Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep Apnea

Larry W. Minor
Federal Motor Carrier Safety Administration
Robert C. Lauby
Federal Railroad Administration
8 June 2016

[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Proposed Rules]
[Pages 36858-36859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13564]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 391

Federal Railroad Administration

49 CFR Parts 240 and 242

[Docket Numbers FMCSA-2015-0419 and FRA-2015-0111]
RIN 2126-AB88 and 2130-AC52


Evaluation of Safety Sensitive Personnel for Moderate-to-Severe 
Obstructive Sleep Apnea

AGENCY: Federal Motor Carrier Safety Administration (FMCSA) and Federal 
Railroad Administration (FRA), Department of Transportation (DOT).

ACTION: Advance Notice of Proposed Rulemaking (ANPRM); extension of 
comment period.

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SUMMARY: FMCSA and FRA published an ANPRM on March 10, 2016, requesting 
certain information regarding the evaluation of safety sensitive 
personnel for moderate-to-severe obstructive sleep apnea (OSA). The 
comment period for the ANPRM is extended from June 8, 2016, to July 8, 
2016.

DATES:  The comment period for the ANPRM published in the Federal 
Register on March 10, 2016 (81 FR 12642) is extended. Comments on the 
ANPRM are due by July 8, 2016.

ADDRESSES: You may submit comments identified by either of the docket 
numbers listed at the beginning of this document using any one of the 
following methods:
    Federal Rulemaking Portal: www.regulations.gov.
    Fax: 202-493-2251.
    Mail: Docket Services (M-30), U.S. Department of Transportation, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., 
Washington, DC 20590-0001.
    Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329. To avoid duplication, please use only one of 
these four methods. See the ``Public Participation and Request for 
Comments'' heading under the SUPPLEMENTARY INFORMATION section below 
for instructions regarding submitting comments.

FOR FURTHER INFORMATION CONTACT: FMCSA: Ms. Christine Hydock, Chief of 
the Medical Programs Division, FMCSA, 1200 New Jersey Ave SE., 
Washington,

[[Page 36859]]

DC 20590-0001, by telephone at 202-366-4001, or by email at 
fmcsamedical@dot.gov.
    FRA: Dr. Bernard Arseneau, Medical Director, Assurance and 
Compliance, FRA, 1200 New Jersey Avenue SE., Washington, DC 20590-0001, 
by telephone at 202-493-6232, or by email at Bernard.arseneau@dot.gov.
    If you have questions about viewing or submitting material to the 
docket, call Ms. Cheryl Collins, Dockets Manager, Docket Services, 
telephone 202-493-0402.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    FMCSA and FRA encourage you to participate by submitting comments 
and related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
document (FMCSA-2015-0419 or FRA-2015-0111), indicate the specific 
section of this document to which each comment applies, and provide a 
reason for each suggestion or recommendation. You may submit your 
comments and material online or by fax, mail, or hand delivery, but 
please use only one of these means. FMCSA and FRA recommend that you 
include your name and a mailing address, an email address, or a phone 
number in the body of your document so the Agency can contact you if it 
has questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
enter either docket number, ``FMCSA-2015-0419'' or ``FRA-2015-0111'' in 
the ``Keyword'' box, and click ``Search.'' When the new screen appears, 
click on ``Comment Now!'' button and type your comment into the text 
box in the following screen. Choose whether you are submitting your 
comment as an individual or on behalf of a third party and then submit. 
If you submit your comments by mail or hand delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.
    FMCSA and FRA will consider all comments and material received 
during the comment period and may change this document based on your 
comments.

Viewing Comments and Documents

    To view comments, as well as documents available in the docket, go 
to http://www.regulations.gov and insert the docket number, ``FMCSA-
2015-0419'' or ``FRA-2015-0111'' in the ``Keyword'' box and click 
``Search.'' Next, click ``Open Docket Folder'' button and choose the 
document listed to review. If you do not have access to the Internet, 
you may view the docket online by visiting the Docket Management 
Facility in Room W12-140 on the ground floor of the DOT West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., ET, Monday through Friday, except Federal holidays.

Privacy Act

    Under 5 U.S.C. 553(c), DOT solicits comments from the public to 
better inform its potential rulemaking process. DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

Background

    On May 18, 2016, the Owner Operator Independent Drivers Association 
(OOIDA) requested an extension to the comment period (Docket ID: FMCSA-
2015-0419-0348) in order to review the results from the American 
Transportation Research Institute (ATRI) Commercial Driver Survey on 
Sleep Apnea Issues (http://atri-online.org/2016/04/14/atri-launches-commercial-driver-survey-on-sleep-apnea-issues/). In its request, OOIDA 
stated that the survey will provide a comprehensive look at the impact 
of OSA screening and treatment within the motor carrier community that 
is beyond the information which any one carrier can provide. 
Furthermore, with this data in hand, OOIDA will be able to present a 
better analysis of the information requested by the ANPRM. ATRI 
released its survey results on Thursday, May 26, 2016.
    FMCSA and FRA believe that other potential commenters to this 
rulemaking will benefit from an extension as well. Accordingly, FMCSA 
and FRA extend the comment period for all comments on the ANPRM and its 
related documents to July 8, 2016.

    Issued under the authority of delegations in 49 CFR 1.87(f) and 
(i) and 49 CFR 1.89(a), respectively: June 2, 2016.
Larry W. Minor,
Associate Administrator for Policy, Federal Motor Carrier Safety 
Administration.
Robert C. Lauby,
Associate Administrator for Railroad Safety & Chief Safety Officer, 
Federal Railroad Administration.
[FR Doc. 2016-13564 Filed 6-7-16; 8:45 am]
 BILLING CODE 4910-EX-P