On Oct. 24, NASSTRAC filed concerns that FMCSA has failed to respond to most of the key issues raised by the American Trucking Associations' petition. The filing was made jointly with NASSTRAC as well as OOIDA, NIT League, Health & Personal Care Logistics Conference, and the Truckload Carriers Association. The substantive arguments FMCSA does offer are either impermissible post-hoc rationalizations or inconsistent with the record. Accordingly, FMCSA has not rebutted the joint petitioners' demonstration that the new restrictions imposed by the 2011 final rule are arbitrary.
The filing states that those restrictions will not yield net benefits and states that FMCSA's conclusion to the contrary rests on unjustified assumptions concerning the fatigue-caused crash rate; the relationship among work, sleep and health; and whether the same drivers work all of the longest weeks. The filing states that FMCSA has not proven that any of those assumptions bear a rational relationship to the data in the record.