HOS, EOBR Rules Among Costliest

By Timothy Cama, Staff Reporter

This story appears in the Sept. 5 print edition of Transport Topics.

Proposed regulations to change maximum truck driver hours and require electronic onboard recorders for almost all trucks are among the most costly rules currently being considered by the Obama administration, the president wrote in a letter.

The EOBR rule, which has an estimated economic burden of $2 billion, and the hours-of-service rule, with a price tag of $1 billion, are two of seven regulations President Obama told House Speaker John Boehner (R-Ohio) will cost at least $1 billion.

鈥淭hese rules are merely proposed, and before finalizing any of them, we will take account of public comments and concerns and give careful consideration to cost-saving possibilities and alternatives,鈥 Obama wrote Aug. 30.



Days earlier, Boehner asked Obama to identify pending regulations that his administration estimates would have an economic burden of $1 billion or more.

The House, set to reconvene Sept. 6, plans to consider legislation that would require Congress to approve regulations that could have 鈥渁 significant impact on the economy.鈥 The move is part of the House鈥檚 鈥渆fforts to remove impediments to job creation and economic growth for the American people,鈥 Boehner wrote in an Aug. 26 letter.

American Trucking Associations was pleased to see the hours-of-service regulation on the list, since it opposes that rule.

鈥淲e are very happy to see that the House is paying attention to the administration鈥檚 regulatory agenda,鈥 Mary Phillips, ATA鈥檚 senior vice president of legislative affairs, told Transport Topics.

鈥淲e鈥檙e not surprised that hours of service is on that list,鈥 she said. 鈥淐ertainly, we hope that the House will act on the list of rules that was provided, including hours.鈥

However, ATA supports the EOBR mandate and does not want Congress to stop its implementation, Phillips said.

The Owner-Operator Independent Drivers Association is not surprised that the FMCSA rules were shown to be some of the most expensive ones being considered, said Todd Spencer, the group鈥檚 vice president.

鈥淲e鈥檝e known they would be expensive all along,鈥 said Spencer, whose group opposes both the EOBR and hours-of-service rules. 鈥淭he whole premise that both of these are being advanced is totally bogus.鈥

Spencer predicted that the list would bring new scrutiny to the regulations from House Republicans and impede the future implementation of them.

鈥淲e鈥檇 certainly hope so,鈥 he said.

A spokeswoman for the Federal Motor Carrier Safety Administration, which proposed both rules, declined to comment.

FMCSA released a proposal in December that favored cutting daily driving time to 10 hours from 11. It also would restrict drivers鈥 ability to reset their weekly work cycle with a 34-hour rest break. The agency will finalize that regulation by Oct. 28 (7-25, p. 31).

In January, FMCSA proposed requiring almost all trucking companies to use EOBRs to track driving hours. The agency鈥檚 estimate that it would finalize that rule by June 2012 is in jeopardy as a related rule requiring the devices for carriers with a pattern of hours-of-service violations was rejected in a federal court last month (see story, p. 1).

The EOBR and hours regulations join four regulations from the Environmental Protection Agency and one from the National Highway Traffic Safety Administration in the $1-billion-or-more list.

The EOBR mandate is tied with an EPA rule as the fourth-most expensive regulation being considered, while the hours rule comes in sixth or seventh place, as another rule has a range of possible costs.

Boehner responded to Obama鈥檚 letter by calling for the administration to release cost estimates for all 219 鈥渆conomically significant鈥 regulations, those whose costs are estimated at $100 million or more.

鈥淎t a time like this, with our economy struggling to create jobs, it鈥檚 misguided for the federal government to be imposing so many new rules with such enormous costs, even when some of those rules may be well-intentioned,鈥 Boehner said in a statement.

The NHTSA rule, estimated to cost $2 billion, would require rear-view cameras on cars. The EPA rules, ranging in cost from $600 million to $90 billion, aim to lower ozone levels and clean up pollutants at power plants and steam generating plants.