49 C.F.R. § 389.31

Petitions for rulemaking

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(a) Any interested person may petition the Administrator to establish, amend, interpret, clarify, or withdraw a rule.

(b) Each petition filed under this section must:

(1) Be submitted in writing by mail to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE, Washington, DC 20590-0001 or electronically at www.regulations.gov, using the general petitions for rulemaking docket listed on FMCSA's website at www.FMCSA.dot.gov.

(2) 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of the rule or amendment proposed, or specify the rule that the petitioner seeks to have interpreted, clarified or withdrawn, as the case may be;

(3) Explain the interest of the petitioner in the action requested;

(4) Contain any information, data, research studies, and arguments available to the petitioner to support the action sought.

[85 FR 86849, Dec. 31, 2020, as amended 88 FR 80183, Nov. 17, 2023]

Notes of Decisions

Cited in 4 cases, 1976–2001 · leading case: De La Fuente v. Stokely-Van Camp, Inc., 514 F. Supp. 68 (C.D. Ill. 1981).

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De La Fuente v. Stokely-Van Camp, Inc., 514 F. Supp. 68 (C.D. Ill. 1981). “49 C.F.R. § 389.31 et seq. establish procedures through which interested persons may petition the Department for the initiation of rule making proceedings.”

Usery v. Tamiami Trail Tours, Inc., 531 F.2d 224 (5th Cir. 1976). ““Furthermore, our rule making procedures, 49 CFR 389.31, permit “any interested person” to petition the Bureau for an amendment to the driver qualification regulations and to support the petition with evidence tending to show that the amendment would result in a safer driver…”

Moore v. United States Dep't of Transp., 3 F. App'x 508 (7th Cir. 2001). “See 49 C.F.R. §§ 389.31 , 389.33-37. In addition, under 28 U.”

12 Fair empl.prac.cas. 1233, 11 Empl. Prac. Dec. P 10,916 W. J. Usery, Sec'y of Labor, United States Dep't of Labor v. Tamiami Trail Tours, Inc., 531 F.2d 224 (5th Cir. 1976). “95 'Furthermore, our rule making procedures, 49 CFR 389.31, permit 'any interested person' to petition the Bureau for an amendment to the driver qualification regulations and to support the petition with evidence tending to show that the amendment would result in a safer driver…”

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