[Federal Register Volume 72, Number 172 (Thursday, September 6, 2007)]
[Notices]
[Pages 51293-51295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17550]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-29048]


Random Alcohol and Controlled Substance Testing: Bordentown 
Driver Training School, L.L.C., Doing Business as Smith & Solomon 
Driver Training; Application for Exemption

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

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

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SUMMARY: The FMCSA announces that it has received an application from 
Bordentown Driver Training, L.L.C., doing business as Smith & Solomon 
Driver Training (Smith & Solomon), seeking an exemption from the random 
controlled substances and alcohol testing regulations for student 
drivers enrolled in its commercial motor vehicle driver training 
program. Under the exemption, Smith & Solomon's student drivers would 
not be required to undergo random controlled substances and alcohol 
testing while enrolled in its 4-week driver-training program. The FMCSA 
requests public comment on Smith & Solomon's application for exemption.

DATES: Comments must be received on or before October 9, 2007.

ADDRESSES: You may submit comments identified by DOT DMS Docket No. 
FMCSA-2007-29048 using any of the following methods:
     Web Site: Go to http://dmses.dot.gov/submit. Follow the 
instructions for submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Ave., SE., Washington, DC 
20590.
     Hand Delivery: Room W12-140, Ground Floor of West 
Building, U.S. Department of Transportation, 1200 New Jersey Ave., SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m.,

[[Page 51294]]

Monday through Friday, except Federal holidays.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or Room W12-
140, Ground Floor of West Building, U.S. Department of Transportation, 
1200 New Jersey Ave., SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The DMS is 
available 24 hours each day, 365 days each year. If you want us to 
notify you that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments on-line.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver 
and Carrier Operations Division, Office of Bus and Truck Standards and 
Operations: Telephone: 202-366-4235. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century 
(Pub. L. 105-178, 112 Stat. 107, June 9, 1998) amended 49 U.S.C. 31315 
and 31136(e) to provide authority to grant exemptions from the motor 
carrier safety regulations. On August 20, 2004, FMCSA published a final 
rule (69 FR 51589) on section 4007. Under the regulations, FMCSA must 
publish a notice of each exemption request in the Federal Register (49 
CFR 381.315(a)). The FMCSA must provide the public with an opportunity 
to inspect the information relevant to the application, including any 
safety analyses that have been conducted, and it must provide an 
opportunity for public comment on the request.
    The FMCSA reviews the safety analyses and the public comments and 
determines whether granting the exemption would achieve a level of 
safety equivalent to or greater than the level that would be achieved 
absent the exemption (49 CFR 381.305). The FMCSA's decision must be 
published in the Federal Register (49 CFR 381.315(b)). If FMCSA denies 
the request, it must state the reason for doing so. If FMCSA grants the 
exemption, the notice must specify the person or class of persons 
receiving the exemption and the regulatory provision or provisions from 
which exemption is being granted. The notice must also specify the 
effective period of the exemption (up to 2 years) and explain the terms 
and conditions of the exemption. The exemption may be renewed (49 CFR 
381.300(b)).

Request for Exemption

    Smith & Solomon is requesting a 2-year exemption from 49 CFR 
382.305, ``Random testing,'' which provides in part that:

    (a) Every employer shall comply with the requirements of this 
section. Every driver shall submit to random alcohol and controlled 
substance testing as required in this section * * *

    Smith & Solomon is a corporate entity providing commercial driver 
training in classrooms and ``behind the wheel'' to students who enroll 
in its 4-week program. A copy of the course curriculum and requirements 
for the Smith & Solomon driver training program is included in the 
docket for this notice. Smith & Solomon employs administrative and 
office staff and certified and licensed driver instructor personnel to 
conduct the functions of its commercial driver-training school. Driver-
instructors and any other person assigned to operate a commercial motor 
vehicle (CMV) are subject to, and comply with, all alcohol and 
controlled substance testing required by the Federal Motor Carrier 
Safety Regulations. Students are subject to pre-enrollment, reasonable 
suspicion, and post-accident alcohol and controlled substance testing. 
According to Smith & Solomon's application, student drivers undergo 
controlled substance testing before enrollment, and no student is 
permitted in a CMV until Smith & Solomon's Director of Safety receives 
a negative alcohol and controlled substance test. Also, student drivers 
are not allowed to operate CMVs if Smith & Solomon's instructors have 
reasonable suspicion of alcohol or controlled substance use.
    Smith & Solomon seeks an exemption from the requirements of the 
random controlled substances and alcohol testing program (49 CFR 
382.305) for its student drivers because all student drivers undergo 
controlled substance testing before enrollment. Additionally, Smith & 
Solomon advises that student enrollments only last for a period of 4 to 
6 weeks, and the student drivers are subject to reasonable-suspicion 
and post-accident alcohol and controlled substance testing. Smith & 
Solomon adds that during the length of their enrollment, students only 
spend an average of 30 hours behind the wheel of a CMV starting in the 
third week of the enrollment period, always with a Smith & Solomon 
certified and licensed employee driver-instructor, and the remainder of 
time is spent by the student in the classroom and in the practice yard.
    Smith & Solomon advises that its student driver enrollment varies 
every 4 weeks, and students do not always stay enrolled throughout the 
4-week course. As an example, Smith & Solomon states that during the 
period January 2007 through May 2007, 112 students were selected for 
random alcohol and controlled substance testing, but only 90 students 
were tested because 22 were no longer enrolled in the student driver 
program. During the course of a calendar year, approximately 185 
students, or 7 percent of students enrolled in a program, do not 
complete the course and therefore cannot be tested. Smith & Solomon 
advises that random alcohol and controlled substance testing of driver-
students enrolled in driver training program results in substantial 
cost to the company.
    Smith & Solomon requests that the exemption should be granted 
because:
    (A) Administering a random controlled substances and alcohol 
testing program to a student population that changes every 4 weeks 
makes regulatory compliance very difficult and financially burdensome 
to achieve, without any additional benefit to the public safety; and
    (B) Its program of requiring pre-enrollment, reasonable suspicion 
and post-accident alcohol and controlled substance testing to students 
who only train behind the wheel of a commercial motor vehicle, always 
with certified and licensed employee driver instructors, for 
approximately 30 hours during the enrollment period, adequately 
protects the public safety.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests 
public comment on Smith & Solomon's application for exemption from 49 
CFR 382.305. The FMCSA will consider all comments received by close of 
business on October 9, 2007. Comments will be available for examination 
in the docket at the location listed under the ADDRESSES section of 
this notice. The FMCSA will file comments received after the comment 
closing date in the public docket and will consider them to the extent 
practicable. 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 monitor the 
public docket for new material.


[[Page 51295]]


    Issued on: August 29, 2007.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E7-17550 Filed 9-5-07; 8:45 am]
BILLING CODE 4910-EX-P