Three New Midnight Regs
And the list keeps growing. We added three more rules to our Midnight Regulations chart for your Thursday afternoon reading pleasure.
The Environmental Protection Agency issued a rule late last month that attempts to shine a light through the pea-soup fog surrounding the designation of ‘navigable waters’ under the Clean Water Act. But the rule cemented a definition that weakens the protection of wetlands and other small bodies of water.
The rule was pushed through with unusual alacrity. It went into effect and was finalized on the same day—public comments were not solicited. The EPA justified the truncated process by citing “good cause” under the Administrative Procedures Act.
Another rule deals with the drug and alcohol testing of miners. The Mine Safety and Health Administration, which under Bush has been generally friendly to industry, has engendered opposition from lobbyists and industry groups who are dismayed by the last-minute push.
We’ve listed another rule affecting the flailing auto industry. This one seeks to increase the standard for the amount of impact a car roof can sustain. The National Highway Safety Traffic Administration has delayed its completion at least three times as it grapples with demands from safety advocates and the industry. The most recent postponement sets the finalization date well into the next administration.
Please keep the suggestions flowing! We are posting rules as quickly as we can!
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2 comments
wild watcher
Dec. 19, 2008, 12:07 a.m.
Another ‘Midnight Regs’ previously mentioned in your article “Keep Trucking (for longer hours)” j. Nankin
http://www.propublica.org/article/another-midnight-reg-keep-truckin-for-longer-hours-1212
Today described in FMSCA news release 11-18-08
http://www.fmcsa.dot.gov/about/news/news-releases/2008/111808.htm
The ‘third time’ was not a charm. No obvious changes have been made to the old HOS rules: {11hr. drive, 14hr. work, 70hr./8days, 34hr. restart}. The press release continues use of these same rules, in the face of previous Public Citizen et al lawsuits and subsequent court rulings AGAINST these HOS parameters, court rulings calling for a change of FMCSA Hours of Service (HOS)rules.
As explained to me by a funny looking driver, known to me only by his CB handle: “Turnwongfirst”, “Turnwong” told me that “these HOS rules, now remaining the same are all about UNPAID, and UNDERPAID work”. “Go figure, hand” Turnwongfirst continues… “No overtime pay, all drivers work same pay, 2000 miles pays same rate as 3500…don’t you know 2000 equal 40 hour drive, 3500 mile is 70 hour max.” “Drivers make 3500 legal every week, just to get decent paycheck, ask anybody.” “There is only 2 hands at this truckstop that drive only 2000 miles/week…and they are both skinny.”
We both laughed and Turnwongfirst continued…
“That is the UNDERPAID part, but the company insists on UNPAID work also, because they only pay the miles, nearly all other work goes UNPAID.” “Like fueling this truck, just now… or daily safety inspections, the list of UNPAID work is long…just ask any one.” “When I blow a tire, I don’t get paid for the down time, I only get paid for drive miles.” “When the FMSCA gets its head out of its xxx, and makes the HOS rules based on hourly wages, with overtime over 40 (like everyone else gets) it will turn the transportation industry on its ear, forcing the Safety issue to the front, along with cutthroat companies that require UNPAID and UNDERPAID work.” “I doubt the FMSCA even considered UNPAID work, instead they ordered up an Environmental Assessment, then determined there was no Environmental impact.”
We both laughed again.
wild;)
BigManWalking
Dec. 19, 2008, 5:51 a.m.
How incredibly sad that we have a president (Bush) and vice-president (and many who are sympathetic or cooperative) who is still at this late hour actively making our country and our people less safe, less healthy, less fair, and less livable for so many.
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