The White House Office of Management and Budget is reviewing the final rule for truck drivers’ hours of service after receiving the rule from the U.S. Department of Transportation Nov. 1.
The Federal Motor Carrier Safety Administration had sent the proposal to U.S. Transportation Secretary Ray LaHood for review on Aug. 11.
Under the current proposal, FMCSA is, among other changes, considering whether to reduce the daily driving limit from 11 hours to 10 hours and to limit the 34-hour restart provision by requiring that it include two periods from midnight to 6 a.m. and limiting its use to once per week.
The American Trucking Associations and the Owner-Operator Independent Driver Association have said the proposal is costly and unnecessary since studies indicate safety improvements under the 2008 rule.
In 2009, FMCSA had entered into a settlement agreement with safety advocacy groups and the Teamsters union to revisit the 2008 rule and publish a revised rule. This agreement stipulated if the agency produces a “substantially different” rule from the current one, this “may” eliminate the need for further judicial review. The U.S. Court of Appeals for the District of Columbia originally set the Federal Register publication deadline for July 26, which it later extended to Oct. 28.
FMCSA on Oct. 28 announced it would not be able to publish the rule by that day’s court-imposed extended deadline. The deadline was extended to Nov. 28.
