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United States Department of Transportation United States Department of Transportation

Petitions

FMCSA Petitions for Rulemaking (49 CFR 389.31)

This table includes summary information about all Petitions for Rulemaking 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 Rec’d

 

Petitioner

 

Subject

 

Summary of Petition

 

Date of Acknowledgement

 

Decision (Grant/Deny/Pending) and Date of Letter to Applicant

 

If Granted: Rule ID Number or Final Rule Cite

8/5/2020

Transportation Intermediaries Association (TIA)

 

49 CFR 371.3(c)

Request to eliminate the requirements of 49 CFR §371.3(c) and asks the Agency to develop guidance on what legally constitutes a “dispatch service.”

Pending

Pending

 

05/19/2020

Owner- Operator Independent Drivers Association (OOIDA)

49 CFR 371.3

Request to improve transparency of the rule to: (1) require brokers to provide an electronic copy of each transaction record within 48 hours after contractual service has been completed; (2) prohibit brokers from including any provision in their contracts that requires carrier to waive their rights to access transaction records.

  

  

Pending

Pending

 

05/6/2020

Small Business in Transportation Coalition (SBTC)

49 CFR 371.3

Request to improve transparency of the rule to:

prohibit brokers from including any provision in their contracts that requires  carrier to waive their rights to access transaction records.

Pending

Pending

 

04/22/2020

Veolia North America

CMV drivers

Request for alternative method of performing a safety performance history investigation

Pending

Pending

 

10/18/2018

Small Business in Transportation Coalition (SBTC)

49 CFR 371.2

Request to amend regulatory definition of property broker.

 

Denied 01/28/2020

 

01/21/2020

American Bus Association (ABA)

49 U.S.C. 31141

Request for determination from the State of California’s Meal and Rest Break rules (MRB Rules) are preempted under 49 U.S.C. 31141 as applied to passenger carrying CMV drivers subject to FMCSA’s HOS regulations

 

Granted 01/21/2020

85 FR 3469

12/04/2019

Commercial Vehicle Safety Alliance (CVSA)

49 CFR 395.2

Amend 49 CFR 395.2 to include Yard Moves

12/20/2019

Pending

 

08/08/2019

Commercial Vehicle Safety Alliance (CVSA)

49 CFR 385.4(b)

Amend 49 CFR 385.4(b) to reflect the updated "North American Standard Level VI Inspection Procedures and Out of Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantitates of Radioactive Materials as Defined by 49 CFR 173.403

 10/24/2019

Granted 02/24/2020

84 FR 52432 (NPRM)

08/06/2019

Owner- Operator Independent Drivers Association (OOIDA)

49 CFR 391.47

Repeal or amend 49 CFR 391.47

11/20/2019

Pending

 

07/29/2019

Scopelitis

Garvin Light Hanson & Feary

Electronic Logging Device (ELD)

Modify Appendix A to Subpart B Part 395 Section 4.6.1.2 Functional Specifications for all ELDS

 11/18/2019

Pending

 

07/19/2019

Commercial Vehicle Safety Alliance (CVSA)

49 CFR 382.603

Amend 49 CFR 382.603 to require reoccurring alcohol and controlled substance training for supervisors

 12/17/2019

Denied 12/26/2019

 

05/10/2019

J.B. Hunt

49 CFR 390.5

Amend guidance question 27 in 49 CFR 390.5

11/26/2019

Pending

 

 

 

03/21/2019

Florida Fruit & Vegetable Association

Hours of Service

Modify the Hours of Service and ELD for the transportation of perishable fruit and vegetable commodities

3/26/2019

Denied 11/18/2019

 

 

03/18/2019

Electric Cooperatives of Mississippi

Medical Exam documentation

Request for utility service vehicles to be exempt from medical examination documentation

 

Pending

 

 

 

03/12/2019

Commercial Vehicle Safety Alliance (CVSA)

Rear Impact Guard Labeling

Amend 393.86 to remove labeling requirement for rear impact guards

03/15/2019

Pending

 

 

03/10/2019

Daimler Trucks North America (DTNA)

Windshield Obstructions

Amend 393.60 to allow vehicle safety technologies to be placed lower in the windshield; amend definition of vehicle safety technology in 393.5

03/21/2019

Pending

 

 

12/18/2018

Commercial Vehicle Safety Alliance (CVSA)

Personal Conveyance

Add a definition of personal conveyance to 49 CFR 395.2 and remove all 395.8 interpretative guidance

04/12/2019

 

Pending

 

12/17/2018

Commercial Vehicle Safety Alliance (CVSA)

Brake Adjustment Limit

Amend 393.47(e) and Appendix G to specify correct readjustment limit for Type 36 Clamp-type brake chambers

12/18/2018

Pending

 

 

11/15/2018

Michigan Aggregates Association

Portable Conveyors

Amend 393.4 to add portable conveyors to the list of vehicles that do not require brakes on all vehicles

01/18/2019

Pending

 

 

11/01/2018

Jerry and Marianne Karth

Rear Underride

Add underride guards to Appendix G and 396.17, and amend definition of Out of Service Criteria

11/19/2018

Granted

 

RIN AC31

10/12/2018

Small Business in Transportation Coalition (SBTC)

Broker and Bona Fide Agents Definition 371.2

Amend 371.2 definition of Broker and Bona Fide agents.

