Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Feds Withdraw Sleep Apnea Pre-Rule

The Federal Motor Carrier Safety Administration and the Federal Railroad Administration have withdrawn their advance notice of proposed rulemaking on obstructive sleep apnea.

David Cullen
David Cullen[Former] Business/Washington Contributing Editor
Read David's Posts
August 4, 2017
Feds Withdraw Sleep Apnea Pre-Rule

 

2 min to read


The Federal Motor Carrier Safety Administration and the Federal Railroad Administration have withdrawn their advance notice of proposed rulemaking on obstructive sleep apnea.

The so-called “pre-rule” was jointly issued in March 2016. It was regarded by the two agencies as merely “the first step” in considering whether to propose specific requirements around OSA for commercial vehicle drivers and rail workers in “safety sensitive positions.”

Ad Loading...

FMCSA and FRA said in an Aug. 4 announcement of the withdrawal that the agencies have “determined not to issue a notice of proposed rulemaking at this time and believe that current safety programs and FRA’s rulemaking addressing fatigue risk management are the appropriate avenues to address OSA.”

The agencies did stress that “OSA remains an ongoing concern for the agencies and the motor carrier and railroad industries because it can cause unintended sleep episodes and resulting deficits in attention, concentration, situational awareness, and memory, thus reducing the capacity to safely respond to hazards when performing safety sensitive duties.”

The 2016 pre-rule (RIN 2126-AB88 and 2130-AC52), titled “Evaluation of Safety Sensitive Personnel for OSA,” had sought to obtain “data and information concerning the prevalence of moderate-to-severe obstructive sleep apnea among individuals occupying safety sensitive positions in rail and highway transportation.”

Ad Loading...

The agencies also had requested information about the potential economic impact and safety benefits associated with “regulatory actions that would result in transportation workers in these positions, who exhibit multiple risk factors for OSA, undergoing evaluation by a healthcare professional with expertise in sleep disorders, and subsequent treatment.”

In its notice of withdrawal published in the Federal Register, the agencies stated they had received more than 700 comments from individuals, medical professionals, labor groups, and transportation industry stakeholders as well as the National Transportation Safety Board.

FMCSA added that it “reminds medical examiners that there are no FMCSA rules or other regulatory guidance beyond” existing Medical Review Board recommendations that already “provide objective criteria for identifying drivers who may be at greater risk for OSA.”

In addition, FMCSA said it will continue to recommend that drivers and their employers use the North American Fatigue Management Program, “a voluntary, fully interactive web-based educational and training program developed to provide both truck and bus commercial vehicle drivers and carriers and others in the supply chain with an awareness of the factors contributing to fatigue and its impact on performance.”

The agency noted that Module 8 of the NAFMP program, Driver Sleep Disorders Management, includes an extensive discussion of OSA.

More Drivers

Line of gray semi trucks with Fraley & Schilling logo
Safety & ComplianceJuly 15, 2026

How Fraley & Schilling Improved Logbook Compliance by Over 50%

Fraley & Schilling needed a way to close a compliance workflow gap in its ELD system without adding more work from driver training, reminders, and back-office follow-ups. It found the answer in a custom driver app.

Read More →
Volvo American Truck Simulator.
Driversby News/Media ReleaseJuly 8, 2026

Volvo Goes Gaming

Volvo has roared into American Truck Simulator with two new flagship trucks.

Read More →
Two black men in safety vests walking together laughing in a truck fleet yard
Driversby Deborah LockridgeJuly 6, 2026

What the Best Fleets to Drive For Teach About Driver Retention

Survey fatigue, AI-powered routing, owner-operator expectations, and the decline of social media all emerged as themes from this year's Best Fleets to Drive For program.

Read More →
Ad Loading...
Podcast thumbnail showing Jane Jazrawy, the words "When Drivers Tune Out," and a line drawing of a truck.
DriversJuly 2, 2026

Driver Retention Lessons From the Best Fleets to Drive For

What separates trucking's best workplaces from the rest? Jane Jazrawy shares the biggest lessons from this year's Best Fleets to Drive For program on driver retention, communication, AI, and workforce trends on the HDT Talks Trucking podcast.

Read More →
Man standing beside tractor-trailer in sepia tone with the words "Farewell CDL" superimposed on top
Driversby Jack RobertsJuly 1, 2026

Farewell, CDL: Why I'm Giving Up My Commercial Driver's License

After more than 20 years as a CDL holder, HDT Executive Editor Jack Roberts is letting his commercial license expire. Not because he wants to — but because trucking's nuclear verdict crisis has made the risks of public-road test drives too great for editors, manufacturers, and everyone involved.

Read More →
HDT Talks Trucking thumbnail with photo of Jane Jazrawy and the text,, "When Drivers Tune Out"
Driversby Deborah LockridgeJune 24, 2026

How Top Trucking Fleets Improve Driver Retention [Video]

What do healthy snacks, optimized routing, and just picking up the phone have in common? They're all strategies the Best Fleets to Drive For are using to retain truck drivers.

Read More →
Ad Loading...
Trucker Path Cargo Net theft overlay.
Driversby News/Media ReleaseJune 23, 2026

Trucker Path Adds Verisk CargoNet Theft Data to Navigation Platform

Trucker Path’s new cargo theft risk overlays give drivers and fleets visibility into high-risk areas, stolen commodity trends, and theft hotspots.

Read More →
Man seated in front of computer with inset of insights generated for a truck driver

Netradyne Intelligence Uses New AI Agents to Automate Response to In-Cab Camera Data

The company called the next-generation in-cab camera safety platform "a fundamental shift from systems that report on what happened to systems that actively drive what should happen next."

Read More →
Illustration of hourglass and trucks backed up to a dock
DriversJune 15, 2026

Why Truck Detention Keeps Costing Fleets Time and Money

A 2024 ATRI study found detention affects nearly 40% of truckload stops and costs the industry more than $15 billion annually. Despite the toll on drivers, fleets, and supply chains, the problem remains stubbornly persistent.

Read More →
Ad Loading...
Artist rendering of dealership with trucks and trailers parked outside
Equipmentby News/Media ReleaseJune 2, 2026

Prime Inc. to Open $7.9M Flagship Used-Truck Dealership

A new driver-focused facility to sell Prime Inc's used trucks and trailers will be the first purpose-built location in the company's history.

Read More →