82_FR_6700 82 FR 6688 - 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 6688 - 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 12 (January 19, 2017)

Page Range6688-6689
FR Document2017-01278

FMCSA announces that it has received an application 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) (the Applicants) to allow hair analysis in lieu of urine testing for pre-employment controlled substances testing of commercial driver's license (CDL) holders. The Applicants currently conduct pre-employment urine testing that satisfies the Department of Transportation's (the Department) requirements under 49 CFR part 40 and hair analysis, separate from the Department's controlled substances and alcohol testing program. The Applicants' believe their data ``. . . demonstrates that hair analysis is a more reliable and comprehensive basis for ensuring detection of controlled substance use'' and the exemption would enable these fleets to discontinue pre-employment urine testing. FMCSA requests public comment on the exemption application.

Federal Register, Volume 82 Issue 12 (Thursday, January 19, 2017)
[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Notices]
[Pages 6688-6689]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01278]


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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; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces that it has received an application 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) (the Applicants) to allow hair analysis 
in lieu of urine testing for pre-employment controlled substances 
testing of commercial driver's license (CDL) holders. The Applicants 
currently conduct pre-employment urine testing that satisfies the 
Department of Transportation's (the Department) requirements under 49 
CFR part 40 and hair analysis, separate from the Department's 
controlled substances and alcohol testing program. The Applicants' 
believe their data ``. . . demonstrates that hair analysis is a more 
reliable and comprehensive basis for ensuring detection of controlled 
substance use'' and the exemption would enable these fleets to 
discontinue pre-employment urine testing. FMCSA requests public comment 
on the exemption application.

DATES: Comments must be received on or before February 21, 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. 
E.T., 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., ET, 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 and may grant or not grant this application 
based on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain Federal Motor Carrier Safety Regulations 
(FMCSRs). FMCSA must publish a notice of each exemption request in the 
Federal Register (49 CFR 381.315(a)). The Agency must provide the 
public an opportunity to inspect the information relevant to the 
application, including any safety analyses that have been conducted. 
The Agency must also

[[Page 6689]]

provide an opportunity for public comment on the request.
    The Agency reviews safety analyses and public comments submitted, 
and determines whether granting the exemption would likely achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reasons for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted. The notice must also specify the effective period and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

III. Request for Exemption

Background--Regulatory Requirements

    Currently, 49 CFR 382.105, concerning FMCSA's controlled substances 
and alcohol testing regulations, requires that each employer ensure all 
alcohol or controlled substances testing conducted on CDL holders 
complies with the procedures under 49 CFR part 40. All parties who 
conduct controlled substances and alcohol tests required by the 
Department must follow the Part 40 requirements on how to conduct the 
test and what procedures to use. Currently, Part 40 only allows urine 
testing for controlled substances. Congress, through the Omnibus 
Transportation Employee Testing Act (OTETA) of 1991 (Pub. L. 102-143, 
Title V, 105 Stat. 952). OTETA requires the Department to follow the 
HHS Mandatory Guidelines for scientific testing issues. While DOT has 
discretion concerning many aspects of the regulations governing testing 
in the transportation industries' regulated programs, we must follow 
the HHS Mandatory Guidelines for the laboratory standards and 
procedures the Department will use for regulated testing.
    Section 382.301 provides requirements concerning pre-employment 
testing of commercial driver's license (CDL) holders for controlled 
substances, while 49 CFR part 383 prescribes requirements for 
individuals who must obtain a CDL. With limited exceptions, an employer 
must conduct pre-employment testing for controlled substances prior to 
the first time a driver performs ``safety-sensitive functions,'' as 
defined in 49 CFR 382.107. Employers must not allow a driver whom the 
employer intends to hire or use to perform safety-sensitive functions 
unless the employer has received a controlled substances test result 
from the medical review officer (MRO) or consortium/third-party 
administrator (C/TPA), as those terms are defined in 49 CFR 40.3, 
indicating a verified negative test result for that driver.