02/02/2019

Denied 01/28/2020

 

 

08/27/2018

Commercial Vehicle Safety Alliance (CVSA)

NACM Tables

Incorporate NACM chain hook specification tables into § 393.108.

09/09/2018

Pending

 

08/27/2018

Commercial Vehicle Safety Alliance (CVSA)

393.130 Guidance

Amend regulatory guidance regarding tiedowns on accessory equipment for heavy vehicles.

09/14/2018

  Pending

 

 

 

08/27/2018

Commercial Vehicle Safety Alliance (CVSA)

Rear Impact Guards in Appendix G

Amend Appendix G to require rear impact guards to be inspected as part of the required annual inspection.

09/09/2018

Granted

 

RIN AC31

07/03/2018

United States Transportation Alliance (USTA)

Hours of Service and Other Regs

Proposes revisions to hours of service and other rules.

08/01/2018

Pending

 

 

06/08/2018

Small Business in Transportation Coalition (SBTC)

Exemptions Process in Part 381

Revise application instructions to better accommodate class applications.

06/14/2018

Pending

 

 

04/25/2018

National Agricultural Aviation Association (NAAA)

Commercial Driver’s License

Amend 383.3 to exempt drivers from having to obtain and maintain an HM endorsement to transport Jet A

06/29/2018

Pending

 

10/11/2017

New Hampshire DOT

CDL passenger endorsement

Allow driver without P endorsement to operate certain passenger vehicles

11/05/2017

 Pending

 

09/01/2017

Jacob Scroggins

Exemptions in Part 391

Add Pigeon Clubs to 391.2 list of exempt entities

10/25/2018

Denied 10/25/2018

 

8/25/2017

Commercial Vehicle Safety Alliance (CVSA)

382.107 Actual knowledge

Expand definition of “actual knowledge” in 49 CFR 382.107

02/04/2019

Granted 09/30/2019

84 FR 51427

06/01/2017

Commercial Vehicle Safety Alliance (CVSA)

Utility service vehicle definition 395.2

Expand utility service vehicle definition to include internet/broadband services

06/16/2017

Granted 03/08/2018

 

12/20/2016

Jack James Elias

Hours of Service Rules

Exempt non-driving duty time from the 8-day driving limit calculation

01/09/2017

 Pending

 

12/11/2015

Commercial Vehicle Safety Alliance (CVSA)

Parts 393 and 396

Amend part 393 to address 396.3(a)(1) OOSC references

12/29/2015

Pending

 

 

02/20/2015

Commercial Vehicle Safety Alliance (CVSA)

Electronic ID

Require electronic identification of all CMVs

11/02/2015

Granted 11/02/2015

 

05/09/2014

Transportation Intermediaries Assoc. (TIA)

Bonds, Trust: BMC-84, BMC-85

Requirements for Bond & Trust Providers

06/06/2014

Granted

RIN AC10

10/26/2012

Commercial Vehicle Safety Alliance (CVSA)

Securement of Dressed Lumber

Amend cargo securement regulations to address securement of stacks of dressed lumber

03/25/2013

Granted 09/11/2015

 

07/26/2012

National Association of the Deaf

Hearing Requirements

Repeal 391.41(b)(11) regarding hearing requirements for driver qualification

09/12/2012

Pending

 

02/12/2008

Commercial Vehicle Safety Alliance (CVSA)

OOS Orders, Auth to Inspect, etc.

Consolidate OOS provisions; specify who may inspect, etc.

03/25/2008

Pending

 

 

 

 

Note: Transportation Intermediaries Assoc. Petition and Related Activity: (1) Letter from TIA to FMCSA Feb 25, 2014, (2) TIA-FMCSA Conference Call Feb 28, 2014, (3) Petition Filed by TIA May 9, 2014, (4) Petition and Letter Acknowledged by FMCSA Jun 26, 2014, (5) TIA Follow-up Letter to FMCSA Oct 14, 2014, (6) Meeting with TIA at FMCSA Mar 4, 2015, (7) TIA Response Letter to FMCSA March 30, 2015, (8) “Broker and Freight Forwarder Financial Responsibility Roundtable” at DOT, May 20, 2016.

Contact Info:

FMCSA
Charles Horan
Director Office of Carrier, Driver, and Vehicle Safety Standards Charles.Horan@dot.gov

Related links:

Archived Petitions for Rulemaking

Petitions for Reconsideration of Rules

 

Last updated: Tuesday, September 15, 2020