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 | Granted 7/26/2022 |
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 | On or Before 11/8/2021 | Granted 1/5/2023 |
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.