FMCSA gets extension on HOS supporting documents

“The OMB approval process is ongoing and the agency anticipates that this process will be completed within the next 30 days,” FMCSA said in the request for the extension.

The Trucker Staff

12/30/2010

WASHINGTON — The U.S. Court of Appeals for the District of Columbia Circuit has granted the Federal Motor Carrier Safety Administration a deadline extension on its proposal for Hours of Service documents until Jan. 31, 2011.

The American Trucking Associations on Jan. 15, 2010, had filed an instant Petition for a Writ of Mandamus seeking to compel FMCSA to develop regulations governing “supporting documents” needed to verify the compliance with the HOS rule.

The court had granted the ATA’s petition on Sept. 30, and ordered FMCSA to issue a Notice of Proposed Rulemaking by Thursday, Dec. 30.

In the request for an extension filed Dec. 22, the FMCSA said it sent the proposed rulemaking to the Office of Budget and Management on Nov. 29.

“The OMB approval process is ongoing and the agency anticipates that this process will be completed within the next 30 days,” FMCSA said in the request for the extension.

The rule, which FMCSA has tied to an expanded EOBR mandate, had been scheduled for publication in the Federal Register in January.

Lyndon Finney of The Trucker staff may be contacted to comment at editor@thetrucker.com.