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New Regulation Emphasis For Trucking May Stem From White House Order

Speculation abounds over how the new executive order will affect regulatory agencies and what it means for the industries governed.
Vacclav/Deposit Photos

A new direction and significant changes could result from an executive order issued from a small, not well-known office at the White House. This would affect the commercial truck industry and other federal regulations. 

Issued by the Office of Information and Regulatory Affairs, within the White House Office of Management and Budget, the order is called the "Modernizing Regulatory Review." President Joe Biden recently signed the order. 

  • Regulatory actions are reviewed and managed by the Office of Information and Regulatory Affairs. The office steps in when a regulatory agency proposed an effective regulation that expects to:
  • Annually affect the economy by $100,000,000 or more.
  • Majorly increase costs or prices.
  • Have a significant impact on the competitiveness of the United States. 

In the history of the Federal Motor Carrier Safety Administration, the Office of Information and Regulatory Affairs reviews the cost and benefit analysis of significant rulemaking. They also check that all regulatory procedures are followed and ensure that federal agencies remain consistent in regulations. 

By issuing the new executive order, the director of the Office of Management and Budget will provide a list of recommendations on how the regulation review process can provide:

  • Promotion of public health and safety
  • Economic growth
  • Social Welfare
  • Environmental Stewardship
  • Equity
  • Interests of future generations
  • Racial Justice

The order clarifies that the regulation review process serves as a tool to promote regulations that advance the values set forth within the guidelines.

Advancement of a society-based plan was never part of the Office of Information and Regulatory Affairs' role. This means that no one needs to share the values within the executive order. Supporters of the order claim the office narrows the economic focus. This means that the office ignores environmental and social costs or benefits that would be hard to convert into dollar amounts.

Regarding the traditional cost or benefit reviews, the executive order states the Office of Information and Regulatory Affairs to fully account for regulatory benefits that are difficult or impossible to quantify. This will help the procedural hurdle that multiple regulations have had issues overcoming. The office is to guard against harmful effects from anti-regulation or deregulation. 

Many people are stating the executive order has removed a regulation barrier. 

The executive order is also designed to help the Office of Information and Regulatory Affairs provide regulation benefits to vulnerable, disadvantaged, or marginalized communities and protect them from regulatory burdens. The order also requires the office to partner with regulatory agencies to better promote and advance these goals. 

With every administration, there comes a set of values and political perspectives for each. However, with regulations, Congress's scope, direction, and limitations on federal agencies and their powers have been set. Some say that the White House order violates Congressional statutes that redesigns the job descriptions of regulatory agencies from behind the scenes. 

The effect of this new executive order has many in the commercial trucking industry wondering about the impact of regulations issued by the Federal Motor Carrier Safety Administration. While speculation remains, there are two possible outcomes that are the primary consideration. The Federal Motor Carrier Safety Administration may receive encouragement from the Office of Information and Regulatory Affairs to develop motor carrier hiring guidelines that target the inclusion of Similarly. The Federal Motor Carrier Safety Administration may determine the cost and benefit analysis for future hours of service revisions tied to the use of alternative fuel or environment-friendly electric engines. 

Of course, these are simply theories and examples. The executive order may result in litigation in the future to resolve what critics believe is a conflict between the executive and congressional powers.

Comments

Douglas S.
July 03, 2021 at 3:55 AM
More government is NEVER good

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