FHWA Considering Outside Input
The agency said in a notice published in today’s Federal Register that it has hired two convenors to explore the feasibility of forming a committee of all affected parties to negotiate a draft rule.
In a negotiated rulemaking, government, industry, labor and other affected parties jointly develop a rule, which is then sent out for public comment before being finalized. This is different than a traditional rulemaking in which a federal agency develops a rule and gives affected parties a chance to suggest changes before issuing a final rule.
Today’s announcement does not mean the planned overhaul of the hours of service rules will be negotiated, FHWA stressed in the Register notice. The two convenors will interview all parties affected by the hours of service rules, including carriers, drivers, safety groups, law enforcement officials and insurers as part of their examination. The convenors will submit a report and recommendation to FHWA. This process could take anywhere from two to nine months.
American Trucking Associations has lobbied FHWA for several months in support of a negotiated rulemaking.
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