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of the rule or amendment proposed, or specify the rule that the petitioner seeks to have interpreted, clarified or withdrawn, as the case may be;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. 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 |
|
3/15/2021 |
Richard Horan |
383.95 |
Request repeal of restriction for applicants applying for a passenger endorsement performing the skills test in a passenger vehicle requiring a Group B CDL, the State must indicate on the CDL, if issued, that the person is restricted from operating a passenger vehicle requiring a Group A CDL.
|
Pending |
Pending |
|
|
10/19/2020 |
Web Sling & Tie Down Association (WSTDA)
|
Interior van securement devices |
Request to add the now published WSTDA recommended standard specification for interior van securement devices, WSTDA-T-5, to the Federal Motor Carrier Safety Regulations. |
Pending |
Pending |
|
|
10/12/2020 |
National Federation of Independent Business Small Business Legal Center |
49 CFR 390.5 |
Request to amend the definition of commercial motor vehicles. |
12/16/2020 |
Pending |
|
|
10/07/2020 |
Commercial Vehicle Safety Alliance (CVSA) |
49 CFR 390.23 and 390.25 |
Request to revise emergency declaration requirements. |
1/26/2021 |
Pending |
|
|
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 |
|
|
7/13/2020 |
American Trucking Association
|
Amending CDL regulations |
Request for Permanent Incorporation of Various Temporary Relief Waivers Instituted During COVID-19
|
12/16/2020 |
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.
|
6/29/2020 |
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. |
5/12/2020 |
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 |
|
01/08/2020 |
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 Quantities of Radioactive Materials as defined in 49 CFR Part 173.403”
|
03/02/2021 |
Pending |
|
|
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 |
|
|
07/19/2019 |
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
|
|
|
03/12/2019 |
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
|
Denied 9/18/20 |
|
|
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 |
Denied 02/28/2021
|
|
|
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
Larry Minor
Associate Administrator of Policy Larry.minor@dot.gov
Related links:
Archived Petitions for Rulemaking
Petitions for Reconsideration of Rules
Last updated: Thursday, April 15, 2021