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).
Download Petitions for Reconsideration (pdf, 190kb)
| Date Rcv'd | Petitioner | Rule | Docket Number | Summary of Petition for Reconsideration | Responsible Agency Office | Date of Acknowledgment | Decision (Grant/Deny) and Date of Letter to Applicant |
|---|---|---|---|---|---|---|---|
| 1/15/2016 | Truck & Engine Manufacturers Association | Electronic Logging Devices | FMCSA-2010-0167 | If 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 | |
| 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 | |
| William B. Trescott | Electronic Logging Devices | FMCSA-2010-0167 | Consider modifying the hours of service rules to adapt them to the limitations of ELDs. Because an ELD cannot tell the difference between on duty not driving time and off duty time, the HOS rules should be simplified to make the ELD completely automatic. | MC-PSV | |||
| 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 | |
| 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 | |
| 8/25/2015 | American Bus Association | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Amend the final rule to allow the use of the driver’s ROD to identify the carrier operating the service; 2. Provide clarification about the “summary” document; 3. Modify the Emergency Exception to eliminate the unnecessary requirement for passengers to be on the bus as a condition of the exception. | MC-E | 9/2/2015 | |
| 8/25/2015 | Lucky River Transportation Corp | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Define Charter versus Lease; provide clear guidance for the two terms; 2. 24-hour notification: Provide flexibility to address vehicle maintenance or driver issues when notification to the customer is not possible prior to the trip departure; 3. 48-hour charter/lease exemption: modify the exemption to allow for other situations other than those situations that arise while the passengers are ON the bus. | MC-E | 9/9/2015 | |
| 8/25/2015 | Shanker A-1 Limousine | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Define Charter versus Lease; provide clear guidance for the two terms; 2. 24-hour notification: Provide flexibility to address vehicle maintenance or driver issues when notification to the customer is not possible prior to the trip departure; 3. 48-hour charter/lease exemption: modify the exemption to allow for other situations other than those situations that arise while the passengers are ON the bus. | MC-E | 9/9/2015 | |
| 8/25/2015 | Shanker Limosine Association of NJ | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Define Charter versus Lease; provide clear guidance for the two terms; 2. 24-hour notification: Provide flexibility to address vehicle maintenance or driver issues when notification to the customer is not possible prior to the trip departure; 3. 48-hour charter/lease exemption: modify the exemption to allow for other situations other than those situations that arise while the passengers are ON the bus. | MC-E | 9/9/2015 | |
| 8/25/2015 | United Motor Coach Association | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | Permit the industry to continue exchanging charter bus services under charter or similar contracts when both companies are authorized for-hire passenger carriers and only require a lease when contracting with a carrier absent interstate passenger carrier authority. | MC-E | 8/31/2015 | |
| 8/24/2015 | Burlington Trailways | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Define Charter versus Lease; provide clear guidance for the two terms; maintenance or driver issues when notification to the customer is not possible prior to the trip departure; 3. 48-hour charter/lease exemption: modify the exemption to allow for other situations other than those situations that arise while the passengers are ON the bus. | MC-E | 9/9/2015 | |
| 8/24/2015 | Classic Charter | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Define Charter versus Lease; provide clear guidance for the two terms; maintenance or driver issues when notification to the customer is not possible prior to the trip departure; 3. 48-hour charter/lease exemption: modify the exemption to allow for other situations other than those situations that arise while the passengers are ON the bus. | MC-E | 9/9/2015 | |
| 8/24/2015 | Greyhound | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | Rule is fatally flawed. Was issued without adequate input and discussion. Should be withdrawn and reissued. Consider negotiated rulemaking. | MC-E | 8/31/2015 | |
| 8/24/2015 | Orange Belt Stages Trailways | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Define Charter versus Lease; provide clear guidance for the two terms; maintenance or driver issues when notification to the customer is not possible prior to the trip departure; 3. 48-hour charter/lease exemption: modify the exemption to allow for other situations other than those situations that arise while the passengers are ON the bus. | MC-E | 9/9/2015 | |
| 8/24/2015 | Reston Limousine | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Define Charter versus Lease; provide clear guidance for the two terms; maintenance or driver issues when notification to the customer is not possible prior to the trip departure; 3. 48-hour charter/lease exemption: modify the exemption to allow for other situations other than those situations that arise while the passengers are ON the bus. | MC-E | 9/9/2015 | |
| 8/21/2015 | Anderson Coach & Travel | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1.Define Charter versus Lease; provide clear guidance for the two terms; 2. Amend the requirement for the chartering company to include other vehicles and drivers on their insurance policy. | MC-E | 9/9/2015 | |
