82_FR_11728 82 FR 11692 - Controlled Substances and Alcohol Use and Testing: J.B. Hunt Transport, Inc., Schneider National Carriers, Inc., Werner Enterprises, Inc., Knight Transportation, Inc., Dupre Logistics, Inc. and Maveric Transportation, LLC Application for Exemption

82 FR 11692 - Controlled Substances and Alcohol Use and Testing: J.B. Hunt Transport, Inc., Schneider National Carriers, Inc., Werner Enterprises, Inc., Knight Transportation, Inc., Dupre Logistics, Inc. and Maveric Transportation, LLC Application for Exemption

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 36 (February 24, 2017)

Page Range11692-11693
FR Document2017-03720

FMCSA re-opens the public comment period for the Agency's January 19, 2017, notice announcing the application for exemption from J.B. Hunt Transport, Inc. (J.B. Hunt), Schneider National Carriers, Inc. (Schneider), Werner Enterprises, Inc. (Werner), Knight Transportation, Inc. (Knight), Dupre Logistics, Inc. (Dupree), and Maveric Transportation, LLC (Maverick) to allow hair analysis in lieu of urine testing for pre-employment controlled substances testing of commercial driver's license (CDL) holders. On January 23, 2017, the American Federation of Labor and Congress of Industrial Organizations' (AFL-CIO) Transportation Trades Department requested a 60-day extension of the comment period. On February 7, 2017, the International Brotherhood of Teamsters requested a 60-day extension of the comment period. The Agency re-opens and extends the deadline for the submission of public comments.

Federal Register, Volume 82 Issue 36 (Friday, February 24, 2017) 
[Federal Register Volume 82, Number 36 (Friday, February 24, 2017)]
[Notices]
[Pages 11692-11693]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03720]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0002]


Controlled Substances and Alcohol Use and Testing: J.B. Hunt 
Transport, Inc., Schneider National Carriers, Inc., Werner Enterprises, 
Inc., Knight Transportation, Inc., Dupre Logistics, Inc. and Maveric 
Transportation, LLC Application for Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; re-opening of comment 
period.

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SUMMARY: FMCSA re-opens the public comment period for the Agency's 
January 19, 2017, notice announcing the application for exemption from 
J.B. Hunt Transport, Inc. (J.B. Hunt), Schneider National Carriers, 
Inc. (Schneider), Werner Enterprises, Inc. (Werner), Knight 
Transportation, Inc. (Knight), Dupre Logistics, Inc. (Dupree), and 
Maveric Transportation, LLC (Maverick) to allow hair analysis in lieu 
of urine testing for pre-employment controlled substances testing of 
commercial driver's license (CDL) holders. On January 23, 2017, the 
American Federation of Labor and Congress of Industrial Organizations' 
(AFL-CIO) Transportation Trades Department requested a 60-day extension 
of the comment period. On February 7, 2017, the International 
Brotherhood of Teamsters requested a 60-day extension of the comment 
period. The Agency re-opens and extends the deadline for the submission 
of public comments.

DATES: FMCSA re-opens and extends the comment period for the notice of 
application for exemption published on January 19, 2017. You must 
submit comments by April 25, 2017.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2017-0002 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. 
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received, without 
change, to www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The on-line FDMS is available 24 hours each 
day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its 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.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, contact Mr. Thomas Yager, Chief, FMCSA Driver and Carrier 
Operations Division; Office of Carrier, Driver and Vehicle Safety 
Standards; Telephone: (614) 942-6477. Email: [email protected]. If you have 
questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2017-0002), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends 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 www.regulations.gov and put 
the docket number, ``FMCSA-2017-0002'' 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 will consider all comments and material received 
during the comment period before determining whether to grant this 
application.

II. Background

    On January 19, 2017 (82 FR 6688), FMCSA published a notice of 
application for exemption from J.B. Hunt, Schneider, Werner, Knight, 
Dupre, and Maveric (Applicants). Applicants requested an exemption from 
49 CFR 382.105 and 382.301 with specific authorization for obtaining 
and releasing hair test results to comply with 49 CFR 391.23, 
Investigations and inquiries. Under the exemption, Applicants would 
conduct pre-

[[Page 11693]]

employment tests using hair analysis only, rather than hair analysis in 
addition to urine testing, and individuals with negative test results 
would be permitted to perform safety-sensitive functions for the 
employer Applicants. Individuals testing positive would not be allowed 
to perform safety-sensitive functions until the driver completes the 
return-to-duty process under Subpart O of 49 CFR part 40. In addition, 
the Applicants would share the positive hair testing results with 
prospective employers in response to safety performance inquiries 
required by 49 CFR 391.23.
    The Applicant carriers that would be covered by the exemption, if 
granted, already use hair analysis as a method for pre-employment 
controlled substances testing of drivers on a voluntary basis. However, 
they also conduct urine testing for drugs because it is the only 
screening method accepted under the Department's regulations. The 
Applicants view their use of multiple screening methods as an 
unnecessary and redundant financial burden. Also, the Applicants 
consider urine testing to be less effective in pre-employment screening 
for drugs than hair analysis.
    A copy of the exemption application and all supporting documents 
submitted by the Applicants is available for review in the docket 
referenced at the beginning of this notice.

