FMCSA seeks comment on a 16-week split sleeper berth study with 256 drivers

The Federal Motor Carrier Safety Administration (FMCSA) published a notice in the Federal Register on October 7, 2026 asking for public comment, due December 7, 2026, on a planned study of split sleeper berth time. It changes no hours-of-service rule, and it does not say a pilot is running.

According to the notice, about 256 commercial drivers would take part for 16 weeks each. Under the current rules, the notice says, drivers may use a 7/3 or 8/2 split, or anything between. The pilot would allow 5/5, 6/4 or any split in between, by reducing the longer sleeper berth period to a minimum of 5 consecutive hours.

FMCSA says it wants to learn whether more flexible options improve drivers’ working conditions and quality of life while keeping safety at least equal to the current rules. The same drivers would be studied under both sets of rules, using surveys, vigilance tests, wrist sensors and duty status records.

Participating carriers would need interstate operating authority, no “Unsatisfactory” rating and no FMCSA enforcement actions in the past three years.

FreightWaves reported on October 8 that Chris Eckhart of the law firm Scopelitis said in an email that he did not think the notice breaks new ground on FMCSA’s plans for the pilot or other possible changes to the rule.