| 8/21/2015 | H & L Charter Co., Inc. | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | Need a clearer definition of charter versus lease. If not, bus operators will be negatively impacted and small businesses would not be able to continue operations. | MC-E | 8/31/15 | |
| 8/21/2015 | Pacific Coachways Charter Service | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Define Charter versus Lease; provide clear guidance for the two terms; maintenance or driver issues when notification to the customer is not possible prior to the trip departure; 3. 48-hour charter/lease exemption: modify the exemption to allow for other situations other than those situations that arise while the passengers are ON the bus. | MC-E | 9/9/2015 | |
| 8/21/2015 | Privateer Motor Coach | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Define Charter versus Lease; provide clear guidance for the two terms; maintenance or driver issues when notification to the customer is not possible prior to the trip departure; 3. 48-hour charter/lease exemption: modify the exemption to allow for other situations other than those situations that arise while the passengers are ON the bus. | MC-E | 9/9/2015 | |
| 8/21/2015 | USA Tours | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | . Define Charter versus Lease; provide clear guidance for the two terms; maintenance or driver issues when notification to the customer is not possible prior to the trip departure; 3. 48-hour charter/lease exemption: modify the exemption to allow for other situations other than those situations that arise while the passengers are ON the bus. | MC-E | 9/9/2015 | |
| 8/20/2015 | Academy Express | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Define Charter versus Lease; provide clear guidance for the two terms; 2. Amend the final rule to allow the use of the driver’s ROD to identify the carrier operating the service; 3. Provide clarification about the “summary” document. | MC-E | 9/9/2015 | |
| 8/19/2015 | Elite Coach Tours | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Define Charter versus Lease; provide clear guidance for the two terms; maintenance or driver issues when notification to the customer is not possible prior to the trip departure; 3. 48-hour charter/lease exemption: modify the exemption to allow for other situations other than those situations that arise while the passengers are ON the bus. | MC-E | 9/9/2015 | |
| 8/19/2015 | Michelangelo Leasing Inc. | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Define Charter versus Lease; provide clear guidance for the two terms; maintenance or driver issues when notification to the customer is not possible prior to the trip departure; 3. 48-hour charter/lease exemption: modify the exemption to allow for other situations other than those situations that arise while the passengers are ON the bus. | MC-E | 9/9/2015 | |
| 8/19/2015 | Turner Coach | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | . Define Charter versus Lease; provide clear guidance for the two terms; maintenance or driver issues when notification to the customer is not possible prior to the trip departure; 3. 48-hour charter/lease exemption: modify the exemption to allow for other situations other than those situations that arise while the passengers are ON the bus. | MC-E | 9/9/2015 | 8/19/2015 |
| 8/18/2015 | Chicago Classic Coach | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Define Charter versus Lease; provide clear guidance for the two terms; maintenance or driver issues when notification to the customer is not possible prior to the trip departure; 3. 48-hour charter/lease exemption: modify the exemption to allow for other situations other than those situations that arise while the passengers are ON the bus. | MC-E | 9/9/2015 | |
| 8/18/2015 | DeCamp Bus Lines | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Define Charter versus Lease; provide clear guidance for the two terms; maintenance or driver issues when notification to the customer is not possible prior to the trip departure; 3. 48-hour charter/lease exemption: modify the exemption to allow for other situations other than those situations that arise while the passengers are ON the bus. | MC-E | 9/9/2015 | |
| 8/18/2015 | FTI Coach Lines | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Define Charter versus Lease; provide clear guidance for the two terms; maintenance or driver issues when notification to the customer is not possible prior to the trip departure; 3. 48-hour charter/lease exemption: modify the exemption to allow for other situations other than those situations that arise while the passengers are ON the bus. | MC-E | 9/9/2015 | |
| 8/18/2015 | Mlaker Trailways | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Define Charter versus Lease; provide clear guidance for the two terms; maintenance or driver issues when notification to the customer is not possible prior to the trip departure; 3. 48-hour charter/lease exemption: modify the exemption to allow for other situations other than those situations that arise while the passengers are ON the bus. | MC-E | 9/9/2015 | |
| 8/18/2015 | Northwestern State Lines | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Define Charter versus Lease; provide clear guidance for the two terms; maintenance or driver issues when notification to the customer is not possible prior to the trip departure; 3. 48-hour charter/lease exemption: modify the exemption to allow for other situations other than those situations that arise while the passengers are ON the bus. | MC-E | 9/9/2015 | |
