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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

FMCSA Petitions for Rulemaking
(49 CFR 389.31)

Any interested person may petition the Administrator to establish, amend, interpret, clarify, or withdraw a rule. Each petition filed must:

  • Be submitted in writing by mail to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE, Washington, DC 20590-0001 or filing the petition as a comment, electronically at www.regulations.gov, using the general petitions for rulemaking docket FMCSA-2021-0054;
  • Set forth the text or substance of the rule or amendment proposed, or specify the rule that the petitioner seeks to have interpreted, clarified or withdrawn, as the case may be;
  • Explain the interest of the petitioner in the action requested;
  • Contain any information, data, research studies, and arguments available to the petitioner to support the action sought.

Petitions received will be logged on the table below and categorized by open and closed petitions. This display is required by Section 5204 of the Fixing America's Surface Transportation Act (FAST Act).

Open Petitions for Rulemaking

The following is a list of petitions for rulemakings that are pending a decision from the Federal Motor Carrier Safety Administration or granted and awaiting further action.

Petitioner

Summary of Request

Date of Petition

Commercial Vehicle Safety Alliance (CVSA) Petitioner request the FMCSA to require interstate transporters of hemp to carry the recommended shipping documents included in the United States Department of Agriculture's final rule on hemp production. June 9, 2022
CVSA Amend Title 49 CFR 393.102 and 393.106 to make the cargo securement requirements clearer, more enforceable and in line with the model regulations. May 31, 2022
CVSA Amend 49 CFR 393.5 to define the term "friction mat" more specifically and provide a minimum standard for the use of "friction mats for cargo securement. May 31, 2022
CVSA 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 Quantities of Radioactive Materials as defined in 49 CFR 173.403. March 29, 2022
CVSA Add a definition of Personal Conveyance to 49 CFR 395.2 and remove all interpretative guidance from 49 CFR 395.8. March 29, 2022

CVSA

Petition to amend 49 CFR 393.86 to remove labeling requirements for rear impact guards.

March 12, 2019

CVSA

Revise regulatory guidance question #3 to § 393.130 concerning the securement of hydraulic-controlled components.

September 6, 2018

CVSA

Amend the response in DOT Regulatory Guidance Interpretation Question 3 in 49 CFR 393.130 to mirror the language found in the Canadian National Safety Code (NSC) Standard 10, Section 89(2) Accessory Equipment. 

August 27, 2018

CVSA  Amend 49 CFR 393.104 and 393.108 concerning cargo securement to incorporate by reference National Association August 27, 2018

CVSA

Amend Part 393 to address § 396.3(a)(1) OOSC references.

March 15, 2015

March 19, 2020
CVSA requested The Agency place the petition on hold

 
March 30, 2021
CVSA requested The Agency resume our review of the petition.
 

Iowa DOT Petition to reconsider the change contemplated in the withdrawn notice of proposed rulemaking that sought to amend 49 CFR 383.79(a)(1) and (2) to permit a state to administer knowledge test(s) to an out-of-state applicant, and to require the state of domicile to accept those knowledge testing results. July 07, 2022

Michigan Aggregates Association

Amend § 393.40 to add portable conveyors to the list of vehicles that are not required to have brakes on all wheels.

January 18, 2019

National Agriculture Aviation
Association (NAAA)

Request to amend the CDL rules to provide relief form the HM endorsement for drivers transporting Kerosene for aviation.

April 25, 2018

*National Association of the Deaf (NAD)

Rescind the requirement for interstate drivers of commercial motor vehicles (CMVs) to be able to hear. Request that the DOT and FMCSA repeal the regulatory language or, in the alternative, obtain clarification on non-discriminatory terms in 49 C.F.R. 391.11 and 383.133.

March 14, 2019

National School Transportation Association

Amend the CDL regulations to establish a school bus-only CDL for intrastate school bus operations.

August 07, 2020

New Hampshire DOT

Revise 383.93 to allow mechanics to operate empty buses without having a passenger endorsement on the CDL.

October 02, 2017

Nicholas Mayo

Petitioner seeks an amendment/revision to the term “properly restrained” and within compliance if the lap strap is secured properly.

February 04, 2022

Ourbus, Inc.

