[Federal Register Volume 79, Number 77 (Tuesday, April 22, 2014)]
[Proposed Rules]
[Pages 22467-22468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09143]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 382

[Docket No. FMCSA-2011-0031]
RIN 2126-AB18


Commercial Driver's License Drug and Alcohol Clearinghouse

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

ACTION: Notice of proposed rulemaking; extension of comment period.

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SUMMARY: FMCSA extends the public comment period for the Agency's 
February 20, 2014, notice of proposed

[[Page 22468]]

rulemaking (NPRM) concerning the establishment of a Commercial Driver's 
License Drug and Alcohol Clearinghouse (Clearinghouse). On April 15, 
the Owner-Operator Independent Drivers Association, Inc. (OOIDA) 
petitioned the Agency for a 60-day extension of the comment period. The 
Agency extends the April 21, 2014, deadline for the submission of 
public comments to May 21, 2014.

DATES: FMCSA is extending the comment period for the proposed 
rulemaking published on February 20, 2014 (79 FR 9703). You must submit 
comments by May 21, 2014.

ADDRESSES: You may submit comments, identified by docket number FMCSA-
2011-0031 or RIN 2126-AB18, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility (M-30), U.S. Department 
of Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Same as mail address above, between 9 a.m. 
and 5 p.m. ET, Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: Mr. Juan Jose Moya, Office of 
Enforcement Compliance, Federal Motor Carrier Safety Administration, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001, by telephone at 
(202) 366-4844 or via email at [email protected]. FMCSA 
office hours are from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal holidays. If you have questions on viewing or submitting 
material to the docket, contact Barbara Hairston, Acting Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for Comments

    FMCSA encourages you to participate in this rulemaking by 
submitting comments, data, and related materials. All comments received 
will be posted without change to http://www.regulations.gov and will 
include any personal and/or copyrighted information you provide.

A. Submitting Comments

    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 that FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
in the search box insert the docket number ``FMCSA-2011-0031'' and 
click the search button. When the new screen appears, click on the blue 
``Comment Now!'' button on the right hand side of the page. On the new 
page, enter information required including the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. 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.
    We will consider all comments and material received during the 
comment period and may change this proposed rule based on your 
comments. FMCSA may issue a final rule at any time after the close of 
the comment period.

B. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, and to submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number 
``FMCSA-2011-0031'' and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to the 
proposed rulemaking.

C. Privacy Act

    Anyone is able to search the electronic form for all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review the 
USDOT Privacy Act system of records notice for the DOT Federal Docket 
Management System (FDMS) in the Federal Register published on December 
29, 2010 (75 FR 82132) at http://www.gpo.gov/fdsys/pkg/FR-2010-12-29/pdf/2010-32876.pdf.

II. Background

    On February 20, 2014 (79 FR 9703), FMCSA published a notice of 
proposed rulemaking to establish the Commercial Driver's License Drug 
and Alcohol Clearinghouse (Clearinghouse), a database under the 
Agency's administration that would contain controlled substances (drug) 
and alcohol test result information for the holders of commercial 
driver's licenses (CDLs). The proposed rule would require FMCSA-
regulated motor carrier employers, Medical Review Officers (MROs), 
Substance Abuse Professionals (SAPs), and consortia/third party 
administrators (C/TPAs) supporting U.S. Department of Transportation 
(DOT) testing programs to report verified positive, adulterated, and 
substituted drug test results, positive alcohol test results, test 
refusals, negative return-to-duty test results, and information on 
follow-up testing. The proposed rule would also require employers to 
report actual knowledge of traffic citations for driving a commercial 
motor vehicle (CMV) while under the influence (DUI) of alcohol or 
drugs. The proposed rule would establish the terms of access to the 
database, including the conditions under which information would be 
submitted, accessed, maintained, updated, removed, and released to 
prospective employers, current employers, and other authorized 
entities. Finally, it would require laboratories that provide FMCSA-
regulated motor carrier employers with DOT drug testing services to 
report, annual, summary information about their testing activities. 
This rule is mandated by Section 32402 of the Moving Ahead for Progress 
in the 21st Century Act.
    On April 15, 2014, OOIDA petitioned the Agency for a 60-day 
extension of the comment period for the NPRM. A copy of the OOIDA 
petition is included in the docket file referenced at the beginning of 
this document.
    The FMCSA acknowledges OOIDA's concerns. After reviewing the 
request, FMCSA has decided to grant a 30-day extension, to May 21, 
2014, to provide all interested parties additional time to submit 
comments on this rulemaking.

    Issued on: April 17, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-09143 Filed 4-17-14; 4:15 pm]
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