[Federal Register Volume 90, Number 56 (Tuesday, March 25, 2025)]
[Notices]
[Pages 13654-13655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05021]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2020-0101]
Controlled Substances and Alcohol Use and Testing: DISA
Entertainment Compliance Solutions Application for Exemption From the
Drug and Alcohol Clearinghouse Pre-Employment Full-Query
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for renewal of exemption.
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SUMMARY: FMCSA announces that it has received an application from DISA
Entertainment Compliance Solutions (DECS), formerly known as Motion
Picture Compliance Solutions, to renew its exemption from the
requirement that an employer must not employ a driver who is subject to
drug and alcohol testing to perform safety-sensitive functions prior to
conducting a full query of the Drug and Alcohol Clearinghouse
(Clearinghouse) on behalf of its members that employ commercial
driver's license (CDL) holders. Under the requested exemption, DECS
would conduct a limited query of the Clearinghouse before one of its
member employers hires a driver for a project. If the limited query
indicates that information about the driver exist in the Clearinghouse,
the driver would not be permitted to perform safety-sensitive functions
unless and until a full query subsequently shows that the driver is not
prohibited from operating a commercial motor vehicle (CMV). FMCSA
requests public comment on DECS' application for an exemption.
DATES: Comments must be received on or before April 24, 2025.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2020-0101 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: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
1200 New Jersey Avenue SE, Washington, DC 20590-0001 between 9 a.m. and
5 p.m. E.T., Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
for this notice (FMCSA-2020-0101). 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 the ground
level of the U.S. Department of Transportation, West Building, at 1200
New Jersey Avenue SE, Washington, DC 20590-0001 between 9 a.m. and 5
p.m., ET, Monday through Friday, except Federal holidays. To be sure
someone is there to help you, please call (202) 366-9317 or (202) 366-
9826 before visiting Dockets Operations.
Privacy Act: In accordance with 49 U.S.C. 31315(b)(6), DOT solicits
comments from the public on the exemption renewal request. DOT posts
these comments, 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 under the ``Department
Wide System of Records Notices'' at www.dot.gov/privacy/privacy-act-system-records-notices. The comments are searchable by the name of the
submitter and are posted without edit.
FOR FURTHER INFORMATION CONTACT: Pearlie Robinson, Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; FMCSA; (202) 366-4225; [email protected]. If you have
questions on viewing or submitting material to the docket, contact
Dockets Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2020-0101), 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, insert
the docket number (FMCSA-2020-0101) in keyword box, and click on this
notice, click ``Comment,'' and type your comment into the text box on
the following screen.
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.
FMCSA will consider all comments and material received during the
comment period. Comments received after the comment closing date will
be filed in the public docket and will be considered to the extent
practicable.
B. Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the notice contain commercial or
financial information that is customarily treated as private, that you
actually treat as private, and that is relevant or responsive to the
notice, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission that
constitutes CBI as ``PROPIN'' to indicate it contains proprietary
information. FMCSA will treat such marked submissions as confidential
under the Freedom of Information Act, and they will not be placed in
the public docket of the
[[Page 13655]]
notice. Submissions containing CBI should be sent to Brian Dahlin,
Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200
New Jersey Avenue SE, Washington, DC 20590-0001 or via email at
[email protected]. At this time, you need not send a duplicate
hardcopy of your electronic CBI submissions to FMCSA headquarters. Any
comments FMCSA receives not specifically designated as CBI will be
placed in the public docket for this notice.
C. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to https://www.regulations.gov insert FMCSA-2020-0101 in the keyword box, select
the document tab and choose the document to review. To view comments,
click this notice, then click ``Browse Comments.'' If you do not have
access to the internet, you may view the docket online by visiting
Docket Operations on the ground floor of the DOT West Building, 1200
New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., ET Monday through Friday, except Federal holidays. To be sure
someone is there to help you, please call (202) 366-9317 or (202) 366-
9826 before visiting Dockets Operations.
