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.
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