October 23, 1998

Federal Highway Administrator Kenneth R. Wykle today announced that the agency has hired two convenors to consider the feasibility of negotiated rulemaking as an approach to developing hours-of-service rules for commercial drivers.

"Safety is President Clinton's highest transportation priority, and negotiated rulemaking holds great promise for reaching consensus on this important safety issue," Wykle said. "Secretary Slater has asked everyone in the department, along with our industry partners, to join him in creating a visionary and vigilant U.S. Department of Transportation to lead the way to transportation excellence in the 21st century. It is for these reasons that we are making the first comprehensive effort to improve hours-of-service rules since they were established in the 1930s.

Under the Negotiated Rulemaking Act of 1996, convenors impartially assist an agency in determining whether it is feasible and appropriate to enter into a negotiated rulemaking process. The Federal Highway Administration (FHWA), an agency of the U.S. Department of Transportation, hired the two convenors; they are Alana S. Knaster of Los Angeles and Charles Pou of Washington, D.C.

In a negotiated rulemaking, an agency invites interests likely to be affected by a regulation to work together on a negotiating committee to develop a consensus draft of the proposed rule. If the FHWA approves, the consensus proposed rule is then published by the agency for public comment under traditional regulatory procedures.

Neutral convenors interview affected interests, including drivers, motor carriers, safety groups and enforcement officials. They then submit a report of findings and recommendations to the FHWA as to whether a negotiating committee can be assembled that fairly represents all affected interests and is willing to negotiate in good faith.

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