Drug and Alcohol Clearinghouse Requirements; Driver Qualification Requirements: Waste Management Holdings, Inc. Application for Exemption, 68024-68025 [2024-18781]
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Federal Register / Vol. 89, No. 163 / Thursday, August 22, 2024 / Notices
I. Background
The U.S. Department of
Transportation created the Commercial
Space Transportation Advisory
Committee under the Federal Advisory
Committee Act (FACA) in accordance
with Public Law 92–463. Since its
inception, industry-led COMSTAC has
provided information, advice, and
recommendations to the U.S.
Department of Transportation through
the FAA regarding technology, business,
and policy issues relevant to oversight
of the U.S. commercial space
transportation sector.
• Welcome Remarks
Æ Designated Federal Officer
Æ COMSTAC Chair and Vice Chair
Æ Associate Administrator for AST
• COMSTAC discussion on taskings
• FAA briefing on addressing
COMSTAC recommendations
• Around the table discussions
• Public Comment Period
• Closing Comments
• Adjournment
ddrumheller on DSK120RN23PROD with NOTICES1
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Drug and Alcohol Clearinghouse
Requirements; Driver Qualification
Requirements: Waste Management
Holdings, Inc. Application for
Exemption
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
The meeting listed in this notice will
be open to the public per 41 CFR 102–
3.150(a) meeting notice requirements,
both in-person and virtually. Please see
the website no later than five working
days before the meeting for details on
viewing the meeting on YouTube.
If you are in need of assistance or
require a reasonable accommodation for
this meeting, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section at least 10 calendar
days before the meeting. The FAA can
make sign and oral interpretation
available if it is requested 10 calendar
days before the meeting.
Interested members of the public may
submit relevant written statements for
the COMSTAC members to consider
under the advisory process. Statements
may concern the issues and agenda
items mentioned above and/or
additional issues that may be relevant to
the U.S. commercial space
transportation industry. Interested
parties wishing to submit written
statements should contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section in writing (mail or
email) by September 11, 2024, so that
the information is available to
COMSTAC members for their review
and consideration before the meeting.
Written statements should be in the
following formats: one hard copy with
original signature and/or one electronic
copy via email. The preference for email
submissions is Portable Document
Jkt 262001
[FR Doc. 2024–18822 Filed 8–21–24; 8:45 am]
[Docket No. FMCSA–2024–0200]
III. Public Participation
17:28 Aug 21, 2024
Issued in Washington, DC.
Brian A. Verna,
Designated Federal Officer, Commercial
Space Transportation Advisory Committee,
Federal Aviation Administration, Department
of Transportation.
Federal Motor Carrier Safety
Administration
II. Proposed Agenda
VerDate Sep<11>2014
Format (PDF) attachments. A detailed
agenda will be posted on the FAA
website at https://www.faa.gov/space/
additional_information/comstac/.
FMCSA announces that it has
received an application from Waste
Management Holdings, Inc. (WMH), for
an exemption from certain driver
qualification requirements and drug and
alcohol clearinghouse regulations when
its drivers are transferred among two or
more WMH carriers with different
USDOT numbers. The requested
exemption would remove the
administrative burden of requalifying
already-qualified drivers every time
they are reassigned among related WMH
motor carrier affiliates. FMCSA requests
public comments on WMH’s application
for an exemption.
DATES: Comments must be received on
or before September 23, 2024.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System Number FMCSA–
2024–0200 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, 1200 New
Jersey Avenue SE, Washington, DC,
between 9 a.m. and 5 p.m. E.T., Monday
through Friday, except Federal holidays.
SUMMARY:
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
• Fax: (202) 493–2251.
Each submission must include the
Agency name and the docket number
(FMCSA–2024–0200 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: If you do not have access to
the internet, you may view the docket
by visiting Docket Operations on the
ground floor of the DOT West Building,
1200 New Jersey Avenue SE,
Washington, DC 20590, 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, 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 posted without edit
and are searchable by the name of the
submitter.
FOR FURTHER INFORMATION CONTACT: Ms.
