A proposed rule to address actions by carriers, shippers, receivers, brokers and other intermediaries to coerce drivers into violating safety regulations is now under review by the White House Office of Management and Budget. The Dept. of Transportation submitted the proposal – required by the 2012 highway program authorization law known as MAP-21 – to OMB on Jan. 10. An OMB review is the last step before an agency publishes a proposed rule for comment.
Based on DOT’s most recent timeline, the department would expect to publish the proposal by April or May, although OMB often takes far longer to review regulations than the 90 days DOT assumes. For example, a proposal to establish a drug and alcohol reporting clearinghouse for commercial driver’s license holders has been under White House review since March 2013. And a proposal related to electronic logging devices has been pending since August.
Although the regulation to implement the MAP-21 provide could take months, FMCSA has said it will address coercion in the interim as necessary, referencing the legislation for authority.
