The three-judge panel agreed with Public Citizen that the agency did not provide any opportunity for notice and comment on its new model or explain the methodology and assumptions that underlay it. The court also faulted the agency’s model for failing to deal with the problem of the added cumulative fatigue that would be caused by the 34-hour restart, which permitted significantly greater hours of driving per week.
The court struck down the portions of the rule that permitted the eleventh hour of driving and the 34-hour restart........... Public Citizen | Press Room - Federal Appeals Court Again Strikes Down Longer Hours-of-Service Rules for Truckers 
DC Court THROWS out 11 Hour Driving Under The NOS! 
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