Controlled Substances and Alcohol Use and Testing: Application for Exemption; The Trucking Alliance, 52105-52107 [2022-18257]

Download as PDF Federal Register / Vol. 87, No. 163 / Wednesday, August 24, 2022 / Notices online user account must first be established. CARES will leverage an existing FAA Single Sign-On (SSO) capability known as MyAccess. MyAccess will be used to generate online public user accounts, and also serve as part of the user account signon and authentication process after a user account has been created. As an alternative to the web-based services, public users will still be permitted to send in paper forms directly to the Registry office via conventional mail services. These paper forms will be revised to collect the email address of the public user to help streamline processing of the public users’ request. The modified paper forms will supersede all prior forms. Respondents: Approximately 162,176 applicants for 2120–0042; 3,670 applicants for 2120–0024; 22,370 applicants for 2120–0043; and 14,360 applicants for 2120–0697. Frequency: Information is collected on occasion for 2120–0042, 2120–0043 and 2120–0697; annually to maintain a certificate for 2120–0024. Estimated Average Burden per Response: 32 minutes for 2120–0042; 45 minutes for 2120–0024; 1 hour for 2120–0043; and 30 minutes for 2120– 0697. Estimated Total Annual Burden: 135,457 hours for 2120–0042; 2753 hours for 2120–0024; 22,370 hours for 2120–0043; and 7,180 hours for 2120– 0697. Issued in Oklahoma City, OK on August 19, 2022. Bonnie Lefko, Program Analyst, Civil Aviation Registry, Aircraft Registration Branch, AFB–710. [FR Doc. 2022–18261 Filed 8–23–22; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Receipt and Request for Review of Noise Compatibility Program Federal Aviation Administration, DOT. ACTION: Notice of receipt and request for review of noise compatibility program. AGENCY: The Federal Aviation Administration (FAA) announces that it is reviewing a proposed noise compatibility program that was submitted for Newark Liberty International Airport by The Port Authority of New York and New Jersey. This program was submitted subsequent to a determination by FAA that associated noise exposure maps jspears on DSK121TN23PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:09 Aug 23, 2022 Jkt 256001 submitted for Newark Liberty International Airport were in compliance with applicable requirements, effective January 15, 2019. The proposed noise compatibility program will be approved or disapproved on or before February 15, 2023. This notice also announces the availability of this noise compatibility program for public review and comment. DATES: The effective date of start of FAA’s review of the noise compatibility program is August 19, 2022. The public comment period ends October 18, 2022. FOR FURTHER INFORMATION CONTACT: Andrew Brooks, Regional Environmental Program Manager, Airports Division, Federal Aviation Administration, 1 Aviation Plaza, Room 516, Jamaica, NY 11434. Phone Number: 718–553–2511. Comments on the proposed noise compatibility program should also be submitted to the above office. SUPPLEMENTARY INFORMATION: This notice announces that the FAA is reviewing a proposed noise compatibility program (NCP) for Newark Liberty International Airport which will be approved or disapproved on or before February 15, 2023. This notice also announces the availability of this program for public review and comment. An airport operator who has submitted noise exposure maps (NEM) that are found by FAA to be in compliance with the requirements of title 49, chapter 475 of the United States Code (U.S.C.) (Aviation Safety and Noise Abatement Act, hereinafter referred to as ‘‘the Act’’) and Title 14, Code of Federal Regulations (CFR) part 150 (14 CFR 150), promulgated pursuant to the Act, may submit a noise compatibility program for FAA approval which sets forth the measures the operator has taken or proposes to reduce existing non-compatible uses and prevent the introduction of additional non-compatible uses. The FAA previously determined that the NEMs for Newark Liberty International Airport were in compliance with applicable requirements under 14 CFR 150, effective January 15, 2019 (Noise Exposure Map Notice for Newark Liberty International Airport, Newark, New Jersey, volume 84, Federal Register, pages 27183–4, June 11, 2019). The FAA has formally received the NCP for Newark Liberty International Airport on August 8, 2022. The airport operator has requested that the FAA review this material and that the noise mitigation measures, to be implemented jointly by the airport and surrounding PO 00000 Frm 00146 Fmt 4703 Sfmt 4703 52105 communities, be approved as a NCP under section 47504 of the Act. Preliminary review of the submitted material indicates that it conforms to the requirements for the submittal of NCPs, but that further review will be necessary prior to approval or disapproval of the program for Newark Liberty International Airport. The formal review period, limited by law to a maximum of 180 days, was initiated on August 19, 2022 and will be completed on or before February 15, 2023. The FAA’s detailed evaluation will be conducted under the provisions of 14 CFR 150.33. The primary considerations in the evaluation process are whether the proposed measures may reduce the level of aviation safety, create an undue burden on interstate or foreign commerce, or be reasonably