| 8/18/2015 | Rockford Charter Coach | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Define Charter versus Lease; provide clear guidance for the two terms; maintenance or driver issues when notification to the customer is not possible prior to the trip departure; 3. 48-hour charter/lease exemption: modify the exemption to allow for other situations other than those situations that arise while the passengers are ON the bus. | MC-E | 9/9/2015 | |
| 8/17/2015 | American Star Tours Inc. | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Define Charter versus Lease; provide clear guidance for the two terms; maintenance or driver issues when notification to the customer is not possible prior to the trip departure; 3. 48-hour charter/lease exemption: modify the exemption to allow for other situations other than those situations that arise while the passengers are ON the bus. | MC-E | 9/9/2015 | |
| 8/17/2015 | Citizen Auto Stage | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Define Charter versus Lease; provide clear guidance for the two terms; maintenance or driver issues when notification to the customer is not possible prior to the trip departure; 3. 48-hour charter/lease exemption: modify the exemption to allow for other situations other than those situations that arise while the passengers are ON the bus. | MC-E | 9/9/2015 | |
| 6/26/2015 | Kelton Tours | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | Request that the term Charter be defined; and request clear guidance between the terms Charter and Lease. | MC-E | 9/9/2015 | |
| 6/25/2015 | Trailways New York | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Eliminate the vehicle marking requirements for pool partner and commonly owned and controlled carriers; 2. Modify the single document requirements for owned and controlled carriers to allow for compliance by use of more than one document; 3. Eliminate: a) language that places responsibility on a lessee for operations and compliance by a lessor’s driver; b) requirement that signatures of both parties appear on lease or agreement; c) and further study/discuss a workable solution when passenger motor carriers charter and rent/hire coaches. | MC-E | 9/9/2015 | |
| 6/24/2015 | See & See Friendly Tours, Inc. | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Define Charter versus Lease; provide clear guidance for the two terms; maintenance or driver issues when notification to the customer is not possible prior to the trip departure; 3. 48-hour charter/lease exemption: modify the exemption to allow for other situations other than those situations that arise while the passengers are ON the bus. | MC-E | 9/9/2015 | |
| 6/23/2015 | Coachlight Tours | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Define Charter versus Lease; provide clear guidance for the two terms; maintenance or driver issues when notification to the customer is not possible prior to the trip departure; 3. 48-hour charter/lease exemption: modify the exemption to allow for other situations other than those situations that arise while the passengers are ON the bus. | MC-E | 9/9/2015 | |
| 6/23/2015 | Eastside Transport Service | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Define Charter versus Lease; provide clear guidance for the two terms; maintenance or driver issues when notification to the customer is not possible prior to the trip departure; 3. 48-hour charter/lease exemption: modify the exemption to allow for other situations other than those situations that arise while the passengers are ON the bus. | MC-E | 9/9/2015 | |
| 6/23/2015 | Little Rock Tours & Travel | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Define Charter versus Lease; provide clear guidance for the two terms; maintenance or driver issues when notification to the customer is not possible prior to the trip departure; 3. 48-hour charter/lease exemption: modify the exemption to allow for other situations other than those situations that arise while the passengers are ON the bus. | MC-E | 9/9/2015 | |
| 6/22/2015 | Capitol Bus Lines, Inc. | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Define Charter versus Lease; provide clear guidance for the two terms; maintenance or driver issues when notification to the customer is not possible prior to the trip departure; 3. 48-hour charter/lease exemption: modify the exemption to allow for other situations other than those situations that arise while the passengers are ON the bus. | MC-E | 9/9/2015 | |
| 6/22/2015 | Emerald Tours & Cruises, Inc. | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Define Charter versus Lease; provide clear guidance for the two terms; maintenance or driver issues when notification to the customer is not possible prior to the trip departure; 3. 48-hour charter/lease exemption: modify the exemption to allow for other situations other than those situations that arise while the passengers are ON the bus. | MC-E | 9/9/2015 | |
| 5/29/2015 | Coach USA | Lease & Interchange of Vehicles; Motor Carriers or Passengers | FMCSA-2012-0103 | 1. Add a new exception to the leasing rules for primary contractors/ subcontractors; 2. Amend regulations to allow lessor’s insurance to cover vehicles leased to another carrier; 3. Withdraw the new requirement that carriers change markings on a motorcoach when it is interchanged between 2 commonly owned and controlled carriers; 4. Amend summary sheet requirement so that it only contain certain information. | MC-E | 9/9/2015 |
Contact Info:
FMCSA
Charles Horan
Director Office of Carrier, Driver, and Vehicle Safety Standards Charles.Horan@dot.gov
Updated: Monday, August 29, 2016