Requests for Extension of the Comment Period

    On January 23, 2017, the AFL-CIO's Transportation Trades Department 
requested that the Agency provide a 60-day extension of the comment 
period. The International Brotherhood of Teamsters requested a 60-day 
extension of the comment period on February 7, 2017. A copy of each 
request is in the docket identified at the beginning of this notice.
    FMCSA acknowledges the Transportation Trades Department's and the 
International Brotherhood of Teamsters' concerns. After reviewing the 
requests, FMCSA hereby grants a 60-day re-opening of the comment period 
to April 25, 2017, to provide all interested parties additional time to 
respond to the notice of application for exemption.

    Issued on: February 21, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-03720 Filed 2-23-17; 8:45 am]
 BILLING CODE 4910-EX-P

11692 Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices Scenic Rivers Act, 16 U.S.C. 1271–1287; American Federation of Labor and Division; Office of Carrier, Driver and Emergency Wetlands Resources Act, 16 Congress of Industrial Organizations’ Vehicle Safety Standards; Telephone: U.S.C. 3921, 3931; TEA–21 Wetlands (AFL–CIO) Transportation Trades (614) 942–6477. Email: MCPSD@ Mitigation, 23 U.S.C. 103(b)(6)(m), Department requested a 60-day dot.gov. If you have questions on 133(b)(11); Flood Disaster Protection extension of the comment period. On viewing or submitting material to the Act, 42 U.S.C. 4001–4128. February 7, 2017, the International docket, contact Docket Services, 8. Executive Orders: E.O. 11990 Brotherhood of Teamsters requested a telephone (202) 366–9826. Protection of Wetlands; E.O. 11988 60-day extension of the comment SUPPLEMENTARY INFORMATION: Floodplain Management; E.O. 12898, period. The Agency re-opens and Federal Actions to Address I. Public Participation and Request for extends the deadline for the submission Environmental Justice in Minority Comments of public comments. Populations and Low Income DATES: FMCSA re-opens and extends FMCSA encourages you to participate Populations; E.O. 11593 Protection and the comment period for the notice of by submitting comments and related Enhancement of Cultural Resources; application for exemption published on materials. E.O. 13007 Indian Sacred Sites; E.O. January 19, 2017. You must submit Submitting Comments 13287 Preserve America; E.O. 13175 comments by April 25, 2017. Consultation and Coordination with If you submit a comment, please ADDRESSES: You may submit comments include the docket number for this Indian Tribal Governments; E.O. 11514 identified by Federal Docket Protection and Enhancement of notice (FMCSA–2017–0002), indicate Management System Number FMCSA– the specific section of this document to Environmental Quality; E.O. 13112 2017–0002 by any of the following Invasive Species. (Catalog of Federal which the comment applies, and methods: provide a reason for suggestions or Domestic Assistance Program Number • Federal eRulemaking Portal: 20.205, Highway Planning and recommendations. You may submit www.regulations.gov. See the Public your comments and material online or Construction.) Participation and Request for Comments by fax, mail, or hand delivery, but Authority: 23 U.S.C. 139(l)(1). section below for further information. please use only one of these means. Issued on: February 14, 2017. • Mail: Docket Management Facility, FMCSA recommends that you include Michael T. Leary, U.S. Department of Transportation, 1200 your name and a mailing address, an New Jersey Avenue SE., West Building, email address, or a phone number in the Director, Planning and Program Development, Federal Highway Administration. Ground Floor, Room W12–140, body of your document so the Agency Washington, DC 20590–0001. can contact you if it has questions [FR Doc. 2017–03489 Filed 2–23–17; 8:45 am] • Hand Delivery or Courier: West regarding your submission. BILLING CODE 4910–22–P Building, Ground Floor, Room W12– To submit your comment online, go to 140, 1200 New Jersey Avenue SE., www.regulations.gov and put the docket between 9 a.m. and 5 p.m. Monday number, ‘‘FMCSA–2017–0002’’ in the DEPARTMENT OF TRANSPORTATION through Friday, except Federal holidays. ‘‘Keyword’’ box, and click ‘‘Search.’’ Federal Motor Carrier Safety • Fax: 1–202–493–2251. When the new screen appears, click on Administration Each submission must include the ‘‘Comment Now!’’ button and type your Agency name and the docket number for comment into the text box in the [Docket No. FMCSA–2017–0002] this notice. Note that DOT posts all following screen. Choose whether you comments received, without change, to are submitting your comment as an Controlled Substances and Alcohol www.regulations.gov, including any Use and Testing: J.B. Hunt Transport, individual or on behalf of a third party, personal information included in a and then submit. If you submit your Inc., Schneider National Carriers, Inc., comment. Please see the Privacy Act Werner Enterprises, Inc., Knight comments by mail or hand delivery, heading below. submit them in an unbound format, no Transportation, Inc., Dupre Logistics, Docket: For access to the docket to Inc. and Maveric Transportation, LLC larger than 81⁄2 by 11 inches, suitable for read background documents or copying and electronic filing. If you Application for Exemption comments, go to www.regulations.gov at submit comments by mail and would AGENCY: Federal Motor Carrier Safety any time or visit Room W12–140 on the like to know that they reached the Administration (FMCSA), DOT. ground level of the West Building, 1200 facility, please enclose a stamped, self- ACTION: Notice of application for New Jersey Avenue SE., Washington, addressed postcard or envelope. FMCSA exemption; re-opening of comment DC, between 9 a.m. and 5 p.m., Monday will consider all comments and material period. through Friday, except Federal holidays. received during the comment period The on-line FDMS is available 24 hours before determining whether to grant this SUMMARY: FMCSA re-opens the public each day, 365 days each year. application. comment period for the Agency’s Privacy Act: In accordance with 5 January 19, 2017, notice announcing the U.S.C. 553(c), DOT solicits comments II. Background application for exemption from J.B. from the public to better inform its On January 19, 2017 (82 FR 6688), Hunt Transport, Inc. (J.B. Hunt), rulemaking process. DOT posts these FMCSA published a notice of Schneider National Carriers, Inc. comments, without edit, including any application for exemption from J.B. (Schneider), Werner Enterprises, Inc. personal information the commenter Hunt, Schneider, Werner, Knight, asabaliauskas on DSK3SPTVN1PROD with NOTICES (Werner), Knight Transportation, Inc. provides, to www.regulations.gov, as Dupre, and Maveric (Applicants). (Knight), Dupre Logistics, Inc. (Dupree), described in the system of records Applicants requested an exemption and Maveric Transportation, LLC notice (DOT/ALL–14 FDMS), which can from 49 CFR 382.105 and 382.301 with (Maverick) to allow hair analysis in lieu be reviewed at www.dot.gov/privacy. specific authorization for obtaining and of urine testing for pre-employment FOR FURTHER INFORMATION CONTACT: For releasing hair test results to comply controlled substances testing of information concerning this notice, with 49 CFR 391.23, Investigations and commercial driver’s license (CDL) contact Mr. Thomas Yager, Chief, inquiries. Under the exemption, holders. On January 23, 2017, the FMCSA Driver and Carrier Operations Applicants would conduct pre- VerDate Sep<11>2014 17:20 Feb 23, 2017 Jkt 241001 PO 00000 Frm 00170 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM 24FEN1

Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices 11693 employment tests using hair analysis the Applicants consider urine testing to interested parties additional time to only, rather than hair analysis in be less effective in pre-employment respond to the notice of application for addition to urine testing, and screening for drugs than hair analysis. exemption. individuals with negative test results A copy of the exemption application Issued on: February 21, 2017. would be permitted to perform safety- and all supporting documents submitted Larry W. Minor, sensitive functions for the employer by the Applicants is available for review Associate Administrator for Policy. Applicants. Individuals testing positive in the docket referenced at the [FR Doc. 2017–03720 Filed 2–23–17; 8:45 am] would not be allowed to perform safety- beginning of this notice. sensitive functions until the driver BILLING CODE 4910–EX–P completes the return-to-duty process Requests for Extension of the Comment under Subpart O of 49 CFR part 40. In Period addition, the Applicants would share On January 23, 2017, the AFL–CIO’s DEPARTMENT OF THE TREASURY the positive hair testing results with Transportation Trades Department prospective employers in response to requested that the Agency provide a 60- Community Development Financial safety performance inquiries required by day extension of the comment period. Institutions Fund 49 CFR 391.23. The International Brotherhood of Notice of Funds Availability (NOFA) The Applicant carriers that would be Teamsters requested a 60-day extension Inviting Applications for the Fiscal covered by the exemption, if granted, of the comment period on February 7, Year (FY) 2016 Funding Round of the already use hair analysis as a method for 2017. A copy of each request is in the Bank Enterprise Award Program (BEA pre-employment controlled substances docket identified at the beginning of this Program) testing of drivers on a voluntary basis. notice. However, they also conduct urine FMCSA acknowledges the Announcement Type: Announcement testing for drugs because it is the only Transportation Trades Department’s and of funding opportunity. screening method accepted under the the International Brotherhood of Funding Opportunity Number: CDFI– Department’s regulations. The Teamsters’ concerns. After reviewing 2016–BEA. Applicants view their use of multiple the requests, FMCSA hereby grants a 60- Catalog of Federal Domestic screening methods as an unnecessary day re-opening of the comment period Assistance (CFDA) Number: 21.021. and redundant financial burden. Also, to April 25, 2017, to provide all Key Dates: TABLE 1—FY 2016 BEA PROGRAM FUNDING ROUND—KEY DATES FOR APPLICANTS Time Description Deadline Contact information & submission method (Eastern time—ET) SF–424 Mandatory (Application for Federal April 5, 2017 ............... 11:59 p.m. ET ............ Electronically via Grants.gov. Assistance). Last day to contact BEA Program Staff ........... April 17, 2017 ............. 5:00 p.m. ET .............. CDFI Fund Helpdesk: 202–653–0421 or BEA AMIS Service Request.1 Last day to contact Certification, Compliance April 17, 2017 ............. 5:00 p.m. ET .............. CCME Helpdesk: 202–653–0423 or Compli- Monitoring and Evaluation (CCME) staff. ance and Reporting AMIS Service Re- quest.2 Last day to contact IT Help Desk .................... April 19, 2017 ............. 5:00 p.m. ET .............. CDFI Fund Helpdesk: 202–653–0421 or IT AMIS Service Request.3 FY 2016 BEA Program Application .................. April 19, 2017 ............. 5:00 pm ET ................ Electronically via Awards Management Infor- mation System (AMIS). 1 For questions regarding completion of the BEA Application materials, the preferred electronic method of contact with the BEA Program Office is to submit a Service Request (SR) within AMIS. For the SR, select ‘‘BEA Application’’ for the record type. 2 For Compliance & Reporting related questions, the preferred electronic method of contact is to submit a Service Request (SR) within AMIS. For the SR, select ‘‘General Inquiry’’ for the record type, and select ‘‘BEA-Compliance & Reporting’’ for the type. 3 For Information Technology support, the preferred method of contact is to submit a Service Request (SR) within AMIS. For the SR, select ‘‘General Inquiry’’ for the record type, and select ‘‘Cross Program-AMIS technical problem’’ for the type. Executive Summary: This NOFA is to Community Development Financial development organizations, and issued in connection with the fiscal year Institutions (CDFIs) through equity financial institutions through the (FY) 2016 funding round of the Bank investments, equity-like loans, grants, Community Development Financial Enterprise Award Program (BEA stock purchases, loans, deposits, and Institutions Program (CDFI Program), Program). The BEA Program is other forms of financial and technical the Native American CDFI Assistance administered by the U.S. Department of assistance, during a specified period. Program (NACA Program), the BEA the Treasury’s Community Development Program, and the Capital Magnet Fund. I. Program Description In addition, the CDFI Fund has Financial Institutions Fund (CDFI Fund). Through the BEA Program, the A. History: The CDFI Fund was allocated $43 billion in tax credit asabaliauskas on DSK3SPTVN1PROD with NOTICES CDFI Fund awards formula-based grants established by the Riegle Community allocation authority through the New to depository institutions that are Development Banking and Financial Markets Tax Credit Program (NMTC insured by the Federal Deposit Institutions Act of 1994 to promote Program) and has issued $1.1 billion in Insurance Corporation (FDIC) for economic revitalization and community bond guarantees through the CDFI Bond increasing their levels of loans, development through investment in and Guarantee Program. investments, service activities, and assistance to CDFIs. Since its creation in The BEA Program complements the technical assistance within Distressed 1994, the CDFI Fund has awarded over community development activities of Communities, and financial assistance $2 billion to CDFIs, community banks and thrifts (collectively referred VerDate Sep<11>2014 17:20 Feb 23, 2017 Jkt 241001 PO 00000 Frm 00171 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM 24FEN1


Document Created: 2017-02-24 01:17:50
Document Modified: 2017-02-24 01:17:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of application for exemption; re-opening of comment period.
DatesFMCSA re-opens and extends the comment period for the notice of application for exemption published on January 19, 2017. You must submit comments by April 25, 2017.
ContactFor information concerning this notice, contact Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: (614) 942-6477. Email: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation82 FR 11692 
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