[Federal Register Volume 82, Number 36 (Friday, February 24, 2017)]
[Notices]
[Pages 11692-11693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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