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                Petitions for Rulemaking
    

    
    
          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 docketFMCSA-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of the rule or amendment proposed, or specify the rule that the petitioner seeks to have interpreted, clarified or withdrawn, as the case may be;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******Automobile Carriers Conference
			Amend 49 CFR 393.87 to add an exception to the regulation for a stinger-steered automobile transporter.
			March 15, 2024Commercial Vehicle Alliance (CVSA)
			Amend Title 49 CFR 383.25(a)(1) to clarify what qualifies as a "valid commercial driver's license (CDL)" for the purposes of accompanying a commercial learner's permit (CLP) holder for behind-the-wheel training in a commercial motor vehicle (CMV).
			April 4, 2023CVSA
			Amend CFR 393.205 to clearly identify several hazardous conditions that correspond to regularly observed conditions of wheel components that result in high risk of a crash or breakdown.
			March 29, 2023CVSA
			Amend 49 CFR Part 393 by incorporating changes in Subparts B, C, E, F, G and J for Parts and Accessories Necessary for Safe Operation.
			February 2, 2023CVSA
			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, 2022CVSA
			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, 2022CVSA
			Amend 49 CFR 393.86 to remove labeling requirements for rear impact guards.
			March 12, 2019CVSA
			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 Standard 10, Section 89(2) Accessory Equipment.
			August 27, 2018Fleet and Logistics, United Northeast (Duane Wright)
			Amend 49 CFR 390.5 definition of a commercial motor vehicle to remove Class 3 vehicles.
			June 18, 2023Institute for Safer Trucking
			Amend 49 CFR 392 to incorporate changes in Subpart G to include non-emergency parking on highway shoulders as a prohibited practice and to define "emergency" as it relates to this section.
			February 16, 2024Michelle Grubbs
			Amend driver disqualifications in 49 CFR 383.51 to change various offenses.
			December 21, 2023Michigan 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, 2019My Truck Cams
			Requesting a mandate for the installation of side cameras and cabin monitors in all trucks as a supplement to actual rearview mirrors to enhance traffic safety.
			January 23, 2023*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 CFR 391.11 and 383.133.
			March 14, 2019National Propane Gas Association
			Amend the Federal Motor Carrier Safety Regulations to provide a process for FMCSA to declare an imminent emergency prior to an actual emergency.
			August 27, 2023Pete Emmert
			Amend Driver Qualification to include an IQ test for New Truck Driver Applicants.
			January 17, 2024Small Business Transportation Coalition
			Amend 49 CFR 371 to include language that prohibits property brokers from assuming the role of a shipper's insurance adjuster for loss and damage claims against a motor carrier.
			November 14, 2023Small Business Transportation Coalition
			Petition to propose new regulation in 49 CFR 396.27.
			January 11, 2024Steve Talkington Consulting, Inc.
			Eliminate the requirements in 49 CFR 391.23 (a)(2) and 391.23 (c).
			October 27, 2023Steve Talkington Consulting, Inc.
			Amend the Drug and Alcohol Clearinghouse requirements in 49 CFR 382.701 and 382.727.
			December 7, 2023Todd McCann
			Amend 49 CFR 387.307 by removing the $75,000 surety bond/trust fund requirement and change the word "revoke" for deactivation of broker authority as a result of an expired BMC-84, 85.
			March 12, 2024Transportation Intermediaries Association
			Petition to implement and enforce the provisions of 49 U.S.C.  §13903 (c) and 13904 (c) as it relates to the experience or training requirements for freight forwarders and brokers.
			June 16, 2023

*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).

