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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Petitions for Reconsideration

Date Received Petitioner Rule Docket Number Summary of Petition for Reconsideration Responsible Agency Office Date of Acknowledgment Decision
(Grant/Deny) and Date of Letter to Applicant
11/1/2021 Oregon Department of Transportation Drug and Alcohol Clearinghouse (DACH) Final Rule FMCSA-2017-0330 Request to clarify the downgrade process prescribed and codified at 49 CFR 383.73(q). MC-PSD 12/20/2021 Pending
On or Before 11/8/2021
(No date provided)		 Jamalh Wilson  DACH Final Rule FMCSA-2017-0330 Request to amend or withdraw the DACH rule regarding violations being listed in the DACH database even if not convicted. MC-PSD Pending Pending
12/24/2020 Commercial Vehicle Safety Alliance (CVSA) HOS; Definition of Agricultural Commodity Interim Final Rule (IFR) FMCSA-2018-0348
  • Request to amend the IFR to clarify that transportation of an agricultural commodity and non-agricultural commodity on one trip does not qualify for the agricultural commodity exemption;
  • Provide additional details on what is considered processed;
  • Require drivers to annotate on their electronic logging device when they are operating under the agricultural commodity exemption.
 MC-PSD 1/28/2021 Pending
6/30/2020 Advocates for Highway and Auto Safety (Advocates); International Brotherhood of Teamsters (IBT); Truck Safety Coalition (TSC); Citizen’s for Reliable and Safe Highways (CRASH); and Parents Against Tired Truckers (P.A.T.T.) HOS Final Rule FMCSA-2018-0248 Petitioners requested HOS Final Rule reconsideration for multiple items they believe violates the Agency’s duty to place public safety as its highest priority. MC-PSD 8/25/2020 Denied 8/25/2020
6/30/2020 CVSA HOS Final Rule FMCSA-2018-0248 Requesting reconsideration of language in the Final Rule with the use of adverse driving conditions and use of personal conveyance designations. MC-PSD 8/27/2020 Denied 8/27/2020
6/30/2020 National Private Truck Council  HOS Final Rule FMCSA-2018-0248 Requesting Final Rule revision to amend the definition of “driver-salesperson” in 49 CFR 395.2. MC-PSD 8/24/2020 Denied 8/24/2020
6/11/2020 Anna Torrens HOS Final Rule FMCSA-2018-0248 Requesting reconsideration of HOS Final Rule 49 CFR Parts 385 and 395. MC-PSD 8/27/2020 Denied 8/27/2020
9/19/2018 ACOEM, AOA, MOM, and Mr. Eddie Gar Qualification of Drivers; Diabetes Standard Final Rule FMCSA-2005-23151 Requesting reconsider for several matters concerning drivers with insulin treated diabetes mellitus to include but not limited to the definition of sever hypoglycemia and severe hypoglycemic episode, require examination by a certifying medical examiner after experiencing a hypoglycemic episode. MC-PSP 03/05/2019 Denied 03/05/2019
12/22/2016 Advocates, Truck Safety Coalition, OOIDA, CRASH Entry Level Driver Training (RIN 2126–AB66) FMCSA–2007–27748 (Document FMC-161222-004) Primarily object to omission of minimum hours MC-PSD 01/19/2017 Denied 01/19/2017
1/15/2016 Truck & Engine Manufacturers Association Electronic Logging Devices
(RIN 2126–AB20)		 FMCSA-2010-0167 In the final rule, as written, mandates that ELDs obtain all of the vehicle parameters from the engine ECM, modify the rule to allow ELDs the option to obtain the vehicles motion status, miles driven, and VIN from the vehicle data bus. MC-PSV 02/03/2016 Granted 09/12/2017
1/13/2016 Saucon Technologies Electronic Logging Devices
(RIN 2126–AB20)		 FMCSA-2010-0167 Petitioner requested reconsideration 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. Petitioner also requested clarification on 3 items to ensure understanding of requirements. MC-PSV 02/10/2016 Denied 9/13/2017
1/11/2016 Landstar Rangers Electronic Logging Devices
(RIN 2126–AB20)		 FMCSA-2010-0167 There is a difference between paper RODS and ELDs.  Different rules should be made to accommodate the character of the two recording devices. MC-PSV 02/12/2016 Denied 10/02/2017
5/22/2015 OOIDA Medical Examiner’s Certification Integration Final Rule FMCSA-2012-0178 Requesting 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. MC-PSP 12/30/2015 Denied 09/09/2016

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.