Random Alcohol and Controlled Substance Testing: Bordentown Driver Training School, L.L.C., Doing Business as Smith & Solomon Driver Training; Application for Exemption, 51293-51295 [E7-17550]
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mstockstill on PROD1PC66 with NOTICES
Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Notices
Federal Highway Administration, 1200
New Jersey Avenue, SE., Washington,
DC 20590. Office hours are from 7:45
a.m. to 4:15 p.m., e.t., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION: In
conformance with 23 U.S.C. 144(r), the
FHWA has produced a report that
summarizes the types of construction
materials used in new bridge
construction and bridge rehabilitation
projects. Data on Federal-aid and nonFederal-aid highway bridges are
included in the report for completeness.
The December 2006 National Bridge
Inventory (NBI) dataset was used to
identify the material types for bridges
that were new or replaced within the
defined time period. The FHWA’s
Financial Management Information
System (FMIS) and the 2006 NBI were
used to identify the material types for
bridges that were rehabilitated within
the defined time period. Currently
preventative maintenance projects are
included in the rehabilitation totals.
The report, which is available at
https://www.fhwa.dot.gov/bridge/
britab.htm, consists of the following
tables:
• Construction Materials for New and
Replaced Bridges, a summary report
which includes Federal-aid highways
and non-Federal-aid highways built in
2004 and 2005.
• Construction Materials for
Rehabilitated Bridges, a summary report
which includes Federal-aid and nonFederal-aid highways rehabilitated in
2004 and 2005.
• Construction Materials for
Combined New, Replaced and
Rehabilitated Bridges, a summary report
which combines the first two tables
cited above.
• Federal-aid Highways: Construction
Materials for New and Replaced Bridges
2004, a detailed State-by-State report
with counts and areas for Federal-aid
bridges built or replaced in 2004.
• Non-Federal-aid Highways:
Construction Materials for New and
Replaced Bridges 2004, a detailed Stateby-State report with counts and areas for
non-Federal-aid bridges built or
replaced in 2004.
• Federal-aid Highways: Construction
Materials for Rehabilitated Bridges
2004, a detailed State-by-State report
with counts and areas for rehabilitated
Federal-aid bridges in 2004.
• Non-Federal-aid Highways:
Construction Materials for Rehabilitated
Bridges 2004, a detailed State-by-State
report with counts and areas for
rehabilitated non-Federal-aid bridges in
2004.
• Federal-aid Highways: Construction
Materials for New and Replaced Bridges
VerDate Aug<31>2005
18:25 Sep 05, 2007
Jkt 211001
2005, a detailed State-by-State report
with counts and areas for Federal-aid
bridges built or replaced in 2005.
• Non-Federal-Aid Highways:
Construction Materials for New and
Replaced Bridges 2005, a detailed Stateby-State report with counts and areas for
non-Federal-aid bridges built or
replaced in 2005.
• Federal-aid Highways: Construction
Materials for Rehabilitated Bridges
2005, a detailed State-by-State report
with counts and areas for rehabilitated
Federal-aid bridges 2005.
• Non-Federal-aid Highways:
Construction Materials for Rehabilitated
Bridges 2005, a detailed State-by-State
report with counts and areas for
rehabilitated non-Federal-aid bridges
types in 2005.
• Federal-aid Highways: Construction
Materials for New, Replaced and
Rehabilitated Bridges 2004, which
combines the 2004 reports on new,
replaced and rehabilitated Federal-aid
bridges.
• Non-Federal-aid Highways:
Construction Materials for New,
Replaced and Rehabilitated Bridges
2004, which combines the 2004 reports
on new, replaced and rehabilitated nonFederal-aid bridges.
• Federal-aid Highways: Construction
Materials for New, Replaced and
Rehabilitated Bridges 2005, which
combines the 2005 reports on new,
replaced and rehabilitated Federal-aid
bridges.
• Non-Federal-aid Highways:
Construction Materials for New
Replaced and Rehabilitated Bridges
2005, which combines the 2005 reports
on new, replaced and rehabilitated nonFederal-aid bridges.
