Agency says it will use rulemaking, not guidance, on sleep apnea regulation

In a one-sentence statement issued last week, the Federal Motor Carrier Safety Administration said it will pursue any action on sleep apnea via the formal rulemaking process rather than guidance, as has been suggested.

The statement came in response to a bill currently in the House, which would require that any action taken by the agency on sleep disorder regulation come in the form of rulemaking so it can be properly evaluated as to its cost and benefits.

“FMCSA will issue a notice to address obstructive sleep apnea through the formal rulemaking process after collecting and analyzing the necessary data and research,” the agency’s statement said.

The House will was introduced earlier this month and was passed by the House’s Transportation and Infrastructure Committee last week. According to GovTrack, House Majority Leader Eric Cantor said Sept. 20 the bill could be considered this week.

The 2-page bill, if passed, would not require that FMCSA make a sleep apnea rule, but only requires that if it take action on sleep disorder screening, it be done in the formal rulemaking process.

Click here to see CCJ‘s previous coverage of the bill.