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May 27, 2011 2:30 PM, EDT

FMCSA to Issue HOS Rule by Oct. 28

Larry Smith/Trans Pixs

The Federal Motor Carrier Safety Administration will publish its revised hours-of-service rule by Oct. 28, not the July 26 deadline previously set by a court, the agency said in a court filing.

The agency submitted four studies on driver fatigue for public comment earlier this month, two of which were published in April, it said in a report to the Court of Appeals for the District of Columbia Circuit May 20. It then reopened the comment period for its proposal, which will now close June 8.

“In light of the reopening of the comment period, FMCSA will be unable to publish a final rule by July 26, 2011, as it agreed to do,” the agency said, adding that it now intends to publish the rule by Oct. 28.

A federal judge set the July 26 deadline as part of an October 2009 settlement of a lawsuit brought against FMCSA by several groups. The groups agreed to the new Oct. 28 deadline, FMCSA said in its filing.