D. Privacy
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. DOT posts these
comments, including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice DOT/
ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed
under the ``Department Wide System of Records Notices'' at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments are posted without edit and are searchable by the
name of the submitter.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from the Federal Motor Carrier Safety Regulations (FMCSRs).
FMCSA must publish a notice of each exemption request in the Federal
Register (49 CFR 381.315(a)). The Agency must provide the public an
opportunity to inspect the information relevant to the application,
including the applicant's safety analyses. The Agency must also provide
an opportunity for public comment on the request.
The Agency reviews the safety analyses and the public comments and
determines whether granting the exemption would likely achieve a level
of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305(a)). The Agency must
publish the decision in the Federal Register (49 CFR 381.315(b)). If
granted, the notice will identify the regulatory provision from which
the applicant will be exempt and the effective period and will explain
all terms and conditions of the exemption (49 CFR 381.315(c)(1)). If
the exemption is denied, the notice will explain the reason for the
denial (49 CFR 381.315(c)(2)). The exemption may be renewed (49 CFR
381.300(b)).
III. Background
Current Regulatory Requirements
Currently, 49 CFR 382.701(a)(2) requires that employers must not
employ a driver subject to the testing requirements of 49 CFR part 382
without first conducting a pre-employment full query of the
Clearinghouse. A full query allows the employer to see any information
that exists about a driver in the Clearinghouse. An employer must
obtain the driver's specific consent, provided electronically through
the Clearinghouse, prior to the release of detailed information in
response to the full query.
By contrast, a limited query allows an employer to determine
whether the Clearinghouse contains any information about the driver but
does not release any specific information about the driver. Limited
queries require only a driver's general consent, which is obtained and
retained outside the Clearinghouse and may be in written or electronic
form. Under 49 CFR 382.701(b)(2), an employer may conduct a limited
query in lieu of a full query when satisfying the annual query
requirement for current driver-employees. However, if the response to a
limited query indicates there is information about the driver in the
Clearinghouse, the employer must conduct a full query, after obtaining
the driver's specific consent, within 24 hours, as required by 49 CFR
382.701(b)(3). If the full query is not conducted within the 24-hour
period, or shows that the driver is prohibited from operating a CMV,
the employer must not permit the driver to continue to perform safety-
sensitive functions.
On February 4, 2020, in response to a request from DECS, FMCSA
issued DECS a three-month waiver from 49 CFR 382.701(a)(2) on behalf of
its members that employ CDL holders subject to drug and alcohol testing
under 49 CFR part 382. On June 1, 2020, FMCSA granted DECS a five-year
exemption from 49 CFR 382.701(a)(2), which indicates that DECS would
likely achieve a level of safety obtained by complying with the
regulation (85 FR 33274). The exemption will expire on May 28, 2025.
Application for Renewal of Exemption
DECS has requested an additional five-year renewal of its exemption
from 49 CFR 382.701(a)(2) on behalf of its members that employ CDL
holders subject to drug and alcohol testing under 49 CFR part 382.
DECS' members employ drivers providing transportation services to or
from theatrical, commercial, television, or motion picture production
sites. Renewal of the exemption would allow DECS to continue to conduct
a limited query of the Clearinghouse before one of its member employers
hires a driver for a project. If the limited query indicates that
information about the driver exists in the Clearinghouse, the driver
would not be permitted to perform safety-sensitive functions unless and
until a full query subsequently shows that the driver is not prohibited
from operating a CMV. DECS, serving as a Consortium/Third-party
Administrator (C/TPA) for its member employers, requests, obtains, and
retains limited query general consent forms from drivers. A copy of the
exemption application is included in the docket referenced at the
beginning of this notice.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on DECS' application for an
exemption renewal. All comments received before the close of business
on the comment closing date will be considered and will be available
for examination in the docket at the location listed under the
Addresses 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. 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.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2025-05021 Filed 3-24-25; 8:45 am]
BILLING CODE 4910-EX-P