If FMCSA develops screening and testing standards for sleep disorders,
the agency should do so only through rulemaking and not through the publication
of regulatory guidance. The development
of any future regulation on establishing objective standards for sleep disorder
screening, testing and treatment should be focused on conditions that pose a
substantially elevated crash risk based on sound data and analysis, be
cost-beneficial, and promote effective treatments that minimize the impact to
motor carriers and commercial vehicle operators.