The hours-of-service response is ultimately rather empty: it reflects only that FMCSA is currently in court over the hours of service rules. Given that the administration is under court order to re-fashion the hours of service rules, there seems little reason for the administration to have endorsed revision of the HOS rules for the final hit list. Is the administration signalling its intention to issue revised rules that distinguish between long-haul trucking and local trucking -- or to create, essentially, a Wal-Mart exception to whatever are the final HOS rules?

The endorsement of the industry wish for FMCSA to allow surge brakes on certain trailers also seems unnecessary, given that the agency has already granted an industry petition for rulemaking on that very subject. This case underscores the redundancy and inefficiency of the OMB hit list project: industry does not need OMB as a middle man, because it can already petition the agencies directly for rulemaking. Also, the hit list process diverted agency resources to respond, even in cases in which the agency has already begun to act long before the hit list itself.

Posted by Robert Shull