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GAO-09-222R 1 (2008-12-03)

handle is hein.gao/gaobadwvz0001 and id is 1 raw text is: 


   I
   GA0
LV.W3L11 1= Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548

          B-317508


          December 3, 2008

          The Honorable Daniel K. Inouye
          Chairman
          The Honorable Kay Bailey Hutchison
          Ranking Minority Member
          Committee on Commerce, Science, and Transportation
          United States Senate

          The Honorable James L. Oberstar
          Chairman
          The Honorable John L. Mica
          Ranking Minority 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-
          AB14). We received the rule on November 19, 2008. It was published in the Federal
          Registeras a final rule on November 19, 2008. 73 Fed. Reg. 69,567.

          The final rule adopts as final provisions of an interim final rule concerning hours of
          service for commercial motor vehicle drivers. The final rule allows drivers to
          continue to drive up to 11 hours within a 14-hour, non-extendable window from the
          start of the workday, following at least 10 consecutive hours off duty. The final rule
          also allows drivers to restart calculation of the weekly on-duty limits after a driver
          has at least 34 consecutive hours off duty. The final rule also contains a new
          regulatory impact analysis responding to comments received on the interim final
          rule, as required by a decision issued by the United States Court of Appeals for the
          District of Columbia Circuit. Owner-Operator Independent Drivers Association, Inc.
          v. Federal Motor Carrier SafetAdministration, 494 F. 3d 118 (D.C. Cir. 2007)

          Enclosed is our assessment of the FMCSA's compliance with the procedural steps
          required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule.
          Our review indicates that FMCSA complied with the applicable requirements.


GAO-09-222R

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