercial Vehicle Safety Alliance (CVSA)
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: Request the Agency to reinstate the prior 30-day hours of service period and eliminate supply delivery categories.
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 (NPGA)/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
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
Filing Organization: Advocates, Truck Safety Coalition, OOIDA, CRASH
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
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: 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
Filing Organization: National Private Truck Council
Date Agency Received Petition: 06/30/2020
Petition: Requested the definition of “driver-salesperson” in 49 CFR 395.2 be amended.
Docket: 2018-0248
Agency Disposition: Denied
Date of Letter to Applicant: 08/24/2020
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: Monday, September 16, 2024