The Federal Motor Carrier Safety Administration (FMCSA) is withdrawing its March 10, 2016, advance notice of proposed rulemaking (ANPRM) concerning evaluation of safety sensitive personnel for moderate-to-severe obstructive sleep apnea (OSA), according to an online update posted by the federal Office of Information and Regulatory Affairs.
FMCSA and the Federal Railroad Administration (FRA) sought data and information concerning the prevalence of moderate-to-severe OSA among individuals occupying safety sensitive positions in highway and rail transportation, and on its potential consequences for the safety of rail and highway transportation. The Agencies also requested information on potential costs and benefits from regulatory actions that address the safety risks associated with motor carrier and rail transportation workers in safety sensitive positions who have OSA.
In March 2016 the FMCSA and FRA announced that the agencies were seeking public input on this issue. The Advance Notice of Proposed Rulemaking (ANPRM) was the first step as both agencies considered whether to propose specific requirements. The AASM submitted a response to the FMCSA and FRA proposal, and in August 2016, AASM Past President Dr. Nathaniel Watson represented the AASM at a public meeting of the FMCSA Medical Review Board (MRB).
According to the federal update, FMCSA reviewed all public comments and determined there is not enough information available to support moving forward with a rulemaking action. Therefore, the rulemaking will be withdrawn.