In The News

FMCSA hours rule on track

The Federal Motor Carrier Safety Administration appears likely to issue an hours-of-service final rule by its Oct. 28 deadline, but has postponed its timeline for issuing rulemaking for Carrier Safety Fitness Determination.

The FMCSA sent a HOS final rule to Transportation Secretary Ray LaHood Aug. 11, just two days past target date. After LaHood’s office completes consideration, the Office of Management and Budget will review the rule before publication.

A federal court originally set the Federal Register publication deadline for July 26, but later agreed to extend that deadline until Oct. 28.

The agency had initiated rulemaking to base carrier safety fitness on crashes, inspections and violations instead of just compliance reviews, in accordance with its Compliance Safety Accountability initiative.

It originally expected to publish a carrier fitness Notice of Proposed Rulemaking in 2008. Last month, it listed a Dec. 29 deadline for publication, which has been postponed until Feb. 8 because of unanticipated issues and needing additional coordination.

The agency is staying close to schedule for issuing a Supplemental Notice of Proposed Rulemaking for a United Registration System, set for publication Oct. 20. The URS would replace the DOT number identification, commercial registration and financial responsibility systems with an online unified registration system.

On Aug. 3, the Pipeline and Hazardous Materials Safety Administration sent a final rule limiting cell phone use by hazardous materials transporters to LaHood’s office, with publication expected Oct.12.

The rulemaking would affect hazmat haulers requiring placarding under Part 172 of the 49 CFR or any of a select agent or toxin listed in 42 CFR Part 73.The PHMSA published an Advance Notice of Proposed Rulemaking 17 months ago.

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