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entirety of the 2011 HOS regulations, except for the 30-minute break provi- sion as it applies to short haul drivers. The Moving Ahead for Progress in


the 21st Century Act (MAP-21) directed FMCSA to conduct a statistically valid field study on the 34-hour restart provi- sion by March 31, 2013, and to report the findings to Congress by Sept. 30, 2013. While the September deadline has come and gone, an FMCSA spokesper- son recently reported that the agency has completed data collection for the field study and is currently working on analysis and review. Rep. Hanna has been actively


pressing DOT on the HOS rule for some time. In late August, Hanna gath- ered 51 signatures on a letter to DOT Secretary Anthony Foxx asking for more information about when the 34-hour restart study would be completed. In a September 18 reply, Secretary Foxx informed Hanna that he could not pre- dict the date that the report would be completed and submitted to Congress,


but that the agency is working “as expe- ditiously as possible.” Supporters of the TRUE Safety Act


contend that the Congressional intent of the MAP-21 HOS study requirement was to have the field study on the effi- cacy of the 34-hour restart provision completed before the July 1 implemen- tation date. Rep. Hanna maintains the 34-hour


restart provision hurts small busi- ness and is “arbitrary and capricious” because FMCSA has not yet completed the legally required study on the effec- tiveness of the provision. “It is wrongheaded for the federal


government to impose an arbitrary and capricious regulation that impacts almost every sector of the American economy without first finishing a study on its effectiveness,” Hanna said in a statement. “Federal agencies should have an obligation to prove that new rules and regulations do not cause more harm than good — in terms of both safety and costs.”


WHO’S TO PAY, IF NOT US? The Panel on 21st Century


Freight Transportation, chaired by U.S. Representative John Duncan (R-Tenn.) and Ranking Member Jerrold Nadler (D-N.Y.), released its final report on the current state of the nation’s freight transportation system recom- mendations for freight transportation improvements to strengthen the U.S. economy. Joining Duncan and Nadler on


the 11-member, bi-partisan panel were Republican members Gary Miller (Calif.), Rick Crawford (Ark.), Richard Hanna (N.Y.), Daniel Webster (Fla.) and Markwayne Mullin (Okla.); and Democratic members Corrine Brown (Fla.), Daniel Lipinski (Ill.), Albio Sires (N.J.) and Janice Hahn (Calif.). In April, Transportation and


Infrastructure Committee Chairman Bill Shuster (R-Pa.) and Ranking Member Nick Rahall (D-W. Va.) estab- lished the special panel and tasked it





ARKANSAS TRUCKING REPORT | Issue 5 2013


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