Proposed Rules for Sleep Apnea, Training, Speed Limiters Miss Publication Deadlines

Trucking industry regulators have missed their projected publication dates for three proposed rules originally scheduled for earlier this month.

Publication of the proposed rule on heavy-vehicle speed limiters, jointly offered by the Federal Motor Carrier Safety Administration and National Highway Traffic Safety Administration, has been delayed for another month. It is now projected for March 15.

The original target date for publication was in March 2014. It has been under review by the White House Office of Management and Budget since May 18, according to the Department of Transportation’s February Significant Rulemakings Report.

The speed-limiter rule, which would establish a maximum limit for heavy-duty trucks and require installation of speed-limiting devices, is being published in response to 2006 petitions from American Trucking Association and Roadsafe America. NHTSA then requested public comment on the subject and received thousands of comments supporting the petitioner´s request for a rulemaking.

In addition, FMCSA’s proposed rule to adopt new standards for mandatory training requirements for entry-level operators of commercial motor vehicles has yet to gain clearance from OMB. The rule was projected to be published in the Federal Register on Feb. 18.

The entry-level driver training proposal will include minimum instruction and skills test requirements that a driver must meet before testing for a commercial driver license.

A third regulation, according to an FMCSA and Federal Railroad Administration joint advance notice of proposed rulemaking, would request data and information concerning the prevalence of moderate to severe obstructive sleep apnea among individuals occupying safety-sensitive positions in rail and highway transportation. It also missed its targeted publication date of Feb. 12, despite being cleared by OMB on Feb. 3. DOT has not listed a revised date.

When the advance notice is published, FMCSA and FRA also plan to request information about the potential economic impact and safety benefits associated with regulatory actions that would result in transportation workers who exhibit many risk factors for sleep apnea when undergoing evaluation for sleep disorders and subsequent treatment.

FMCSA spokesman Duane DeBruyne noted that, in each of these instances, additional coordination is required with the agency involved.