This is kind of anti-climactic since the rule was formally announced by DOT on Friday, but the OMB’s Office of Information and Regulatory Affairs has reported that it has approved the rule. It was supposedly approved on Friday, but somehow I missed the announcement in my search of the OIRA site on Saturday and Monday. I must be getting old.
I have been asked why I haven’t started my normal review of an important rule like this. The reason is simple; I’m waiting for the rule to be officially published in the Federal Register. This is not out of any concern that the copy provided by the DOT on Friday is in any way wrong, but rather because the Federal Register publication would allow me to provide links in my discussion to specific sections of the text of the preamble. This allows my readers to see exactly what the DOT reasoning is for the things that I discuss.
There is still no word on when it will be published. I expect that it will be this week, but there have been excessive delays with other DOT rules.