Amend 49 C.F.R. §§ 390.5 and 390.9 to provide a clear delineation between motor carriers of passengers and brokers for such motor carriers, and as to the scope of Federal preemption over the regulation

of brokers. 

 

April 19, 2021

**Owner-Operator Independent Drivers Association (OOIDA)

Amend 49 CFR 371.3 concerning broker transparency.

May 19, 2020

Small Business in Transportation Coalition (SBTC)

Petition to Amend 49 CFR 390.5 to Define “Dispatcher.”

 

March 9, 2022

SBTC Petition for Revisions to Household Goods (HHG) Rules January 27, 2022

** SBTC

Amend 49 CFR 371.3 concerning broker transparency.

 

 

May 6, 2020

 

 

***Transportation
Intermediaries Association (TIA)

Rescind 49 CFR 371.3(c).  Issue regulatory guidance to distinguish between dispatch service and brokerage.

August 04, 2020

Truck Trailer Manufacturers Associations 

Amend 49 CFR 393.65 concerning auxiliary fuel tanks on trailers and the restriction against gravity or syphon filling into the carburetor or fuel injector.

December 21, 2018

Veolia North America

Amend the driver qualification rules under Part 391 to allow motor carriers an alternative method of reviewing the safety performance history investigation for new drivers.

 

April 22, 2020

Web Sling & Tie Down Association (WSTDA)

Amend the cargo securement regulations under Part 393 to incorporate by reference WSTDA’s Specification for Interior Van Securement Devices WSTDA-T-5.   

October 19, 2020

*The Agency issued Driver Qualifications; Regulatory Guidance Concerning the Applicability of Language Requirement to Drivers Who Do Not Meet the Hearing Standard on October 1, 2014 (79 FR 59139). The Agency requested public comment on NAD’s petition on December 19, 2019 (84 FR 68386).

** The Agency requested public comment on SBTC’s and OOIDA’s petitions concerning broker regulations on August 19, 2020 (85 FR 51145). The Agency held a Property Carrier Broker Listening Session on October 28, 2020 (85 FR 64613).

*** The Agency requested public comment on TIA’s petition on November 25, 2020 (85 FR 75280). The Agency held a Property Carrier Broker Listening Session on October 28, 2020 (85 FR 64613).

Closed Petitions for Rulemaking

The following is a list of petitions for rulemaking that are no longer an open matter because the Agency has issued a denial or the petition has been granted and the rulemaking process has been initiated as indicated by a Rule Identification Number or Final Rule.

Date Received

Petitioner

Summary of Petition

Decision Grant/Deny and Date of Letter to Applicant

If Granted: Rule ID Number or Final Rule Cite

07/13/2020

American Trucking Associations 

Request amendment of CDL regulations to make certain COVID-19 relief provided through the emergency declaration, permanent.

Granted 11/24/2021

 

03/15/2015

03/19/2020
CVSA requested the Agency place the petition on hold

03/30/2021
CVSA requested the Agency resume its review of the petition.
 

Commercial Vehicle Safety Alliance (CVSA)

Amend Title 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 Quantities of Radioactive Materials as defined in 49 CFR Part 173.403”

 

Granted

03/03/2022

 

 

02/25/2021


CVSA

Amend 49 CFR § 385.4(b) to update the FMCSA’s incorporation by reference of the CVSA’s Out-of-Service Criteria (OOSC) to note the April 1, 2021 edition. 

Granted
07/06/2021

86 FR 35443
(NPRM)

10/07/2020 CVSA Revise 49 CFR 390.23 and 49 CFR 390.25 concerning emergency declarations to limit the scope of the relief granted. Granted 06/29/2022  

01/08/2020

CVSA

Amend 49 CFR § 385.4(b) to update the FMCSA’s incorporation by reference of the CVSA’s Out-of-Service Criteria (OOSC) to note the April 1, 2020 edition. 

Granted
07/06/2021

86 FR 35443
(NPRM)

12/04/2019 CVSA Amend 49 CFR 395.2 to include a definition of "yard moves." Denied 03/28/2022  

08/08/2019

CVSA

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

Granted 02/24/2020

84 FR 52432 (NPRM)

07/19/2019

CVSA

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

Denied 12/26/2019

 

08/27/2018

CVSA

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

Granted

RIN AC31

12/17/2018

CVSA

Amend 49 CFR 393.47 concerning air brake readjustment limits to correct an error linked to the incorporation by reference of the Society of Automotive Engineers’ (SAE) publication.  SAE corrected the error in its publication. 