Application for Exemption

    The Applicants have requested an exemption from 49 CFR 382.105 and 
382.301 with specific authorization for release of and obtaining hair 
test results to comply with 49 CFR 391.23, Investigations and 
inquiries. Under the exemption, the carriers would conduct pre-
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. 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 carriers that would be covered by the exemption 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 Applicant's 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 Applicant is available for review in the docket 
referenced at the beginning of this notice.
Request for Comments
    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment on the application for an exemption from 49 CFR 
382.105 and 382.301.
    The Agency will consider all comments received by close of business 
on February 21, 2017. Comments will be available for examination in the 
docket at the location listed under the ADDRESSES section of this 
notice. The Agency will consider to the extent practicable comments 
received in the public docket after the closing date of the comment 
period.

    Issued on: January 13, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-01278 Filed 1-18-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                  6688                         Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices

                                                  County, Pa.; Consumptive Use of Up to                   that satisfies the Department of                       FMCSA Driver and Carrier Operations
                                                  3.5750 mgd; Approval Date: December                     Transportation’s (the Department)                      Division; Office of Carrier, Driver and
                                                  12, 2016.                                               requirements under 49 CFR part 40 and                  Vehicle Safety Standards; Telephone:
                                                    10. Chesapeake Appalachia, LLC, Pad                   hair analysis, separate from the                       (614) 942–6477. Email: MCPSD@
                                                  ID: Maris, ABR–201205010.R1, Auburn                     Department’s controlled substances and                 dot.gov. If you have questions on
                                                  Township, Susquehanna County, Pa.;                      alcohol testing program. The                           viewing or submitting material to the
                                                  Consumptive Use of Up to 7.5000 mgd;                    Applicants’ believe their data ‘‘. . .                 docket, contact Docket Services,
                                                  Approval Date: December 12, 2016.                       demonstrates that hair analysis is a                   telephone (202) 366–9826.
                                                    11. Carrizo (Marcellus), LLC, Pad ID:                 more reliable and comprehensive basis                  SUPPLEMENTARY INFORMATION:
                                                  Trecoske North Pad, ABR–                                for ensuring detection of controlled
                                                  201201023.R1, Silver Lake Township,                                                                            I. Public Participation and Request for
                                                                                                          substance use’’ and the exemption
                                                  Susquehanna County, Pa.; Consumptive                                                                           Comments
                                                                                                          would enable these fleets to discontinue
                                                  Use of Up to 2.1000 mgd; Approval                       pre-employment urine testing. FMCSA                       FMCSA encourages you to participate
                                                  Date: December 16, 2016.                                requests public comment on the                         by submitting comments and related
                                                    12. Carrizo (Marcellus), LLC, Pad ID:                 exemption application.                                 materials.
                                                  Trecoske South Pad, ABR–                                DATES: Comments must be received on                    Submitting Comments
                                                  201201024.R1, Silver Lake Township,                     or before February 21, 2017.
                                                  Susquehanna County, Pa.; Consumptive                                                                              If you submit a comment, please
                                                                                                          ADDRESSES: You may submit comments                     include the docket number for this
                                                  Use of Up to 2.1000 mgd; Approval
                                                                                                          identified by Federal Docket                           notice (FMCSA–2017–0002), indicate
                                                  Date: December 16, 2016.
                                                                                                          Management System Number FMCSA–                        the specific section of this document to
                                                    13. Talisman Energy USA Inc., Pad
                                                                                                          2017–0002 by any of the following                      which the comment applies, and
                                                  ID: Hemlock Valley, ABR–
                                                                                                          methods:                                               provide a reason for suggestions or
                                                  201201035.R1, Pike Township, Bradford
                                                                                                            • Federal eRulemaking Portal:                        recommendations. You may submit
                                                  County, Pa.; Consumptive Use of Up to
                                                                                                          www.regulations.gov. See the Public                    your comments and material online or
                                                  7.5000 mgd; Approval Date: December
                                                                                                          Participation and Request for Comments                 by fax, mail, or hand delivery, but
                                                  16, 2016.
                                                                                                          section below for further information.                 please use only one of these means.
                                                     Authority: Pub. L. 91–575, 84 Stat. 1509               • Mail: Docket Management Facility,                  FMCSA recommends that you include
                                                  et seq., 18 CFR parts 806, 807, and 808.                U.S. Department of Transportation, 1200                your name and a mailing address, an
                                                    Dated: January 13, 2017.                              New Jersey Avenue SE., West Building,                  email address, or a phone number in the
                                                  Stephanie L. Richardson,                                Ground Floor, Room W12–140,                            body of your document so the Agency
