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The Federal Motor Carrier Safety Administration and the Federal Railroad Administration have withdrawn their advance notice of proposed rulemaking on obstructive sleep apnea.

The Federal Motor Carrier Safety Administration and the Federal Railroad Administration have withdrawn their advance notice of proposed rulemaking on obstructive sleep apnea.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

Trump Administration Looks to Put More Veterans Behind the Wheel
The Freedom Haulers program pulls together existing and expanded programs at several federal agencies to recruit veterans to drive commercial heavy-duty trucks and cut the red tape for them to get a CDL, training, and employment.
Read More →
Putting Mack’s Command Steer to the Test
A test drive of Mack’s Command Steer active steering system evaluates how it can make truck driving easier and less tiring.
Read More →
Competition Heating Up for Truck Drivers
New report reveals rising driver hiring costs, the return of sign-on bonuses, growing AI advantages, and the operational factors shaping driver retention.
Read More →
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 Goes Gaming
Volvo has roared into American Truck Simulator with two new flagship trucks.
Read More →
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 →
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 →
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 →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 →
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 →
