The Federal Motor Carrier Safety Administration (FMCSA) has sent a new version of its truck driver hours-of-service (HOS) regulation to Bush Administration budget officials for review and the redrafted proposal could be published soon.
According to National Industrial Transportation League sources this could occur as early as August 19 and will definitely meet the September deadline.
It is anticipated that the regulation will be published as a final rule. Department of Transportation enforcement officials reportedly are already being trained in the rule.
DOT officials reportedly have acknowledged that the FMCSA proposal is now being reviewed by the White House’s Office of Management and Budget (OMB).
While they refuse to provide details on the latest HOS proposal, there are clear indications that there will be changes from what was offered by the agency for comments back in January.
In its newest revision, the agency is expected to address concerns raised by a federal court when it vacated the 2003 version in a ruling in July 2004.
The FMCSA is reworking the HOS rule because the US Court of Appeals for the District of Columbia Circuit’s July 2004 ruling directed the agency to more specifically consider the 2003 rule's impact on the health of drivers.
At a later date, FMCSA also is expected to publish a separate rulemaking to address the need for electronic on-board hours-of-service recorders.
Congress finally completed work on the multi-year surface transportation bill known as, The Safe, Accountable, Flexible, Efficient Transportation Act: A Legacy for Users (SAFETEA-LU).
President Bush signed the legislation into law last week.
SAFETEA-LU did not address the HOS issue, despite industry and Bush Administration efforts to include it.