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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 (FMCSA)

 

 

Summary of Petition for Reconsideration Decision
(Grant/Deny) and Date of Letter to Applicant
1/30/2024 Idaho Govenor's Office Clarification to the Applicability of Emergency Exemptions 2022-0028 Requested the Agency to reinstate the prior 30-day hours of service period and eliminate supply delivery categories. Pending
12/18/2023 Owner-Operator Independent Drivers Association Broker and Freight Forwarder Financial Responsibility 2016-0102 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. Pending
12/08/2023 American Association of Motor Vehicle Administrators Federal Motor Carrier Safety Regulations (General Technical, Organizational, Confirming, and Correcting Amendments) 2023-0174 Request to revert 49 CFRs 384.208 and 384.209 to the previous language and incorporate provided language. Pending
11/09/2023 Western Association of State Highway Transportation Officials  Clarification to the Applicability of Emergency Exemptions 2022-0028 Requested 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. Pending
11/09/2023 North Dakota's Governor's Office Clarification to the Applicability of Emergency Exemptions 2022-0028 Requested the Agency to reconsider the duration of the automatic regulatory relief that takes effect upon a regional declaration of emergency by a governor, and requested that the FMCSA 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 of the Federal Motor Carrier Safety Regulations in parts 390-399. Pending
11/13/2023 National Propane Gas Association (NPGA) and Owner-Operators Independent Drivers Association (OOIDA) Clarification to the Applicability of Emergency Exemptions 2022-0028  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. Pending
11/09/2023 Montana DOT Clarification to the Applicability of Emergency Exemptions 2022-0028 Requested the Agency to reconsider its final rule by increasing 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. Pending
11/02/2023 CVSA Clarification to the Applicability of Emergency Exemptions 2022-0028 Requested the Agency to reconsider the duration of automatic regulatory relief which was revised from the proposed 5 days to 14 days in the final rule. Pending
4/4/2023 CVSA Commercial Driver License Standards Pending Amend Title 49 CFR 383.25 to clarify the term "valid CDL" for the purposes of accompanying a CLP holder for behind-the-wheel training in a CMV. Pending
10/27/2021 Oregon Department of Transportation Drug and Alcohol Clearinghouse (DACH) Final Rule 2017-0330 Request to clarify the downgrade process prescribed and codified at 49 CFR 383.73(q). Granted 7/26/2022
On or Before 11/8/2021
(No date provided)
Jamalh Wilson  DACH Final Rule 2017-0330 Request to amend or withdraw the DACH rule regarding violations being listed in the DACH database even if not convicted. 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 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. Denied 8/25/2020
6/30/2020 CVSA HOS Final Rule 2018-0248 Requesting reconsideration of language in the Final Rule with the use of adverse driving conditions and use of personal conveyance designations. Denied 8/27/2020
6/30/2020 National Private Truck Council  HOS Final Rule 2018-0248 Requesting Final Rule revision to amend the definition of “driver-salesperson” in 49 CFR 395.2. Denied 8/24/2020
6/11/2020 Anna Torrens HOS Final Rule 2018-0248 Requesting reconsideration of HOS Final Rule 49 CFR Parts 385 and 395. Denied 8/27/2020
9/19/2018 ACOEM, AOA, MOM, and Mr. Eddie Gar Qualification of Drivers; Diabetes Standard Final Rule 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. Denied 03/05/2019
12/22/2016 Advocates, Truck Safety Coalition, OOIDA, CRASH Entry Level Driver Training (RIN 2126–AB66) 2007–27748 (Document FMC-161222-004) Primarily object to omission of minimum hours Denied 01/19/2017
1/15/2016 Truck & Engine Manufacturers Association Electronic Logging Devices
(RIN 2126–AB20)
2010-0167 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. Granted 09/12/2017
1/13/2016 Saucon Technologies Electronic Logging Devices
(RIN 2126–AB20)
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. Denied 9/13/2017
1/11/2016 Landstar Rangers Electronic Logging Devices
(RIN 2126–AB20)
2010-0167 Requested to allow paper RODS and ELDs.   Denied 10/02/2017
5/22/2015 OOIDA Medical Examiner’s Certification Integration Final Rule 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. 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.