consistent with obtaining the goal of reducing existing non-compatible land uses and preventing the introduction of additional non-compatible land uses. Interested persons are invited to comment on the proposed program with specific reference to these factors. All comments, other than those properly addressed to local land use authorities, will be considered by the FAA to the extent practicable. Copies of the proposed NCP for Newark Liberty International Airport are available for examination online at https:// panynjpart150.com/EWR_FNCP.asp. The Port Authority of New York and New Jersey has also made a hard copy of the document available for review at the EWR Redevelopment Program Community Outreach Office, located at 79 West Jersey Street, Elizabeth, New Jersey. Interested parties can contact the office at (732) 258–1801 or via email at anewewr@panynj.gov to arrange for a review. Questions regarding this notice may be directed to the individual named above under the heading, FOR FURTHER INFORMATION CONTACT. Issued in Jamaica, NY, on August 19, 2022. David A. Fish, Director, Airports Division, Eastern Region. [FR Doc. 2022–18218 Filed 8–23–22; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2022–0127] Controlled Substances and Alcohol Use and Testing: Application for Exemption; The Trucking Alliance Federal Motor Carrier Safety Administration (FMCSA), DOT. AGENCY: E:\FR\FM\24AUN1.SGM 24AUN1 52106 Federal Register / Vol. 87, No. 163 / Wednesday, August 24, 2022 / Notices Notice of application for exemption; request for comments. ACTION: FMCSA announces that it has received an application for exemption from The Trucking Alliance, a group comprised of the following motor carriers: Cargo Transporters; Dupre´ Logistics LLC; Frozen Food Express; J.B. Hunt Transport, Inc.; KLLM Transport Services; Knight Transportation; Maverick Transportation LLC; Schneider; Swift Transportation; USXpress; and May Trucking Company. The Trucking Alliance applied for an exemption from the Federal Motor Carrier Safety Regulations (FMCSRs) ‘‘to amend the definition of actual knowledge to include the employer’s knowledge of a driver’s positive hair test, which would require such results be reported to the FMCSA Drug and Alcohol Clearinghouse (‘‘Clearinghouse’’) and to inquiring carriers.’’ Although FMCSA lacks the statutory authority to grant the Trucking Alliance’s request for exemption until the Department of Health and Human Services has taken certain action, FMCSA requests public comment on the exemption application, as required by statute. SUMMARY: Comments must be received on or before September 23, 2022. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Number FMCSA–2022–0127 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, 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. E.T., Monday through Friday, except Federal holidays. • Fax: (202) 493–2251. Each submission must include the Agency name and the docket number (FMCSA–2022–0127) 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 jspears on DSK121TN23PROD with NOTICES DATES: VerDate Sep<11>2014 19:09 Aug 23, 2022 Jkt 256001 New Jersey Avenue SE, Washington, DC, 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), DOT solicits comments from the public to better inform its exemption 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 https:// www.transportation.gov/privacy, the comments are searchable by the name of the submitter. FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards, FMCSA, at (202) 366–2722 or by email at MCPSD@dot.gov. If you have questions on viewing or submitting material to the docket, contact Dockets Operations at (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–2022–0127), 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–2022–0127’’) in the ‘‘Keyword’’ box, and click ‘‘Search.’’ When the new screen appears, click on the ‘‘Comment’’ 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 81⁄2 by 11 inches, suitable for PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 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. FMCSA will consider all comments and material received during the comment period. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant exemptions from 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 any safety analyses that have been conducted. The Agency must provide an opportunity for public comment on the request. The Agency reviews safety analyses and public comments submitted 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). The Agency must publish its decision in the Federal Register (49 CFR 381.315(b)) with the reasons for denying or granting the application and, if granted, the name of the person or class of persons receiving the exemption and the regulatory provision from which the exemption is granted. The notice must specify the effective period and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). III. Applicant’s Request The Trucking Alliance applied for ‘‘an exemption from 49 CFR 382.107 to amend the definition of actual knowledge to include the employer’s knowledge of a driver’s positive hair test, which would require such results be reported to the FMCSA Drug and Alcohol Clearinghouse (‘‘Clearinghouse’’) and to inquiring carriers as required to comply with 49 CFR 391.23.’’ A copy of The Trucking Alliance’s application for exemption is available for review in the docket for this notice. IV. Statutory Requirements for FMCSA’s Drug and Alcohol Testing Program FMCSA drug and alcohol use and testing regulations are authorized by the Omnibus Transportation Employee Testing Act of 1991 (OTETA) (Pub. L. 102–143, Title V, 105 Stat. 917, at 952, codified at 49 U.S.C. 31306). Section 31306(c)(2) requires that DOT follow the Department of Health and Human Services’ (HHS) Mandatory Guidelines E:\FR\FM\24AUN1.SGM 24AUN1 Federal Register / Vol. 87, No. 163 / Wednesday, August 24, 2022 / Notices jspears on DSK121TN23PROD with NOTICES for technical and scientific testing issues. Thus, while DOT has discretion concerning many aspects of the regulations governing testing in the transportation industries’ regulated programs, DOT and FMCSA must follow the HHS Mandatory Guidelines for the laboratory standards and procedures used for regulated testing. Therefore, allowing the use of a non-DOT drug test to serve as the basis for an actual knowledge report under 49 CFR part 382 is contrary to OTETA. FMCSA notes that in section 5402(b) of the Fixing America’s Surface Transportation Act (FAST Act) (Pub. L. 114–94, 129 Stat. 1548, codified at 49 U.S.C. 31306 note) (Dec. 4, 2015)), Congress required that the U.S. Department of Health and Human Services (HHS) ‘‘not later than one year after . . . this Act, . . . issue scientific and technical guidelines for hair testing as a method of detecting the use of a controlled substance for purposes of section 31306 of title 49, United States Code.’’ The FAST Act also amended OTETA by adding a requirement that FMCSA’s drug and alcohol testing regulations permit the use of hair testing as an acceptable alternative to urine testing for pre-employment drug testing, and for random drug testing when the driver was subject to pre-employment hair testing (49 U.S.C. 31306(b)(1)(B)). The Conference Report accompanying the FAST Act noted that ‘‘[t]he FMCSA has informed the conferees, and the conferees agree that nothing in section 5402 authorizes the use of hair testing as an alternative to urine tests until the U.S. Department of Health and Human Services establishes federal standards for hair testing’’ (emphasis added).[ H.R. Rep. 114–357, at 506 (Dec. 1, 2015)] HHS issued proposed Mandatory Guidelines for Federal Workplace Drug Testing Using Hair (HMG) in 2020 (85 FR 56108 (September 10, 2020)). However, HHS has not yet issued a final version of the HMG. V. Request for Comments In accordance with 49 U.S.C. 31315(b), FMCSA requests public comment from all interested persons on The Trucking Alliance’s application for an exemption from 49 CFR 382.107. All comments received before the close of business on the comment closing date indicated at the beginning of this notice 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 VerDate Sep<11>2014 19:09 Aug 23, 2022 Jkt 256001 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. 2022–18257 Filed 8–23–22; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2014–0106; FMCSA– 2015–0326; FMCSA–2016–0002; FMCSA– 2020–0026] Qualification of Drivers; Exemption Applications; Hearing 52107 Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590–0001, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal Holidays. • Fax: (202) 493–2251. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation’’ portion of the SUPPLEMENTARY INFORMATION section for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, DOT, 1200 New Jersey Avenue SE, Room W64–224, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m., ET, Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Dockets Operations, (202) 366– 9826. SUPPLEMENTARY INFORMATION: Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of renewal of exemptions; request for comments. I. Public Participation FMCSA announces its decision to renew exemptions for seven individuals from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these hard of hearing and deaf individuals to continue to operate CMVs in interstate commerce. DATES: Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates provided below. Comments must be received on or before September 23, 2022. ADDRESSES: You may submit comments identified by the Federal Docket Management System Docket No. FMCSA–2014–0106, Docket No. FMCSA–2015–0326, Docket No. FMCSA–2016–0002, or Docket No. FMCSA–2020–0026 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number, FMCSA–2014–0106, FMCSA– 2015–0326, FMCSA–2016–0002, or FMCSA–2020–0026 in the keyword box, and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (Newer-Older),’’ choose the first notice listed, and click on the ‘‘Comment’’ button. Follow the online instructions for submitting comments. • Mail: Dockets Operations; U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2014–0106, Docket No. FMCSA–2015–0326, Docket No. FMCSA–2016–0002, or Docket No. FMCSA–2020–0026), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. 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 www.regulations.gov/, insert the docket number, FMCSA–2014–0106, FMCSA– 2015–0326, FMCSA–2016–0002, or FMCSA–2020–0026 in the keyword box, and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (Newer-Older),’’ choose the first notice listed, click the ‘‘Comment’’ button, and type your comment into the text box on 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 81⁄2 by 11 inches, suitable for copying and AGENCY: SUMMARY: PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 E:\FR\FM\24AUN1.SGM 24AUN1

