The American Trucking Associations is upping its campaign against the Federal Motor Carrier Administration's proposed changes to the hours of service rule.

ATA asked a researcher whose work the agency cites in support of the proposal to review the agency's findings. Prof. Francesco Cappuccio, an epidemiologist at the Warwick Medical School in Coventry, U.K., replied that the work he participated in does not support the agency's conclusions.

"The studies ... do not support the conclusions of the FMCSA that a small increase in sleep duration of a few minutes following the HOS options proposed, particularly in the groups with baseline daily sleep (greater than or equal to) six hours per night, is likely to decrease the mortality risk of individuals or groups," Cappuccio said in his report.

At issue is the agency's conclusion that the chance to get even a little more sleep each night can be crucial to the health of drivers who are working such long hours that they are usually sleep deprived.

The agency does not claim an irrefutable connection between the amount of sleep a person gets and his health, but says there is a "growing scientific consensus" of such a connection.

"The further one's average sleep falls below (or above) an ideal value (of between 7 and 8 hours a night) the greater the chance of death at any given age," the agency said in its Regulatory Impact Analysis. It added that while the research does not show causality in this relationship, that does not mean that sleep-mortality research should be ignored.

The agency figures that by reducing the hours a driver may work each day, it can create the opportunity for more sleep. Under the proposal, the potential sleep gains for drivers who work 70 hours a week would amount to about 5 minutes a day, from 6.28 hours to 6.371 hours, the agency said.

From this the agency uses statistical analysis to derive a change in mortality risk and a dollar value for that improvement, which provides the benefit part of the required cost-benefit analysis.
Cappuccio said that there is no evidence to support the view that a few minutes a day more sleep would reduce mortality risk. He also said there is no evidence that a reduction in work hours will lead to more sleep time. On this point the agency cited a study showing that as work hours increase sleep hours decline.

The agency indicated that it will take Cappuccio's report into consideration as it proceeds with the rulemaking.

"The Hours-of-Service Notice of Proposed Rulemaking specifically asks for the public to provide robust feedback, comments and questions about the various components of the proposal," an agency spokesperson said in a statement. "The agency looks forward to receiving all public comments and addressing them in the final rule."

Comments are due by this Friday, March 4.