Pearlie Robinson, Driver and Carrier
Operations Division; Office of Carrier,
Driver and Vehicle Safety Standards,
FMCSA; (202) 366–4225; or
pearlie.robinson@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–2024–0200), indicate
the specific section of this document to
which the comment applies, and
provide a reason for your 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.
E:\FR\FM\22AUN1.SGM
22AUN1
ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 163 / Thursday, August 22, 2024 / Notices
To submit your comment online, go to
www.regulations.gov and put the docket
number ‘‘FMCSA–2024–0200’’ 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
copying and electronic filing.
exemption would likely maintain 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 its decision in
the Federal Register (49 CFR
381.315(b)). If granted, the notice will
identify the regulatory provision(s) from
which the applicant will be exempt, the
effective period, and all terms and
conditions of the exemption (49 CFR
381.315(c)(1)). If the exemption is
denied, the notice will explain the
reasons for the denial (49 CFR
381.315(c)(2)).
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
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 brian.g.dahlin@
dot.gov. 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.
III. Applicant’s Request
WMH is seeking an exemption from
certain driver qualification requirements
in 49 CFR part 391 and from the query
requirements of the drug and alcohol
clearinghouse rules in 49 CFR part 382.
The exemption would apply to drivers
transferred among two or more of
WMH’s affiliated carriers with different
USDOT numbers.
WMH reports that it has been
providing residential and commercial
trash and recycling collection and waste
disposal services to millions of
customers throughout the country for 50
years. To perform these services, WMH
employs tens of thousands of
commercial motor vehicle drivers
among its affiliates, which operate
under 83 USDOT numbers. It has
centralized USDOT compliance efforts
across all its related carriers under its
Employment Screening Program (ESP).
Critical compliance processes and
documents are managed through
centralized information technology
systems. WMH states that this system
provides WMH unmatched compliancerelated visibility across all related
entities.
WMH asserts that the existing driver
qualification and drug and alcohol
testing rules fail to contemplate the
types of intercompany driver transfers
that WMH’s operations necessitate,
leading to severe administrative
inefficiencies, record duplication, and
an inability to respond timely to surges
in demand for waste removal, which
often occur following natural disasters,
public health emergencies (such as the
recent COVID pandemic), mass
gatherings or events, infrastructure
failures, community clean-up efforts,
industrial accidents or spills, or regional
disruptions.
The time the driver works for the
transferee carrier varies by circumstance
but is rarely less than seven (7) days.
Accordingly, WMH is unable to take
advantage of the driver qualification
exemption in 49 CFR 391.65. WMH
must therefore require transferred
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315(b) to grant
exemptions from 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 provide an
opportunity for public comment on the
request.
The Agency reviews safety analyses
and public comments submitted and
determines whether granting the
VerDate Sep<11>2014
17:28 Aug 21, 2024
Jkt 262001
PO 00000
Frm 00097
Fmt 4703
Sfmt 9990
68025
drivers to complete new employment
applications, contact previous
employers, run new motor vehicle
records, query the drug and alcohol
clearinghouse, analyze whether preemployment drug testing is necessary
and perform testing if required, and
create new qualification files, all of
which can take several days to complete
and may delay or deter the transfer.
WMH contends that it maintains an
equivalent level of visibility into the
drug/alcohol clearinghouse status of all
drivers across its entire organization.
This is achieved through the
centralization of its driver qualification
and drug/alcohol testing processes,
policies, and documents under its ESP
Department across all its affiliated
carriers. If granted, the requested
exemptions would remove the burden of
administrative processes required by the
regulations and allow WMH the ability
to move drivers among related motor
carrier affiliates without having to
requalify them.
A copy of the exemption application
is available for review in the docket for
this notice.
IV. Request for Comments
In accordance with 49 U.S.C.
