Small Business in Transportation Coalition - Petition for Rulemaking

SBTC Petition for Rulemaking (revoke rule) > Sent: Wednesday, July 09, 2025 at 6:03 PM > From: "James Lamb" <JimLamb@usa.com> > To: secretaryduffy@dot.gov, "sue.lawless@dot.gov" <sue.lawless@dot.gov> > Cc: Mar@marcorubio.com, Editor@thetrucker.com, DanaG@TheTruckerMedia.com, muthatruckernews@gmail.com, jgallagher@firecrown.com, "Minor, Larry (FMCSA)" <larry.minor@dot.gov>, hotline@oig.dot.gov, Deputydirector@fbi.gov, FMCSAExecSec@dot.gov, Jesse.Elison@dot.gov, "Steven.Bradbury@dot.gov" <Steven.Bradbury@dot.gov>, "Laurence Socci" <laurence.socci@soccilawfirm.com>, SBA.Administrator@sba.gov, Wendell.Davis@sba.gov > Subject: Petition for Rulemaking to Revoke Regulations > > Dear Secretary Duffy, > > The SBTC hereby PETITIONS the Office of the Secretary of Transportation and the Federal Motor Carrier Safety Administration for repeal of 49 CFR Subpart H § 385.601 to § 385.603 (referenced below). > > Given US Immigration laws, the FMCSA Safety regulations generally, and the Driver English language proficiency requirement set forth in 49 CFR 391.11, the SBTC believes the United States Department of Transportation should not be granting operating authority to non-North America-domiciled motor carriers of property or passengers. > > Notwithstanding bona fide E-2 Treaty Investors, who make substantial, at risk investments, we contend this current FMCSA practice of granting operating authority to individual foreign nationals violates Immigration law, constitutes illegal and unfair competition against American citizens operating small motor carrier and independent owner-operator businesses within the United States, and unreasonably restrains American trade. > > We respectfully request this section please be repealed, any certificates or permits of operating authority granted under this subpart be REVOKED, and FMCSA be directed to DISCONTINUE this unlawful practice in the interest of public safety. > > Thank you for your consideration. > > Sincerely, > > /JAMES LAMB/ > SBTC Executive Director > > > Subpart H—Special Rules for New Entrant Non-North America-Domiciled Carriers > > Source:73 FR 76491, Dec. 16, 2008, unless otherwise noted. > > § 385.601 Scope of rules. > > The rules in this subpart govern the application by a non-North America-domiciled motor carrier to provide transportation of property and passengers in interstate commerce in the United States. > > § 385.603 Application. > > (a) Each applicant applying under this subpart must submit an application that consists of: > > (1) Form MCSA-1, the URS online application; and > > (2) A notification of the means used to designate process agents, either by submission in the application package of Form BOC-3, Designation of Agents—Motor Carriers, Brokers and Freight Forwarders, or a letter stating that the applicant will use a process agent service that will submit the Form BOC-3 electronically. > > (b) The FMCSA will process an application only if it meets the following conditions: > > (1) The application must be completed in English. > > (2) The information supplied must be accurate, complete, and include all required supporting documents and applicable certifications in accordance with the instructions to Form MCSA-1 and Form BOC-3. > > (3) The application must include the filing fee payable to the FMCSA in the amount set forth at 49 CFR 360.3(f)(1). > > (4) The application must be signed by the applicant. > > (c) An applicant must electronically file Form MCSA-1. > > (d) Form MCSA-1 is the URS online application and is available, including complete instructions, at fmcsa.dot.gov/urs. > > [80 FR 63708, Oct. 21, 2015]