Agencies

[Federal Register Volume 87, Number 163 (Wednesday, August 24, 2022)]
[Notices]
[Pages 52105-52107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18257]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0127]


Controlled Substances and Alcohol Use and Testing: Application 
for Exemption; The Trucking Alliance

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

[[Page 52106]]


ACTION: Notice of application for exemption; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces that it has received an application for 
exemption from The Trucking Alliance, a group comprised of the 
following motor carriers: Cargo Transporters; Dupr[eacute] Logistics 
LLC; Frozen Food Express; J.B. Hunt Transport, Inc.; KLLM Transport 
Services; Knight Transportation; Maverick Transportation LLC; 
Schneider; Swift Transportation; USXpress; and May Trucking Company. 
The Trucking Alliance applied for an exemption from the Federal Motor 
Carrier Safety Regulations (FMCSRs) ``to amend the definition of actual 
knowledge to include the employer's knowledge of a driver's positive 
hair test, which would require such results be reported to the FMCSA 
Drug and Alcohol Clearinghouse (``Clearinghouse'') and to inquiring 
carriers.'' Although FMCSA lacks the statutory authority to grant the 
Trucking Alliance's request for exemption until the Department of 
Health and Human Services has taken certain action, FMCSA requests 
public comment on the exemption application, as required by statute.

