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entirety of the 2011 HOS regulations, but that the agency is working “as expe- Who’s to pay, if Not Us?
except for the 30-minute break provi- ditiously as possible.” The Panel on 21st Century
sion as it applies to short haul drivers. Supporters of the TRUE Safety Act Freight Transportation, chaired by U.S.
The Moving Ahead for Progress in contend that the Congressional intent Representative John Duncan (R-Tenn.)
the 21st Century Act (MAP-21) directed of the MAP-21 HOS study requirement and Ranking Member Jerrold Nadler
FMCSA to conduct a statistically valid was to have the field study on the effi- (D-N.Y.), released its final report
field study on the 34-hour restart provi- cacy of the 34-hour restart provision on the current state of the nation’s
sion by March 31, 2013, and to report completed before the July 1 implemen- freight transportation system recom-
the findings to Congress by Sept. 30, tation date. mendations for freight transportation
2013. While the September deadline has Rep. Hanna maintains the 34-hour improvements to strengthen the U.S.
come and gone, an FMCSA spokesper- restart provision hurts small busi- economy.
son recently reported that the agency ness and is “arbitrary and capricious” Joining Duncan and Nadler on
has completed data collection for the because FMCSA has not yet completed the 11-member, bi-partisan panel
field study and is currently working on the legally required study on the effec- were Republican members Gary Miller
analysis and review. tiveness of the provision. (Calif.), Rick Crawford (Ark.), Richard
Rep. Hanna has been actively “It is wrongheaded for the federal Hanna (N.Y.), Daniel Webster (Fla.)
pressing DOT on the HOS rule for government to impose an arbitrary and Markwayne Mullin (Okla.); and
some time. In late August, Hanna gath- and capricious regulation that impacts Democratic members Corrine Brown
ered 51 signatures on a letter to DOT almost every sector of the American (Fla.), Daniel Lipinski (Ill.), Albio Sires
Secretary Anthony Foxx asking for more economy without first finishing a study (N.J.) and Janice Hahn (Calif.).
information about when the 34-hour on its effectiveness,” Hanna said in a In April, Transportation and
restart study would be completed. In statement. “Federal agencies should Infrastructure Committee Chairman
a September 18 reply, Secretary Foxx have an obligation to prove that new Bill Shuster (R-Pa.) and Ranking
informed Hanna that he could not pre- rules and regulations do not cause more Member Nick Rahall (D-W. Va.) estab-
dict the date that the report would be harm than good — in terms of both lished the special panel and tasked it
completed and submitted to Congress, safety and costs.” 

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