[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Proposed Rules]
[Pages 16160-16161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05972]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 40

[Docket DOT-OST-2021-0093]
RIN 2105-AE94


Procedures for Transportation Workplace Drug and Alcohol Testing 
Programs: Addition of Oral Fluid Specimen Testing for Drugs; Extension 
of Comment Period

AGENCY: Office of the Secretary, U.S. Department of Transportation 
(DOT).

ACTION: Proposed rule; extension of comment period.

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SUMMARY: The U.S. Department of Transportation is extending the comment 
period for its oral fluid notice of proposed rulemaking. The original 
comment period would close on March 30, 2022. The extension is granted 
in response to requests received from stakeholders, who have stated the 
March 30 closing date does not provide sufficient time for them to 
prepare and submit of comments to the docket. The Department agrees to 
extend the comment period by 30 days. Therefore, the closing date for 
submission of comments is extended to April 29, 2022, which will 
provide those entities submitting requests for an extension and others 
interested in commenting on the proposed rulemaking additional time to 
submit comments to the docket.

DATES: The comment period for the proposed rule published February 28, 
2022, at 87 FR 11156, is extended. Comments must be received on or 
before April 29, 2022.

ADDRESSES: To ensure that you do not duplicate your docket submissions, 
please submit them by only one of the following means:
     Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/DOT-OST-2021-0093/document and follow the 
online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Ave. SE, West Building Ground Floor 
Room W12-140, Washington, DC 20590-0001.
     Hand delivery: West Building Ground Floor, Room W-12-140, 
1200 New Jersey Ave. SE, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The telephone number is 202-366-9329.
    Instructions: To ensure proper docketing of your comment, please 
include the agency name and docket number DOT-OST-2021-0093 or the 
Regulatory Identification Number (RIN), 2105-AE94 for the rulemaking at 
the beginning of your comments. All comments received will be posted 
without change to http://www.regulations.gov, including any personal 
information provided.

FOR FURTHER INFORMATION CONTACT: Patrice M. Kelly, JD, Office of Drug 
and Alcohol Policy and Compliance, 1200 New Jersey Avenue SE, 
Washington, DC 20590; telephone number 202-366-3784; 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    On February 28, 2022, at 87 FR 11156, DOT published in the Federal 
Register a notice of proposed rulemaking proposing to amend its 
transportation industry drug testing program procedures regulations, 49 
CFR part 40, to include oral fluid testing. The proposal includes other 
provisions to update the Department's regulation, and to harmonize, as 
needed, with the new Mandatory Guidelines for Federal Workplace Drug 
Testing Programs using Oral Fluid established by the U.S. Department of 
Health and Human Services. In addition to adding oral fluid as a drug 
testing method and harmonizing with pertinent OFMG sections, we also 
propose to clarify certain part 40 provisions that cover urine drug 
testing procedures; to remove provisions that no longer are necessary; 
to add clarifying language to other provisions such as updated 
definitions and web links, as appropriate; and to update provisions to 
reflect issues that have arisen in recent practice.
    All members of the public, including DOT-regulated employers and 
employees, urine collectors, HHS-NLCP certified laboratories, Medical 
Review Officers, Substance Abuse Professionals, and Consortium/Third 
Party Administrations, Transportation trade organizations, and labor 
organizations are invited to submit comments.
    The original comment period for the proposal would have closed 
March 30,

[[Page 16161]]

2022. However, DOT stakeholders have expressed concern that this 
closing date does not provide sufficient time to coordinate with their 
respective members to develop comments to the NPRM and/or to submit 
comments to the docket. To allow time for interested parties to submit 
comments, the closing date is changed from March 30, 2022 to April 29, 
2022.

    Signed in Washington, DC, on March 16, 2022.
Patrice M. Kelly,
Office of Drug and Alcohol Policy and Compliance.
[FR Doc. 2022-05972 Filed 3-21-22; 8:45 am]
BILLING CODE 4910-9X-P