DATES: Comments must be received on or before September 23, 2022.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2022-0127 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, 
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. 
E.T., Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Each submission must include the Agency name and the docket number 
(FMCSA-2022-0127) 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., 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), DOT solicits 
comments from the public to better inform its exemption 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 
https://www.transportation.gov/privacy, the comments are searchable by 
the name of the submitter.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards, FMCSA, at (202) 366-2722 or by email at 
[email protected]. If you have questions on viewing or submitting material 
to the docket, contact Dockets Operations at (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-2022-0127), 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-2022-0127'') in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on the ``Comment'' 
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.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from 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 any safety analyses that have been 
conducted. The Agency must provide an opportunity for public comment on 
the request.
    The Agency reviews safety analyses and public comments submitted 
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). The Agency must 
publish its decision in the Federal Register (49 CFR 381.315(b)) with 
the reasons for denying or granting the application and, if granted, 
the name of the person or class of persons receiving the exemption and 
the regulatory provision from which the exemption is granted. The 
notice must specify the effective period and explain the terms and 
conditions of the exemption. The exemption may be renewed (49 CFR 
381.300(b)).

III. Applicant's Request

    The Trucking Alliance applied for ``an exemption from 49 CFR 
382.107 to amend the definition of actual knowledge to include the 
employer's knowledge of a driver's positive hair test, which would 
require such results be reported to the FMCSA Drug and Alcohol 
Clearinghouse (``Clearinghouse'') and to inquiring carriers as required 
to comply with 49 CFR 391.23.''
    A copy of The Trucking Alliance's application for exemption is 
available for review in the docket for this notice.

IV. Statutory Requirements for FMCSA's Drug and Alcohol Testing Program

    FMCSA drug and alcohol use and testing regulations are authorized 
by the Omnibus Transportation Employee Testing Act of 1991 (OTETA) 
(Pub. L. 102-143, Title V, 105 Stat. 917, at 952, codified at 49 U.S.C. 
31306). Section 31306(c)(2) requires that DOT follow the Department of 
Health and Human Services' (HHS) Mandatory Guidelines

[[Page 52107]]

for technical and scientific testing issues. Thus, while DOT has 
discretion concerning many aspects of the regulations governing testing 
in the transportation industries' regulated programs, DOT and FMCSA 
must follow the HHS Mandatory Guidelines for the laboratory standards 
and procedures used for regulated testing. Therefore, allowing the use 
of a non-DOT drug test to serve as the basis for an actual knowledge 
report under 49 CFR part 382 is contrary to OTETA.
    FMCSA notes that in section 5402(b) of the Fixing America's Surface 
Transportation Act (FAST Act) (Pub. L. 114-94, 129 Stat. 1548, codified 
at 49 U.S.C. 31306 note) (Dec. 4, 2015)), Congress required that the 
U.S. Department of Health and Human Services (HHS) ``not later than one 
year after . . . this Act, . . . issue scientific and technical 
guidelines for hair testing as a method of detecting the use of a 
controlled substance for purposes of section 31306 of title 49, United 
States Code.'' The FAST Act also amended OTETA by adding a requirement 
that FMCSA's drug and alcohol testing regulations permit the use of 
hair testing as an acceptable alternative to urine testing for pre-
employment drug testing, and for random drug testing when the driver 
was subject to pre-employment hair testing (49 U.S.C. 31306(b)(1)(B)). 
The Conference Report accompanying the FAST Act noted that ``[t]he 
FMCSA has informed the conferees, and the conferees agree that nothing 
in section 5402 authorizes the use of hair testing as an alternative to 
urine tests until the U.S. Department of Health and Human Services 
establishes federal standards for hair testing'' (emphasis added).[ 
H.R. Rep. 114-357, at 506 (Dec. 1, 2015)]
    HHS issued proposed Mandatory Guidelines for Federal Workplace Drug 
Testing Using Hair (HMG) in 2020 (85 FR 56108 (September 10, 2020)). 
However, HHS has not yet issued a final version of the HMG.

V. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on The Trucking Alliance's 
application for an exemption from 49 CFR 382.107. All comments received 
before the close of business on the comment closing date indicated at 
the beginning of this notice 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. 2022-18257 Filed 8-23-22; 8:45 am]
BILLING CODE 4910-EX-P
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