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**10/11/2023
			Air Force Reserve
			Amend 49 CFR 383.3 (c) to include U.S. Air Force Reserve Technicians who operate CMVs for military purposes.
			Granted        3/11/202307/13/2020
			American Trucking Associations
			Request amendment of CDL regulations to make certain COVID-19 relief provided through the emergency declaration, permanent.
			Granted 11/24/202106/09/2022
			Commercial Vehicle Safety Alliance (CVSA)
			Amend regulations to require interstate transporters of hemp to carry recommended shipping documents included in the U.S. Department of Agriculture's final rule on hemp production.
			Denied 12/19/202203/29/2022
			CVSA
			Add a definition of Personal Conveyance to 49 CFR 395.2 and remove all interpretative guidance from 49 CFR 395.8.
			Denied 09/02/202202/02/2023
			CVSA
			Amend 49 CFR §392.60  Regulatory Guidance to require written or electronic documentation of authorization of passengers in a commercialmotorvehicle.
			Denied      10/11/202301/06/2023
			CVSA
			Amend Title 49 CFR § 385.4(b) to reflect the updated “North American Standard Level VI Inspection Procedures and Out-of-Service Criteria (OOSC) for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR Part 173.403” to note the April 1, 2023 edition.
			Granted 7/24/23
			88 FR 47437  (NPRM)03/29/2022
			CVSA
			Amend Title 49 CFR § 385.4(b) to reflect the updated “North American Standard Level VI Inspection Procedures and Out-of-Service Criteria (OOSC) for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR Part 173.403” to note the April 1, 2022 edition.
			Granted 07/24/2023
			87 FR 47437 (NPRM)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.
			CVSA
			Amend Title 49 CFR § 385.4(b) to reflect the updated “North American Standard Level VI Inspection Procedures and OOSC for Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR Part 173.403” to note the April 1, 2021 edition.
			Granted 02/22/2022
			86 FR 7285103/30/2021
			CVSA
			Amend § 396.31(a)(1) to address OOSC references.
			Granted 8/29/202202/25/2021
			CVSA
			Amend 49 CFR § 385.4(b) to update the FMCSA’s incorporation by reference of the CVSA’s 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 06/29/202201/08/2020
			CVSA
			Amend 49 CFR § 385.4(b) to update the FMCSA’s incorporation by reference of the CVSA’s 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 03/28/202208/08/2019
			CVSA
			Amend 49 CFR 385.4(b) to reflect the updated "North American Standard Level VI Inspection Procedures and OOSC 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 12/26/201908/27/2018
			CVSA
			Amend § 393.104 and 393.108 concerning cargo securement to incorporate by reference National Association of Chain Manufactures 2016 standards for performance specifications and markings for removable hooks used on tiedowns.
			Granted        02/14/202308/27/2018
			CVSA
			Amend appendix G to require rear impact guards to be inspected as part of the required annual inspection.
			Granted        11/09/2021
			86 FR        6210512/17/2018
			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.
			Granted 10/14/2021
			86 FR 5706012/18/2018
			CVSA
			Add a definition of personal conveyance to 49 CFR 395.2 and remove all 395.8 interpretative guidance.
			Denied 09/18/202008/25/2017
			CVSA
			Expand definition of “actual knowledge” in 49 CFR 382.107.
			Granted 09/30/2019
			84 FR 5142705/17/2017
			CVSA
			Amend definition of "utility service vehicle" in 49 CFR 395.2 to clarify that the term includes commercial motor vehicles supporting broadband-internet and cellular telephone operations.
			Granted 03/06/201803/10/2019
			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 11/18/201910/07/2022
			Giorlamo Tringali
			Amend the Commercial Learner's Permit (CLP) regulations in 49 CFR 383.25 to add certain drug test stipulations for CLP holders who fail the initial DOT pre-employment drug test.
			Denied 02/07/202307/07/2022
			Iowa Department of Transportation
			Petition for FMCSA to (1) establish standardized training, certification, auditing, and performance standards for third-party knowledge test administration and (2) ensure that commercial driver's license applicants who complete their testing out-of-State have their third-party knowledge test results honored by their State of domicile.
			Denied 02/07/202309/01/2017
			Jacob Scroggins
			Add Pigeon Clubs to 391.2 list of exempt entities.
			Denied 10/25/201805/10/2019
			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
			87 FR 1089511/01/2018
			Jerry and Marianne Karth
			Add underride guards to Appendix G and 396.17, and amend definition of Out of Service Criteria (RINAC31).
			Granted
			86 FR  6210506/09/2021
			Kevin Armstrong
			Petition to Amend CFR 49 391.41 and CFR 391.49 Regarding Physical Qualifications of Drivers.
			Denied            12/09/202110/7/2022
			Make Trucking Great Again Association
			Amend the hours-of-service 34-hour reset for drivers.
			Denied 09/07/202304/25/2018
			National Agriculture Aviation Association
