HR 1008 IH

To prohibit the Secretary of Transportation and the Administrator of the Federal Motor Carrier Administration from taking action to finalize, implement, or enforce a rule related to the hours of service of drivers for motor carriers, and for other purposes.

March 13, 2001

Mr. TERRY (for himself, Mr. NETHERCUTT, Mr. JONES of North Carolina, Mr. PAUL, Mr. HILLEARY, Mr. WAMP, Mr. FERGUSON, Mr. STENHOLM, Mr. SHIMKUS, Mr. GREEN of Wisconsin, Mr. WHITFIELD, Mr. HERGER, Mr. RYUN of Kansas, Mr. ISAKSON, Mr. SENSENBRENNER, Mr. SESSIONS, Mr. POMBO, Mr. SHADEGG, Mr. GARY MILLER of California, Mr. BARTLETT of Maryland, Mr. BUYER, Mr. EHRLICH, Mr. DUNCAN, Mr. OTTER, Mr. SCHAFFER, Mr. RILEY, Mr. NEY, Mr. BLUNT, and Mr. KENNEDY of Minnesota) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

To prohibit the Secretary of Transportation and the Administrator of the Federal Motor Carrier Administration from taking action to finalize, implement, or enforce a rule related to the hours of service of drivers for motor carriers, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. PROHIBITION ON ACTIONS TO FINALIZE, IMPLEMENT, OR ENFORCE RULE.

Neither the Secretary of Transportation nor the Administrator of the Federal Motor Carrier Safety Administration may take any action or use any funding to finalize, implement, or enforce the proposed rule entitled `Hours of Service of Drivers' published by the Federal Motor Carrier Safety Administration in the Federal Register on May 2, 2000 (65 Fed. Reg. 25539 et seq. and Docket No. FMCSA 97-2350-953) and issued under the authority delegated to the Administrator under section 113 of title 49, United States Code.

SEC. 2. AUTHORITY TO PROCEED THROUGH PROCESS.

Notwithstanding section 1, the Secretary of Transportation and the Federal Motor Carrier Safety Administration may proceed through all stages of the rulemaking (other than adoption of a final rule) for the proposed rule referred to in section 1, including issuing a supplemental notice of proposed rulemaking.

SEC. 3. LIMITATION ON EFFECTIVE DATE OF FINAL RULE.

Subject to section 1, a final rule with respect to the subject matter of the proposed rule referred to in section 1 may only take effect after the last day of the 180-day period beginning on the date on which the Secretary of Transportation or the Administrator of the Federal Motor Carrier Safety Administration transmits to Congress a copy of the final rule.

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