49 CFR § 381.405 - Who determines whether a pilot program should be initiated?

---
identifier: "/us/cfr/t49/s381.405"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 381.405 - Who determines whether a pilot program should be initiated?"
title_number: 49
title_name: "Transportation"
section_number: "381.405"
section_name: "Who determines whether a pilot program should be initiated?"
chapter_name: "FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
subchapter_number: "B"
subchapter_name: "FEDERAL MOTOR CARRIER SAFETY REGULATIONS"
part_number: "381"
part_name: "WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. 31136(e), 31315; and 49 CFR 1.87."
regulatory_source: "63 FR 67608, Dec. 8, 1998, unless otherwise noted."
cfr_part: "381"
---


# 381.405 Who determines whether a pilot program should be initiated?

(a) Generally, pilot programs are initiated by the FMCSA when the agency determines that there may be an effective alternative to one or more of the requirements in the FMCSRs, but does not have sufficient research data to support the development of a notice of proposed rulemaking to change the regulation.

(b) You may request the FMCSA to initiate a pilot program. However, the decision of whether to propose a pilot program will be made at the discretion of the FMCSA. The FMCSA is not required to publish a notice in the *Federal Register* requesting public comment on your ideas or suggestions for pilot programs.