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 Rule	N/A	Request to clarify the Drug and Alcohol Clearinghouse downgrade process prescribed and codified at 49 CFR 383.73(q).	MC-PSD	Pending	Pending
2021 (No date provided)	Jamalh Wilson	Drug and Alcohol Clearinghouse Rule	FMCSA-2017-0330	Request for Amendments of the Drug and Alcohol Clearinghouse Rule Regarding Violations Being Listed Even if Not Convicted.	MC-PSD	Pending	Pending
2/25/2021	Commercial Vehicle Safety Alliance (CVSA)	HOS Final Rule	FMCSA-2020-0129	Amend Title 49 CFR § 385.4(b) North American Level VI Inspection Procedures and Out-of-Service (OOS) Criteria.	MC-PSD	3/2/2021	Pending
12/24/2020	Commercial Vehicle Safety Alliance (CVSA)	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	Commercial Vehicle Safety Alliance (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 (NPTC)	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.