FMCSA Petitions for Reconsideration of Rules (49 CFR 389.35)
This table includes summary information about all Petitions for Reconsideration of a Rule received by FMCSA, beginning with those active as of February 2016. This display is required by Section 5204 of the Fixing America's Surface Transportation Act (FAST Act).
Date Rcv'd | Petitioner | Rule | Docket Number | Summary of Petition for Reconsideration | Responsible Agency Office | Date of Acknowledgment | Decision |
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 | n/a | Denied 1/19/2017 |
1/15/2016 | Truck & Engine Manufacturers Association | Electronic Logging Devices | 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 | 2/3/2016 | Granted 9/12/2017 |
1/13/2016 | Saucon Technologies | Electronic Logging Devices | 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 | 2/10/2016 | Denied 9/13/2017 |
1/11/2016 | Landstar Rangers | Electronic Logging Devices | 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 | 2/12/2016 | 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 | 12/30/15 | Denied 9/09/2016 |
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 | 5/15/2019 | Denied 3/5/2019 |
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.
Contact Info:
FMCSA
Charles Horan
Director Office of Carrier, Driver, and Vehicle Safety Standards Charles.Horan@dot.gov
Updated: Friday, March 15, 2019