                                                  Secretary to the Commission.                            Washington, DC 20590–0001.                             can contact you if it has questions
                                                  [FR Doc. 2017–01184 Filed 1–18–17; 8:45 am]
                                                                                                            • Hand Delivery or Courier: West                     regarding your submission.
                                                                                                          Building, Ground Floor, Room W12–                         To submit your comment online, go to
                                                  BILLING CODE 7040–01–P
                                                                                                          140, 1200 New Jersey Avenue SE.,                       www.regulations.gov and put the docket
                                                                                                          between 9 a.m. and 5 p.m. E.T., Monday                 number, ‘‘FMCSA–2017–0002’’ in the
                                                                                                          through Friday, except Federal holidays.               ‘‘Keyword’’ box, and click ‘‘Search.’’
                                                  DEPARTMENT OF TRANSPORTATION                              • Fax: 1–202–493–2251.                               When the new screen appears, click on
                                                                                                             Each submission must include the                    ‘‘Comment Now!’’ button and type your
                                                  Federal Motor Carrier Safety
                                                                                                          Agency name and the docket number for                  comment into the text box in the
                                                  Administration
                                                                                                          this notice. Note that DOT posts all                   following screen. Choose whether you
                                                  [Docket No. FMCSA–2017–0002]                            comments received, without change, to                  are submitting your comment as an
                                                                                                          www.regulations.gov, including any                     individual or on behalf of a third party,
                                                  Controlled Substances and Alcohol                       personal information included in a
                                                  Use and Testing: J.B. Hunt Transport,                                                                          and then submit. If you submit your
                                                                                                          comment. Please see the Privacy Act                    comments by mail or hand delivery,
                                                  Inc., Schneider National Carriers, Inc.,                heading below.
                                                  Werner Enterprises, Inc., Knight                                                                               submit them in an unbound format, no
                                                                                                             Docket: For access to the docket to                 larger than 81⁄2 by 11 inches, suitable for
                                                  Transportation, Inc., Dupre Logistics,                  read background documents or
                                                  Inc. and Maveric Transportation, LLC                                                                           copying and electronic filing. If you
                                                                                                          comments, go to www.regulations.gov at                 submit comments by mail and would
                                                  Application for Exemption                               any time or visit Room W12–140 on the                  like to know that they reached the
                                                  AGENCY: Federal Motor Carrier Safety                    ground level of the West Building, 1200                facility, please enclose a stamped, self-
                                                  Administration (FMCSA), DOT.                            New Jersey Avenue SE., Washington,                     addressed postcard or envelope. FMCSA
                                                  ACTION: Notice of application for
                                                                                                          DC, between 9 a.m. and 5 p.m., ET,                     will consider all comments and material
                                                  exemption; request for comments.                        Monday through Friday, except Federal                  received during the comment period
                                                                                                          holidays. The on-line FDMS is available                and may grant or not grant this
                                                  SUMMARY:    FMCSA announces that it has                 24 hours each day, 365 days each year.                 application based on your comments.
                                                  received an application from J.B. Hunt                     Privacy Act: In accordance with 5
                                                  Transport, Inc. (J.B. Hunt), Schneider                  U.S.C. 553(c), DOT solicits comments                   II. Legal Basis
                                                  National Carriers, Inc. (Schneider),                    from the public to better inform its                      FMCSA has authority under 49 U.S.C.
                                                  Werner Enterprises, Inc. (Werner),                      rulemaking process. DOT posts these                    31136(e) and 31315 to grant exemptions
                                                  Knight Transportation, Inc. (Knight),                   comments, without edit, including any                  from certain Federal Motor Carrier
                                                  Dupre Logistics, Inc. (Dupree), and                     personal information the commenter                     Safety Regulations (FMCSRs). FMCSA
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                                                  Maveric Transportation, LLC (Maverick)                  provides, to www.regulations.gov, as                   must publish a notice of each exemption
                                                  (the Applicants) to allow hair analysis                 described in the system of records                     request in the Federal Register (49 CFR
                                                  in lieu of urine testing for pre-                       notice (DOT/ALL–14 FDMS), which can                    381.315(a)). The Agency must provide
                                                  employment controlled substances                        be reviewed at www.dot.gov/privacy.                    the public an opportunity to inspect the
                                                  testing of commercial driver’s license                  FOR FURTHER INFORMATION CONTACT: For                   information relevant to the application,
                                                  (CDL) holders. The Applicants currently                 information concerning this notice,                    including any safety analyses that have
                                                  conduct pre-employment urine testing                    contact Mr. Thomas Yager, Chief,                       been conducted. The Agency must also


