ARLINGTON, Va. — The Federal Motor Carrier Safety Administration (FMCSA) has finally issued a response to the D.C. Circuit Court of Appeals that threw out two key provisions in the American hours-of-service rules: Keep them — at least for a year.

A FMCSA memorandum filed yesterday strongly supports a previous American Trucking Associations’ request that the Court’s vacating of the 11-hour daily driving time and 34-hour provisions be stayed pending their reconsideration by the agency.

FMCSA suggested that the Court grant a 12-month stay during which it would conduct a new rulemaking that identifies procedural shortcomings identified by the Court.

A stay is needed to “prevent substantial disruption of trucking operations,” said FMCSA, citing timing concerns and significant transition costs to the industry related to a rule change. Those costs could “have to be incurred again.” The agency also predicted disruptions and confusion in HOS enforcement if the rules were changed.

The ATA welcomed the memorandum. “We are pleased that the agency has supported our motion and our view that the court ruled only on the procedures that FMCSA used in adoption of the (HOS) regulations, and not on the regulations themselves,” said ATA President and CEO Bill Graves. “It is also important to note that the FMCSA states that ‘available data show that continuing the status quo will not diminish safety.'”

Moreover, the agency expressly stated that it “agrees with ATA that maintaining the status quo will not harm public safety or driver health.” In support of that statement, improving safety statistics were cited including a declining trend in fatigue-related accidents.