			Request to amend the CDL rules to provide relief from the HM endorsement for drivers transporting Kerosene for aviation.
			Granted 12/16/202210/12/2020
			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
			05/21/202110/12/2020
			National Federation of Independent Business Small Business Legal Center
			Request to amend the definition of commercial motor vehicles.
			Denied 05/21/202108/07/2020
			National School Transportation Association
			Amend the CDL regulations to establish a school bus-only CDL for intrastate school bus operations.
			Denied 12/19/202210/2/2017
			New Hampshire DOT
			Revise 49 CFR 383.93 to allow mechanics to operate empty buses without having a passenger endorsement on the CDL
			Granted 5/31/202302/04/2022
			Nicholas Mayo
			Petitioner sought an amendment to change the term "properly restrained" and within compliance if the lap strap of the seat belt is secured properly.
			Denied 2/14/20234/19/2021
			Ourbus, Inc.
			Amend 49 CFR 390.5 and 49 CFR 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
			Denied 5/22/202305/19/2020
			Owner-Operator Independent Drivers Association (OOIDA)
			Amend 49 CFR 371.3 concerning broker transparency.
			Granted 03/16/202308/08/2019
			OOIDA
			Amend 391.47 concerning driver qualifications, to replace the terms “physician” and “medical specialist” with the term “certified medical examiner.”
			Denied            01/10/202206/14/2021
			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  02/21/202203/15/2021
			Richard Horan
			Amend 49 CFR 383.95 concerning the linkage of endorsements to specific Classes of CDL, especially the "P" endorsement.
			Denied 04/19/202208/01/2022
			Richard Horan
			Petition for rules change from Class A Vehicles Restriction to Endorsement for Class A Passenger Vehicles.
			Denied 02/07/202303/09/2022
			Small Business in Transportation Coalition (SBTC)
			Amend 49 CFR 390.5 to Define "Dispatcher."
			Denied 03/28/202301/27/2022
			SBTC
			Amend regulations on household goods motor carriers in interstate commerce contained in 49 CFR Part 375.
			Denied 10/28/202201/03/2022
			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            03/03/202209/22/2021
			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            02/21/202209/09/2021
			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            01/14/202208/01/2021
			SBTC
			Petition for 'Retrospective Review' of 49 CFR 371 & Issuance of OST Guidance on Broker Transparency.
			Denied            03/01/202205/06/2020
			SBTC
			Amend 49 CFR 371.3 concerning broker transparency.
			Granted 03/16/202310/04/2018
			SBTC
			Amend 371.2 definition of Broker and Bona Fide agents.
			Denied 01/28/202006/08/2018
			SBTC
			Revise application instructions to better accommodate class applications.
			Denied 02/28/202103/18/2018
			SBTC
			Petition to amend 49 CFR 383.133(b)(3)
			Denied 07/08/202209/08/2022
			Tarence Jones
			Petition to amend part of 49 CFR 393.3(3)(ii) to add grace period of 2-3 hour interruption of the clock count down.
			Denied 02/01/202311/20/2023
			Todd McCann
			Amend 49 CFR 395.1 (g)(1)(iii)(B) (the "split" sleeper berth rule) to begin allowing all commercial motor vehicle (CMV) drivers to utilize a "14-hour pause", and not just those individuals driving CMVs equipped with sleeper cabs.
			Denied          2/21/202408/04/2020
			Transportation Intermediaries Association (TIA)
			Rescind 49 CFR 371.3(c).  Issue regulatory guidance to distinguish between dispatch service and brokerage.
			Denied 03/17/202312/21/2018
			Truck Trailers Manufacturers Associations (TTMA)
			Amend 49 CFR 393.65 concerning auxillary fuel tanks on trailers and the restriction against gravity or syphon filling into the carburetor or fuel injector.
			Granted 03/17/202308/04/20 21
			Tyrel Olson
			Eliminate the hours-of-service rules in 49 CFR 395 from the Federal Motor Carrier Safety Regulations.
			Denied            04/07/202207/03/2018
			United States Transportation Alliance
			Proposes revisions to hours of service and other rules.
			Denied            06/01/2020
			85 FR 3339604/22/2020
			Veolia North America
			Petition to allow prospective employers to use reports from the Agency's Pre-employment Screening Program as an alternative to complete investigations and inquiries by 49 CFR 391.23(d).
			Denied            08/10/202201/11/2023
			Victor Lopez-Vargas
			Amend 49 CFR 395 to exempt military veterans.
			Denied 03/17/202310/29/2020
			Web Sling & Tie Down Association (WSTDA)
			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.
			Granted        2/22/2024
              **Contact Info:**

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

***Related links:***

Archived Petitions for Rulemaking

Petitions for Reconsideration of Rules
      
    
          Last updated: Tuesday, March 26, 2024 U.S. DEPARTMENT OF TRANSPORTATION

**Federal Motor Carrier Safety Administration**

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WASHINGTON, DC 20590

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