Sleep apnea rulemaking withdrawn; speed limiters moved to back-burner

By Land Line staff | 7/24/2017

The U.S. Department of Transportation has opted not to move forward with a rule regarding obstructive sleep apnea and has taken speed limiters off its near-term agenda.

In an update to its regulatory calendar, the DOT withdrew its advanced notice of proposed rulemaking on obstructive sleep apnea and moved speed limiters to the back-burner.

In March 2016, the FMCSA and Federal Railroad Administration sought data and information concerning the prevalence of moderate-to-severe obstructive sleep apnea among individuals occupying safety-sensitive positions in highway and rail transportation.

The comment period ended July 2016. About a year later, the “FMCSA has determined there is not enough information available to support moving forward with a rulemaking action and so the rulemaking will be withdrawn,” according to the Office of Information and Regulatory Affairs.

The biannual report to Congress dropped the proposed speed limiter mandate from regulations the agency is considering in the near term.

The proposed rule was panned by many in the industry and received more than 6,900 comments, the vast majority in opposition. While the apnea docket has been updated to reflect the withdrawal of the apnea advance notice of proposed rulemaking, the speed limiter docket does not yet reflect any such move by the agency.

In order for either or both rules to be officially withdrawn, a notice will have to be published in The Federal Register.

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