31315(b), FMCSA requests public
comment from all interested persons on
WMH’s application for an exemption
from the driver qualification
requirements in 49 CFR part 391 and the
drug and alcohol clearinghouse query
requirements in 49 CFR part 382. 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. 2024–18781 Filed 8–21–24; 8:45 am]
BILLING CODE 4910–EX–P
E:\FR\FM\22AUN1.SGM
22AUN1
]]>Agencies
[Federal Register Volume 89, Number 163 (Thursday, August 22, 2024)]
[Notices]
[Pages 68024-68025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18781]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0200]
Drug and Alcohol Clearinghouse Requirements; Driver Qualification
Requirements: Waste Management Holdings, Inc. Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces that it has received an application from Waste
Management Holdings, Inc. (WMH), for an exemption from certain driver
qualification requirements and drug and alcohol clearinghouse
regulations when its drivers are transferred among two or more WMH
carriers with different USDOT numbers. The requested exemption would
remove the administrative burden of requalifying already-qualified
drivers every time they are reassigned among related WMH motor carrier
affiliates. FMCSA requests public comments on WMH's application for an
exemption.
DATES: Comments must be received on or before September 23, 2024.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2024-0200 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,
1200 New Jersey Avenue SE, Washington, DC, 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-2024-0200 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: If you do not have access to the internet, you may view the
docket by visiting Docket Operations on the ground floor of the DOT
West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, 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, 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 posted without edit
and are searchable by the name of the submitter.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA; (202) 366-4225; or [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-2024-0200), indicate the specific section of this
document to which the comment applies, and provide a reason for your
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.
[[Page 68025]]
To submit your comment online, go to www.regulations.gov and put
the docket number ``FMCSA-2024-0200'' 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.
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 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.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from 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 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 maintain 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 its decision in the Federal Register (49 CFR 381.315(b)). If
granted, the notice will identify the regulatory provision(s) from
which the applicant will be exempt, the effective period, and all terms
and conditions of the exemption (49 CFR 381.315(c)(1)). If the
exemption is denied, the notice will explain the reasons for the denial
(49 CFR 381.315(c)(2)).
III. Applicant's Request
WMH is seeking an exemption from certain driver qualification
requirements in 49 CFR part 391 and from the query requirements of the
drug and alcohol clearinghouse rules in 49 CFR part 382. The exemption
would apply to drivers transferred among two or more of WMH's
affiliated carriers with different USDOT numbers.
WMH reports that it has been providing residential and commercial
trash and recycling collection and waste disposal services to millions
of customers throughout the country for 50 years. To perform these
services, WMH employs tens of thousands of commercial motor vehicle
drivers among its affiliates, which operate under 83 USDOT numbers. It
has centralized USDOT compliance efforts across all its related
carriers under its Employment Screening Program (ESP). Critical
compliance processes and documents are managed through centralized
information technology systems. WMH states that this system provides
WMH unmatched compliance-related visibility across all related
entities.
WMH asserts that the existing driver qualification and drug and
alcohol testing rules fail to contemplate the types of intercompany
driver transfers that WMH's operations necessitate, leading to severe
administrative inefficiencies, record duplication, and an inability to
respond timely to surges in demand for waste removal, which often occur
following natural disasters, public health emergencies (such as the
recent COVID pandemic), mass gatherings or events, infrastructure
failures, community clean-up efforts, industrial accidents or spills,
or regional disruptions.
The time the driver works for the transferee carrier varies by
circumstance but is rarely less than seven (7) days. Accordingly, WMH
is unable to take advantage of the driver qualification exemption in 49
CFR 391.65. WMH must therefore require transferred drivers to complete
new employment applications, contact previous employers, run new motor
vehicle records, query the drug and alcohol clearinghouse, analyze
whether pre-employment drug testing is necessary and perform testing if
required, and create new qualification files, all of which can take
several days to complete and may delay or deter the transfer.
WMH contends that it maintains an equivalent level of visibility
into the drug/alcohol clearinghouse status of all drivers across its
entire organization. This is achieved through the centralization of its
driver qualification and drug/alcohol testing processes, policies, and
documents under its ESP Department across all its affiliated carriers.
If granted, the requested exemptions would remove the burden of
administrative processes required by the regulations and allow WMH the
ability to move drivers among related motor carrier affiliates without
having to requalify them.
A copy of the exemption application is available for review in the
docket for this notice.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on WMH's application for an
exemption from the driver qualification requirements in 49 CFR part 391
and the drug and alcohol clearinghouse query requirements in 49 CFR
part 382. 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. 2024-18781 Filed 8-21-24; 8:45 am]
BILLING CODE 4910-EX-P
