Commercial Driver's License Drug and Alcohol Clearinghouse, 22467-22468 [2014-09143]

Download as PDF Federal Register / Vol. 79, No. 77 / Tuesday, April 22, 2014 / Proposed Rules environmental risk to health or risk to safety that might disproportionately affect children. 11. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. 12. Energy Effects This proposed rule is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. ehiers on DSK2VPTVN1PROD with PROPOSALS-1 13. Technical Standards This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves establishing temporary moving safety zones on waters of the Wando River, Cooper River, Charleston Harbor, and Ashley River, in Charleston, South Carolina during the Swim Around Charleston event on Sunday, September 21, 2014. Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Charleston or a designated representative. This proposed rule is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. A prior environmental analysis checklist and a Categorical Exclusion Determination were completed for a regulation (USCG– 2013–0322) issued for a same event in 2013. The previously completed environmental analysis checklist and Categorical Exclusion Determination can be found in the docket folder for VerDate Mar<15>2010 15:07 Apr 21, 2014 Jkt 232001 USCG–2013–0322 at www.regulations.gov. Because this proposed rule is substantially unchanged from the regulation issued when the prior determination was made and there have been no new developments relevant to that determination, we have not completed a new environmental analysis checklist and Categorical Exclusion Determination for this proposed rule. We have made a preliminary determination this proposed rule will not have any of the following: Significant cumulative impacts on the human environment; substantial controversy or substantial change to existing environmental conditions; or inconsistencies with any federal, state, or local laws or administrative determinations relating to the environment. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1226, 1231; 33 CFR 1.05–1(g), and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add a temporary § 165.T07–0160 to read as follows: ■ 22467 (b) Definition. The term ‘‘designated representative’’ means Coast Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, state, and local officers designated by or assisting the Captain of the Port Charleston in the enforcement of the regulated areas. (c) Regulations. (1) All persons and vessels are prohibited from entering or transiting through the regulated areas unless authorized by the Captain of the Port Charleston or a designated representative. (2) Persons and vessels desiring to enter or transit through the regulated areas may contact the Captain of the Port Charleston by telephone at (843) 740–7050, or a designated representative via VHF radio on channel 16, to request authorization. If authorization to enter or transit through the regulated areas is granted by the Captain of the Port Charleston or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Charleston or a designated representative. (3) The Coast Guard will provide notice of the regulated areas by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives. (d) Effective Date. This rule is effective on Sunday, September 21, 2014. This rule will be enforced from 11:30 a.m. until 6:30 p.m. on Sunday, September 21, 2014. Dated: April 2, 2014. R.R. Rodriguez, Captain, U.S. Coast Guard, Captain of the Port Charleston. [FR Doc. 2014–09057 Filed 4–21–14; 8:45 am] BILLING CODE 9110–04–P § 165.T07–0160 Safety Zones; Swim Around Charleston, Charleston, SC. (a) Regulated Areas. The following regulated area is a moving safety zone: All waters 50 yards in front of the lead safety vessel preceding the first race participants, 50 yards behind the safety vessel trailing the last race participants, and at all times extend 100 yards on either side of the race participants and safety vessels. The Swim Around Charleston swimming race consists of a 12 mile course that starts at Remley’s Point on the Wando River in approximate position 32°48′49″ N, 79°54′27″ W, crosses the main shipping channel of Charleston Harbor, and finishes at the I–526 bridge and boat landing on the Ashley River in approximate position 32°50′14″ N, 80°01′23″ W. All coordinates are North American Datum 1983. PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 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 Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of proposed rulemaking; extension of comment period. AGENCY: FMCSA extends the public comment period for the Agency’s February 20, 2014, notice of proposed SUMMARY: E:\FR\FM\22APP1.SGM 22APP1 22468 Federal Register / Vol. 79, No. 77 / Tuesday, April 22, 2014 / Proposed Rules ehiers on DSK2VPTVN1PROD with PROPOSALS-1 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 60day 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: https:// 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 fmcsadrugandalcohol@ dot.gov. 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 https:// www.regulations.gov and will include VerDate Mar<15>2010 15:07 Apr 21, 2014 Jkt 232001 any personal and/or copyrighted information you provide. https://www.gpo.gov/fdsys/pkg/FR-201012-29/pdf/2010-32876.pdf. 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 https://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 81⁄2 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, selfaddressed 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. II. Background 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 https://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 PO 00000 Frm 00015 Fmt 4702 Sfmt 9990 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-toduty 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 FMCSAregulated 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] BILLING CODE 4910–EX–P E:\FR\FM\22APP1.SGM 22APP1

Agencies

[Federal Register Volume 79, Number 77 (Tuesday, April 22, 2014)]
[Proposed Rules]
[Pages 22467-22468]
From the Federal Register Online via the Government Printing 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: https://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 fmcsadrugandalcohol@dot.gov. 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 https://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 https://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 https://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 https://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]
BILLING CODE 4910-EX-P