[Federal Register Volume 68, Number 94 (Thursday, May 15, 2003)]
[Notices]
[Pages 26374-26375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12173]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2003-14911]


Exemptions From Certain Controlled Substances and Alcohol Testing 
Regulations; Mayflower Transit LLC dba Aero Mayflower Transit and 
United Van Lines LLC Requesting Exemptions

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: This notice announces the FMCSA's receipt of an application 
from Mayflower Transit LLC and United Van Lines LLC for exemptions from 
certain Federal controlled substance and alcohol testing requirements. 
The applicants request exemptions that would allow them to impose 
controlled substance and alcohol testing on their non-CDL (commercial 
driver's license) drivers using the same standards, forms and 
requirements, and in the same random testing pool, as their CDL 
drivers.

DATES: Comments must be received on or before June 16, 2003.

ADDRESSES: Mail or hand deliver comments to the U.S. Department of 
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh 
Street, SW., Washington, DC 20590, or submit electronically at http://dmses.dot.gov/submit. All comments received will be available for 
examination and copying at the above address from 9 a.m. to 5 p.m. 
e.t., Monday through Friday, except Federal holidays. Those desiring 
notification of receipt of comments must include a self-addressed, 
stamped postcard, or you may print the acknowledgment page that appears 
after submitting comments electronically.

FOR FURTHER INFORMATION CONTACT: For information about the exemption 
application in this notice, Ms. Kaye Kirby, Office of Bus and Truck 
Standards and Operations, (202) 366-3109; for information about legal 
issues related to this notice, Mr. Mike Falk, Office of the Chief 
Counsel, (202) 366-1384, FMCSA, Department of Transportation, 400 
Seventh Street, SW., Washington, DC 20590. Office hours are from 7:45 
a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal 
holidays.

SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century 
(TEA-21) (Pub. L. 105-178, 112 Stat. 107, now codified at 49 U.S.C 
31315 and 31136), requires FMCSA to publish a notice in the Federal 
Register for each exemption requested, explain that the request has 
been filed, provide the public with an opportunity to inspect the 
safety analysis and any other relevant information known to the agency, 
and provide an opportunity to comment on the request. Prior to granting 
a request for an exemption, the agency must publish a notice in the 
Federal Register identifying the person or class of persons who will 
receive the exemption, the provisions from which the person will be 
exempt, the effective period, and all terms and conditions of the 
exemption. The terms and conditions established by FMCSA must ensure 
that the exemption will likely achieve a level of safety that is 
equivalent to, or greater than, the level that would be achieved by 
complying with the regulation.
    On December 8, 1998, FMCSA published an interim final rule 
implementing section 4007 of TEA-21 (63 FR 67600). The regulations at 
49 CFR part 381 establish the procedures to be followed to request 
waivers and to apply for exemptions from the Federal Motor Carrier 
Safety Regulations, and the provisions used to process them.

Exemption Request

    Mayflower and United Van Lines have requested exemptions that would 
allow them to impose controlled substance and alcohol testing on their 
non-CDL drivers using the same standards, forms and requirements, and 
in the same random testing pool as their CDL drivers.
    Mayflower and United Van Lines note that for purposes of 
administrative efficiency and to promote safety in their operations, 
Mayflower and United Van Lines have included all of the commercial 
motor vehicle drivers, including the non-CDL drivers, in the company 
controlled substance and alcohol testing programs conducted under the 
Department of Transportation regulations. This request for exemptions 
was prompted by the results of a compliance review conducted by the 
Federal Motor Carrier Safety Administration during which Mayflower was 
cited for including non-CDL drivers in its controlled substances and 
alcohol testing program. Consequently, Mayflower and United

[[Page 26375]]

Van Lines are requesting exemptions from certain controlled substance 
and alcohol testing requirements specifically, 49 CFR 382.105, 49 CFR 
382.305(I)(1), and 49 CFR 40.13(a), (b), (c) and (d).
    Mayflower and United Van Lines propose two conditions for their 
exemption that they believe would allow the FMCSA to monitor whether 
they have met the required annual random testing percentage. First, 
they intend to mark each driver controlled substance and alcohol 
testing record with either ``CDL driver'' or ``non-CDL driver'' so that 
an enforcement officer can readily determine which records are for 
drivers subject to 49 CFR part 383 Commercial Driver's License 
Standards; Requirements and Penalties. Secondly, they will establish a 
random testing program that will test all drivers (both CDL drivers and 
non-CDL drivers) for controlled substances and alcohol at an annual 
rate of at least 15 percent for alcohol and at least 55 percent for 
controlled substances. The applicants believe by implementing these two 
conditions they will meet the minimum annual random testing percentage 
while still having a single pool of drivers for random selection.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA is 
requesting public comment from all interested persons on these 
exemption applications. All comments received before the close of 
business on the comment closing date, indicated at the beginning of 
this notice, will be considered and will be available for examination 
in the docket at the location listed under the address section of this 
notice. Comments received after the comment closing date will be filed 
in the public docket and will be considered to the extent practicable, 
but FMCSA may make its decision at any time after the close of the 
comment period. In addition to late comments, FMCSA will also continue 
to file, in the public docket, relevant information that becomes 
available after the comment closing date. Interested persons should 
continue to examine the public docket for new material.

    Authority: 49 U.S.C. 31136 and 31315; and 49 CFR 1.73.

    Issued on: May 9, 2003.
Pamela M. Pelcovits,
Acting Associate Administrator for Policy and Program Development.
[FR Doc. 03-12173 Filed 5-14-03; 8:45 am]
BILLING CODE 4910-EX-P[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
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