The Federal Motor Carrier Safety Administration (FMCSA) has announced that it will address sleep apnea through rulemaking, rather than through guidance. FMCSA’s decision came a week after legislation was introduced in the House of Representatives to compel FMCSA to write a regulation covering sleep disorders, including sleep apnea, rather than issue guidance.

"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 said in a statement.

Despite the FMCSA’s statement, the House Transportation and Infrastructure Committee in a unanimous voice vote reported the bill to the full House. Reps. Larry Bucshon (R-IN) and Daniel Lipinski (D-IL), both said that the bill is necessary in order to codify Congress’s opinion on the issue.

At issue is the government’s effort to make sure that truck drivers do not suffer from excessive fatigue as a consequence of sleep disorders. FMCSA traditionally has approached this by issuing guidance to medical examiners on how to detect and treat sleep disorders. The agency has been working for years on an update to this guidance, calling on its medical and industry advisory committees for counsel. Trucking interests have registered deep concern about the use of guidance, and have been pushing for the rulemaking approach. They worry that the guidance will not give employers a clear enough statement of their legal responsibilities.


Legislation has been introduced in the House of Representatives opposing increases in the twelve percent federal excise tax (FET) on new heavy-duty trucks and trailers and encouraging Congress to review the negative impacts of the existing tax. The bi-partisan legislation, House Concurrent Resolution 52, was introduced by Representatives Reid Ribble (R-WI) and Tim Walz (D-MN).

The bill noted that increasing the FET would significantly increase the cost of new heavy-duty trucks and keep "older, less environmentally clean and less fuel-economical heavy-duty trucks in service longer."

In a statement Ribble said that "The federal excise tax deters business owners and other employers from purchasing some of the safest, cleanest, and most fuel-efficient trucks available today. I hope my colleagues will agree that this tax should not be increased."

Walz said that "The trucking industry creates good-paying American jobs for countless folks across this country. Increasing this tax would further discourage hardworking business owners from purchasing new trucks that are safer, more efficient, and better for our environment. At a time when our economy is still continuing to recover, we should be doing all we can to ensure businesses have the tools they need to be successful, instead of creating roadblocks to their growth."

The excise tax goes into the Highway Trust Fund, which is the federal government’s main source of financing for highways and public transit. Federal taxes on diesel, gasoline, truck trailers, and truck tires go to the same trust fund.