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Sleep apnea rulemaking bill passes House by 405-0

Trucking stakeholders fear a guidance on sleep apnea would side-step a full cost-benefit and regulatory impact analysis.

The Trucker Staff

9/27/2013

The bill requiring FMCSA to go through the rulemaking process rather than issuing a guidance if it takes any action on sleep apnea has passed the House by a vote of 405-0 and the Senate version has been referred to the Senate Transportation Committee, according to Library of Congress records.

The bill, H.R.3095, was introduced in the House by Representatives Larry Bucshon, R-Ind., and Dan Lipinski, D-Ill., on Sept. 12.

The bill states that the Secretary of the Department of Transportation “may implement or enforce a requirement providing for the screening, testing, or treatment (including consideration of all possible treatment alternatives) of individuals operating commercial motor vehicles for sleep disorders only if the requirement is adopted pursuant to a rulemaking proceeding.”

It had 69 cosponsors.

The Owner-Operator Independent Drivers Association (OOIDA) said that a rulemaking “would include requiring that a full cost-benefit and regulatory impact analysis be used should the Federal Motor Carrier Safety Administration decide to set policy regarding screening, testing and treatment for sleep apnea as opposed to guidance, which is not subject to this critical analysis.”

Rep. Buschon expressed similar concerns.

The American Trucking Associations also supports the bill.

FMCSA responded to the bill by saying it would use a rulemaking rather than a guidance.

The Trucker staff can be reached to comment on this article at editor@thetrucker.com.

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