The tables provide data for 2 years:
2004 and 2005. The 2004 data is
considered complete for new and
rehabilitated bridges, with a minimal
likelihood of upward changes in the
totals. The 2005 data is considered
partially complete for new bridges and
complete for rehabilitated bridges,
because many new bridges built in 2005
will not appear in the NBI until they are
placed into service the following year.
Therefore, next year’s report will
include 2005’s data on new bridge
construction, because the data will be
complete.
Each table displays simple counts of
bridges and total bridge deck area. Total
bridge deck area is measured in square
meters, by multiplying the bridge length
by the deck width out-to-out. The data
is categorized by the following material
types, which are identified in the NBI:
Steel, concrete, pre-stressed concrete
and other. The category ‘‘Other’’
includes wood, timber, masonry,
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51293
aluminum, wrought iron, cast iron and
other. Material type is the predominate
type for the main span(s).
(Authority: 23 U.S.C. 144(r); Sec. 1114(f),
Pub. L. 109–59, 119 Stat. 1144.)
Issued on: August 23, 2007.
J. Richard Capka,
Federal Highway Administrator.
[FR Doc. E7–17629 Filed 9–5–07; 8:45 am]
BILLING CODE 4910–22–P
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
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
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.
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 https://
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.,
DATES:
E:\FR\FM\06SEN1.SGM
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Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Notices
Monday through Friday, except Federal
holidays.
Docket: For access to the docket to
read background documents or
comments received, go to https://
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 selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments on-line.
Mr.
Thomas Yager, Chief, FMCSA Driver
and Carrier Operations Division, Office
of Bus and Truck Standards and
Operations: Telephone: 202–366–4235.
E-mail: MCPSD@dot.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
mstockstill on PROD1PC66 with NOTICES
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
VerDate Aug<31>2005
18:25 Sep 05, 2007
Jkt 211001
exemption. The exemption may be
renewed (49 CFR 381.300(b)).
Request for Exemption
Smith & Solomon is requesting a 2year 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 preenrollment, 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
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Fmt 4703
Sfmt 4703
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 preenrollment, 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.
E:\FR\FM\06SEN1.SGM
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Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Notices
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
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No: FTA–2007–29075]
National Transit Database: Rural
Reporting Manual
Federal Transit Administration
(FTA), DOT.
ACTION: Notice of Availability of
National Transit Database Rural
Reporting Manual.
mstockstill on PROD1PC66 with NOTICES
AGENCY:
SUMMARY: This notice provides
interested parties with the opportunity
to comment on the Federal Transit
Administration’s (FTA) National Transit
Database (NTD) Rural Reporting Manual
(Rural Manual). Pursuant to 49 U.S.C.
5335, FTA requires recipients of grants
under 49 U.S.C. 5311 (Other Than
Urbanized Area Formula Grants) to
provide an annual report to the
Secretary of Transportation via the NTD
reporting system according to a uniform
system of accounts (USOA). 49 U.S.C.
5311 provides additional specifications
for annual reporting from recipients of
Section 5311 grants. The Rural Manual
provides complete details as to FTA’s
implementation of these annual
requirements through reporting to the
Rural NTD Module. In accordance with
49 U.S.C. 5334, and in an ongoing effort
to be responsive to the needs of NTD
reporters, the Rural Manual is available
in the DOT docket for public comment.
DATES: Comments must be received on
or before October 9, 2007. FTA will
consider late filed comments to the
extent practicable.
ADDRESSES: You may submit comments
at the following Web site: https://
dms.dot.gov. Follow the instructions
there for submitting comments to the
DOT electronic docket.
Fax: 202–493–2251.
Mail: Docket Management System;
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590.
Hand Delivery: To the Docket
Management System; U.S. Department
of Transportation, 1200 New Jersey
Avenue, SE., West Building Ground
Floor, Room W12–140, Washington, DC
20590 between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
Holidays.