Denied

 

12/18/2018

CVSA

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

Denied 09/18/2020

 

08/25/2017

 CVSA

Expand definition of “actual knowledge” in 49 CFR 382.107

Granted 09/30/2019

84 FR 51427

 

Daimler Trucks North America 

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

Granted
07/06/2021

 

 

86 FR 35449
(NPRM)

03/21/2019

Florida Fruit & Vegetable Association

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

Denied 11/18/2019

 

09/01/2017

Jacob Scroggins

Add Pigeon Clubs to 391.2 list of exempt entities

Denied 10/25/2018

 

05/10/2019

J.B. Hunt

Amend regulatory guidance question # 27 to 49 CFR 390.5 concerning the inclusion of “x-ray” as “treatment away from the scene of the accident.”  

Granted

02/25/2022

 

 

11/01/2018

Jerry and Marianne Karth

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

Granted

RIN AC31

06/09/2021

Kevin Armstrong

Petition to Amend CFR 49 391.41 and CFR 391.49 Regarding Physical Qualifications of Drivers

 

Denied

12/09/2021

 

10/12/2020

National Federation of 
Independent Business 

Amend the definition of “commercial motor vehicle” under 49 CFR 390.5 to exclude vehicles between 10,001 and 26,000 pounds.

Denied
05/21/2021


 

 

10/12/2020

National Federation of Independent Business Small Business Legal Center

Request to amend the definition of commercial motor vehicles.

Denied 05/21/2021

 

08/08/2019

Owner-Operator Independent Drivers Association

Amend 391.47 concerning driver qualifications, to replace the terms “physician” and “medical specialist” with the term “certified medical examiner.”

 

Denied

01/10/2022

 

06/14/2021

People for the Ethical Treatment of Animals 

Request to amend 49 CFR 383.51 to prohibit CDL drivers that have committed certain violations from operating a CMV with livestock on board.

Denied

02/21/2022

 

03/15/2021 Richard Horan Amend 49 CFR 383.95 concerning the linkage of endorsements to specific Classes of CDL, especially the "P" endorsement. Denied 04/19/2022  

01/03/2022

Small Business in Transportation Coalition (SBTC)

Alternative petition for rulemaking regarding English language requirements for CDL testing (submitted as a petition for preemption with petition for rulemaking as alternative relief).

Denied

03/03/2022

 

09/22/2021

SBTC

Petition for FMCSA to reconsider its denial of SBTC’s request to amend 49 CFR 381 to include instructions for trade groups seeking class exemptions.

Denied

02/21/2022

 

09/09/2021

SBTC

Retrospective Review of 49 CFR 395 Subpart B--Electronic Logging Devices (ELDs) & Issuance of OST Guidance on ELD vetting and certification pursuant to 49 CFR 5.13(c)(4)(i).

Denied

01/14/2022

 

 

08/01/2021

SBTC

Petition for 'Retrospective Review' of 49 CFR 371 & Issuance of OST Guidance on Broker Transparency.

Denied

03/01/2022

 

10/04/2018

SBTC

Amend 371.2 definition of Broker and Bona Fide agents.

Denied 01/28/2020

 

06/08/2018

SBTC

Revise application instructions to better accommodate class applications.

Denied 02/28/2021

 

03/18/2018 SBTC Petition to amend 49 CFR 383.133(b)(3) Denied 07/08/2022  
08/04/2021 Tyrel Olson Eliminate the hours-of-service rules in 49 CFR 395 from the Federal Motor Carrier Safety Regulations.  04/07/2022  

07/03/2018

United States Transportation Alliance 

Proposes revisions to hours of service and other rules.

Denied

85 FR 33396

 

 

 

Contact Info:

FMCSA
Larry Minor
Associate Administrator of Policy Larry.minor@dot.gov

Related links:

Archived Petitions for Rulemaking

Petitions for Reconsideration of Rules

 

Last updated: Friday, July 15, 2022