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                                                                               Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices                                                  6689

                                                  provide an opportunity for public                       hire or use to perform safety-sensitive                public docket after the closing date of
                                                  comment on the request.                                 functions unless the employer has                      the comment period.
                                                     The Agency reviews safety analyses                   received a controlled substances test                    Issued on: January 13, 2017.
                                                  and public comments submitted, and                      result from the medical review officer                 Larry W. Minor,
                                                  determines whether granting the                         (MRO) or consortium/third-party
                                                                                                                                                                 Associate Administrator for Policy.
                                                  exemption would likely achieve a level                  administrator (C/TPA), as those terms
                                                  of safety equivalent to, or greater than,                                                                      [FR Doc. 2017–01278 Filed 1–18–17; 8:45 am]
                                                                                                          are defined in 49 CFR 40.3, indicating
                                                  the level that would be achieved by the                                                                        BILLING CODE 4910–EX–P
                                                                                                          a verified negative test result for that
                                                  current regulation (49 CFR 381.305).                    driver.
                                                  The decision of the Agency must be
                                                  published in the Federal Register (49                   Application for Exemption                              DEPARTMENT OF TRANSPORTATION
                                                  CFR 381.315(b)) with the reasons for                       The Applicants have requested an                    Federal Motor Carrier Safety
                                                  denying or granting the application and,                exemption from 49 CFR 382.105 and                      Administration
                                                  if granted, the name of the person or                   382.301 with specific authorization for
                                                  class of persons receiving the                          release of and obtaining hair test results             [Docket No. FMCSA–2016–0450]
                                                  exemption, and the regulatory provision                 to comply with 49 CFR 391.23,
                                                  from which the exemption is granted.                    Investigations and inquiries. Under the                Parts and Accessories Necessary for
                                                  The notice must also specify the                        exemption, the carriers would conduct                  Safe Operation; Application for an
                                                  effective period and explain the terms                  pre-employment tests using hair                        Exemption From Hino Motors
                                                  and conditions of the exemption. The                    analysis only, rather than hair analysis               Manufacturing U.S.A., Inc.
                                                  exemption may be renewed (49 CFR                        in addition to urine testing, and                      AGENCY: Federal Motor Carrier Safety
                                                  381.300(b)).                                            individuals with negative test results                 Administration (FMCSA), DOT.
                                                                                                          would be permitted to perform safety-                  ACTION: Notice of application for
                                                  III. Request for Exemption
                                                                                                          sensitive functions for the employer.                  exemption; request for comments.
                                                  Background—Regulatory Requirements                      Individuals testing positive would not
                                                     Currently, 49 CFR 382.105,                           be allowed to perform safety-sensitive                 SUMMARY:   The Federal Motor Carrier
                                                  concerning FMCSA’s controlled                           functions until the driver completes the               Safety Administration (FMCSA)
                                                  substances and alcohol testing                          return-to-duty process under Subpart O                 requests public comment on an
                                                  regulations, requires that each employer                of 49 CFR part 40. In addition, the                    application for exemption from Hino
                                                  ensure all alcohol or controlled                        Applicants would share the positive                    Motors Manufacturing U.S.A., Inc.
                                                  substances testing conducted on CDL                     hair testing results with prospective                  (Hino) to allow an Automated
                                                  holders complies with the procedures                    employers in response to safety-                       Emergency Braking (AEB) system and a
                                                  under 49 CFR part 40. All parties who                   performance inquiries required by 49                   Lane Departure Warning (LDW) system
                                                  conduct controlled substances and                       CFR 391.23.                                            camera to be mounted lower in the
                                                  alcohol tests required by the Department                   The carriers that would be covered by               windshield than is currently permitted.