VerDate Aug<31>2005
18:25 Sep 05, 2007
Jkt 211001
Instructions: When submitting
comments electronically to the
Department’s Docket Management
System (DMS) Web site located at
https://dms.dot.gov, you must use docket
number FTA–2007–29075. This will
ensure that your comment is placed in
the correct docket. If you submit
comments by mail, you should submit
two copies and include the above
docket number. Note that all comments
received will be posted, without change,
to https://dms.dot.gov including any
personal identifying information. This
means that if your comment includes
any personal identifying information,
such information will be made available
to users of DMS. You may review the
Department’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477), or you may visit https://
dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: For
program issues, John D. Giorgis, Office
of Budget and Policy, (202) 366–5430
(telephone); (202) 366–7989 (fax); or
john.giorgis@dot.gov (e-mail). For legal
issues, Richard Wong, Office of the
Chief Counsel, (202) 366–0675
(telephone); (202) 366–3809 (fax); or
richard.wong@dot.gov (e-mail).
SUPPLEMENTARY INFORMATION: The
National Transit Database (NTD) is the
Federal Transit Administration’s
(FTA’s) primary database for statistics
on the transit industry. Recipients of
grants under 49 U.S.C. 5307 (Urbanized
Area Formula Grants) or under 49
U.S.C. 5311 (Other Than Urbanized
Area Formula Grants) are required by
statute to submit data to the NTD. These
data are used to ‘‘help meet the needs
of * * * the public for information on
which to base public transportation
service planning * * *’’ (49 U.S.C
5335). The statute further specifies that
recipients of grants under 49 U.S.C.
5311 are required to submit an annual
report ‘‘containing information on
capital investment, operations, and
service provided with funds received.
* * * . including,
(A) total annual revenue;
(B) sources of revenue;
(C) total annual operating costs;
(D) total annual capital costs;
(E) fleet size and type, and related
facilities;
(F) revenue vehicle miles; and
(G) ridership.’’ (49 U.S.C. 5311)
The National Transit Database Rural
Reporting Manual (Rural Manual)
provides complete details as to FTA’s
implementation of these annual
requirements for recipients of grants
under 49 U.S.C. 5311 through reporting
to the Rural NTD Module.
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51295
Currently, over 650 transit agencies in
urbanized areas already report to the
NTD through an Internet-based
reporting system. Pursuant to 49 U.S.C.
5335, FTA is expanding NTD reporting
to include recipients of grants under 49
U.S.C. 5311 (Other Than Urbanized
Area Formula Grants.) Recipients of
these grants include the 50 States,
Puerto Rico, American Samoa, Guam,
and the Northern Marianas. (By statute,
the Virgin Islands are considered to be
an urbanized area for purposes of FTA
grant-making.) Additionally, a number
of Indian Tribes are also direct
recipients of grants under 49 U.S.C.
5311. In addition to fulfilling a statutory
requirement, this data will be used in
the annual National Transit Summaries
and Trends report, the biennial
Conditions and Performance Report to
Congress, and in meeting FTA’s
obligations under the Government
Performance and Results Act.
This notice provides interested parties
with the opportunity to comment on
FTA’s Rural Manual. The Rural Manual
is available in the DOT Docket FTA–
2007–29075 and may also be reviewed
on the NTD Web site, https://
www.ntdprogram.gov.
Issued in Washington, DC, this 29th day of
August 2007.
James S. Simpson,
Administrator.
[FR Doc. E7–17549 Filed 9–5–07; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No: FTA–2007–28960]
National Transit Database:
Amendments to Urbanized Area
Annual Reporting Manual
Federal Transit Administration
(FTA), DOT.
ACTION: Notice of Availability of
Proposed Amendments to the 2007
National Transit Database Urbanized
Area Annual Reporting Manual.
AGENCY:
SUMMARY: This notice provides
interested parties with the opportunity
to comment on changes to the Federal
Transit Administration’s (FTA) 2007
National Transit Database (NTD)
Urbanized Area Annual Reporting
Manual (Annual Manual). Pursuant to
49 U.S.C. 5335, FTA requires recipients
of FTA Urbanized Area Formula Grants
to provide an annual report to the
Secretary of Transportation via the NTD
reporting system according to a uniform
system of accounts (USOA). In an
ongoing effort to improve the NTD
E:\FR\FM\06SEN1.SGM
06SEN1
]]>Agencies
[Federal Register Volume 72, Number 172 (Thursday, September 6, 2007)]
[Notices]
[Pages 51293-51295]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17550]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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 https://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: MCPSD@dot.gov.
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
