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GAO-12-397R 1 (2012-01-27)

handle is hein.gao/gaobadomz0001 and id is 1 raw text is: 




        Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


          B-322995


          January 27, 2012

          The Honorable John D. Rockefeller IV
          Chairman
          The Honorable Kay Bailey Hutchison
          Ranking Member
          Committee on Commerce, Science, and Transportation
          United States Senate

          The Honorable John L. Mica
          Chairman
          The Honorable Nick J. Rahall II
          Ranking Member
          Committee on Transportation and Infrastructure
          House of Representatives

          Subject: Department of Transportation, Federal Motor Carrier Safety Administration:
                   Hours of Service of Drivers

          Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Department of Transportation, Federal Motor Carrier
          Safety Administration (FMCSA), entitled Hours of Service of Drivers (RIN: 2126-
          AB26). We received the rule on January 13, 2012. It was published in the Federal
          Register as a final rule on December 27, 2011. 76 Fed. Reg. 81,134.

          The final rule revises the hours of service (HOS) regulations to limit the use of the
          34-hour restart provision to once every 168 hours and to require that anyone using
          the 34-hour restart provision have as part of the restart two periods that include
          1 a.m. to 5 a.m. It also includes a provision that allows truckers to drive if they have
          had a break of at least 30 minutes, at a time of their choosing, sometime within the
          previous 8 hours. This rule does not include a change to the daily driving limit
          because FMCSA is unable to definitively demonstrate that a 10-hour limit-which it
          favored in the notice of proposed rulemaking (NPRM)-would have higher net
          benefits than an 11-hour limit. The current 11-hour limit is, therefore, unchanged at
          this time. The 60- and 70-hour limits are also unchanged. The purpose of the rule is
          to limit the ability of drivers to work the maximum number of hours currently allowed,
          or close to the maximum, on a continuing basis to reduce the possibility of driver
          fatigue. FMCSA notes that long daily and weekly hours are associated with an


GAO-12-397R

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