                                                  must follow the Part 40 requirements on                 the exemption already use hair analysis                Mounting the camera in this location
                                                  how to conduct the test and what                        as a method for pre-employment                         does not meet the prohibition on
                                                  procedures to use. Currently, Part 40                   controlled substances testing of drivers               obstructions to the driver’s field of view
                                                  only allows urine testing for controlled                on a voluntary basis. However, they also               requirements for windshields in the
                                                  substances. Congress, through the                       conduct urine testing for drugs because                Federal Motor Carrier Safety
                                                  Omnibus Transportation Employee                         it is the only screening method accepted               Regulations (FMCSR) which requires
                                                  Testing Act (OTETA) of 1991 (Pub. L.                    under the Department’s regulations. The                devices meeting the definition of
                                                  102–143, Title V, 105 Stat. 952). OTETA                 Applicant’s view their use of multiple                 ‘‘vehicle safety technology’’ to be
                                                  requires the Department to follow the                   screening methods as an unnecessary                    mounted not more than 4 inches below
                                                  HHS Mandatory Guidelines for                            and redundant financial burden. Also,                  the upper edge of the area swept by the
                                                  scientific testing issues. While DOT has                the Applicants consider urine testing to               windshield wipers, or not more than 7
                                                  discretion concerning many aspects of                   be less effective in pre-employment                    inches above the lower edge of the area
                                                  the regulations governing testing in the                screening for drugs than hair analysis.                swept by the windshield wipers, and
                                                  transportation industries’ regulated                       A copy of the exemption application                 outside the driver’s sight lines to the
                                                  programs, we must follow the HHS                        and all supporting documents submitted                 road and highway signs and signals.
                                                  Mandatory Guidelines for the laboratory                 by the Applicant is available for review               Because the camera will be mounted
                                                  standards and procedures the                            in the docket referenced at the                        outside of the driver’s normal sight lines
                                                  Department will use for regulated                       beginning of this notice.                              to all mirrors, Hino believes that they
                                                  testing.                                                                                                       will maintain a level of safety that is
                                                                                                          Request for Comments                                   equivalent to, or greater than, the level
                                                     Section 382.301 provides
                                                  requirements concerning pre-                               In accordance with 49 U.S.C.                        of safety achieved without the
                                                  employment testing of commercial                        31315(b)(4) and 31136(e), FMCSA                        exemption.
                                                  driver’s license (CDL) holders for                      requests public comment on the                         DATES: Comments must be received on
                                                  controlled substances, while 49 CFR                     application for an exemption from 49                   or before February 21, 2017.
                                                  part 383 prescribes requirements for                    CFR 382.105 and 382.301.                               ADDRESSES: You may submit comments
                                                  individuals who must obtain a CDL.                         The Agency will consider all                        bearing the Federal Docket Management
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                                                  With limited exceptions, an employer                    comments received by close of business                 System (FDMS) Docket ID FMCSA–
                                                  must conduct pre-employment testing                     on February 21, 2017. Comments will be                 2016–0450 using any of the following
                                                  for controlled substances prior to the                  available for examination in the docket                methods:
                                                  first time a driver performs ‘‘safety-                  at the location listed under the                          • Web site: http://
                                                  sensitive functions,’’ as defined in 49                 ADDRESSES section of this notice. The                  www.regulations.gov. Follow the
                                                  CFR 382.107. Employers must not allow                   Agency will consider to the extent                     instructions for submitting comments
                                                  a driver whom the employer intends to                   practicable comments received in the                   on the Federal electronic docket site.


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Document Created: 2018-02-01 15:15:32
Document Modified: 2018-02-01 15:15:32
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; request for comments.
DatesComments must be received on or before February 21, 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 6688 

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