Controlled Substances and Alcohol Use and Testing: DISA Entertainment Compliance Solutions Application for Exemption From the Drug and Alcohol Clearinghouse Pre-Employment Full-Query, 13654-13655 [2025-05021]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 90, Number 56 (Tuesday, March 25, 2025)]
[Notices]
[Pages 13654-13655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05021]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0101]


Controlled Substances and Alcohol Use and Testing: DISA 
Entertainment Compliance Solutions Application for Exemption From the 
Drug and Alcohol Clearinghouse Pre-Employment Full-Query

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

ACTION: Notice of application for renewal of exemption.

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SUMMARY: FMCSA announces that it has received an application from DISA 
Entertainment Compliance Solutions (DECS), formerly known as Motion 
Picture Compliance Solutions, to renew its exemption from the 
requirement that an employer must not employ a driver who is subject to 
drug and alcohol testing to perform safety-sensitive functions prior to 
conducting a full query of the Drug and Alcohol Clearinghouse 
(Clearinghouse) on behalf of its members that employ commercial 
driver's license (CDL) holders. Under the requested exemption, DECS 
would conduct a limited query of the Clearinghouse before one of its 
member employers hires a driver for a project. If the limited query 
indicates that information about the driver exist in the Clearinghouse, 
the driver would not be permitted to perform safety-sensitive functions 
unless and until a full query subsequently shows that the driver is not 
prohibited from operating a commercial motor vehicle (CMV). FMCSA 
requests public comment on DECS' application for an exemption.

DATES: Comments must be received on or before April 24, 2025.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2020-0101 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
1200 New Jersey Avenue SE, Washington, DC 20590-0001 between 9 a.m. and 
5 p.m. E.T., Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Each submission must include the Agency name and the docket number 
for this notice (FMCSA-2020-0101). Note that DOT posts all comments 
received without change to www.regulations.gov, including any personal 
information included in a comment. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit the ground 
level of the U.S. Department of Transportation, West Building, at 1200 
New Jersey Avenue SE, Washington, DC 20590-0001 between 9 a.m. and 5 
p.m., ET, Monday through Friday, except Federal holidays. To be sure 
someone is there to help you, please call (202) 366-9317 or (202) 366-
9826 before visiting Dockets Operations.
    Privacy Act: In accordance with 49 U.S.C. 31315(b)(6), DOT solicits 
comments from the public on the exemption renewal request. DOT posts 
these comments, including any personal information the commenter 
provides, to www.regulations.gov, as described in the system of records 
notice (DOT/ALL-14 FDMS), which can be reviewed under the ``Department 
Wide System of Records Notices'' at www.dot.gov/privacy/privacy-act-system-records-notices. The comments are searchable by the name of the 
submitter and are posted without edit.

FOR FURTHER INFORMATION CONTACT: Pearlie Robinson, Driver and Carrier 
Operations Division; Office of Carrier, Driver and Vehicle Safety 
Standards; FMCSA; (202) 366-4225; [email protected]. If you have 
questions on viewing or submitting material to the docket, contact 
Dockets Operations, (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2020-0101), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so the Agency can contact you if it has questions 
regarding your submission.
    To submit your comment online, go to www.regulations.gov, insert 
the docket number (FMCSA-2020-0101) in keyword box, and click on this 
notice, click ``Comment,'' and type your comment into the text box on 
the following screen.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing.
    FMCSA will consider all comments and material received during the 
comment period. Comments received after the comment closing date will 
be filed in the public docket and will be considered to the extent 
practicable.

B. Confidential Business Information (CBI)

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. 
If your comments responsive to the notice contain commercial or 
financial information that is customarily treated as private, that you 
actually treat as private, and that is relevant or responsive to the 
notice, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission that 
constitutes CBI as ``PROPIN'' to indicate it contains proprietary 
information. FMCSA will treat such marked submissions as confidential 
under the Freedom of Information Act, and they will not be placed in 
the public docket of the

[[Page 13655]]

notice. Submissions containing CBI should be sent to Brian Dahlin, 
Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200 
New Jersey Avenue SE, Washington, DC 20590-0001 or via email at 
[email protected]. At this time, you need not send a duplicate 
hardcopy of your electronic CBI submissions to FMCSA headquarters. Any 
comments FMCSA receives not specifically designated as CBI will be 
placed in the public docket for this notice.

C. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble as being available in the docket, go to https://www.regulations.gov insert FMCSA-2020-0101 in the keyword box, select 
the document tab and choose the document to review. To view comments, 
click this notice, then click ``Browse Comments.'' If you do not have 
access to the internet, you may view the docket online by visiting 
Docket Operations on the ground floor of the DOT West Building, 1200 
New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 
p.m., ET Monday through Friday, except Federal holidays. To be sure 
someone is there to help you, please call (202) 366-9317 or (202) 366-
9826 before visiting Dockets Operations.

D. Privacy

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its regulatory process. DOT posts these 
comments, including any personal information the commenter provides, to 
www.regulations.gov, as described in the system of records notice DOT/
ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed 
under the ``Department Wide System of Records Notices'' at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments are posted without edit and are searchable by the 
name of the submitter.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from the Federal Motor Carrier Safety Regulations (FMCSRs). 
FMCSA must publish a notice of each exemption request in the Federal 
Register (49 CFR 381.315(a)). The Agency must provide the public an 
opportunity to inspect the information relevant to the application, 
including the applicant's safety analyses. The Agency must also provide 
an opportunity for public comment on the request.
    The Agency reviews the safety analyses and the public comments and 
determines whether granting the exemption would likely achieve a level 
of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305(a)). The Agency must 
publish the decision in the Federal Register (49 CFR 381.315(b)). If 
granted, the notice will identify the regulatory provision from which 
the applicant will be exempt and the effective period and will explain 
all terms and conditions of the exemption (49 CFR 381.315(c)(1)). If 
the exemption is denied, the notice will explain the reason for the 
denial (49 CFR 381.315(c)(2)). The exemption may be renewed (49 CFR 
381.300(b)).

III. Background

Current Regulatory Requirements

    Currently, 49 CFR 382.701(a)(2) requires that employers must not 
employ a driver subject to the testing requirements of 49 CFR part 382 
without first conducting a pre-employment full query of the 
Clearinghouse. A full query allows the employer to see any information 
that exists about a driver in the Clearinghouse. An employer must 
obtain the driver's specific consent, provided electronically through 
the Clearinghouse, prior to the release of detailed information in 
response to the full query.
    By contrast, a limited query allows an employer to determine 
whether the Clearinghouse contains any information about the driver but 
does not release any specific information about the driver. Limited 
queries require only a driver's general consent, which is obtained and 
retained outside the Clearinghouse and may be in written or electronic 
form. Under 49 CFR 382.701(b)(2), an employer may conduct a limited 
query in lieu of a full query when satisfying the annual query 
requirement for current driver-employees. However, if the response to a 
limited query indicates there is information about the driver in the 
Clearinghouse, the employer must conduct a full query, after obtaining 
the driver's specific consent, within 24 hours, as required by 49 CFR 
382.701(b)(3). If the full query is not conducted within the 24-hour 
period, or shows that the driver is prohibited from operating a CMV, 
the employer must not permit the driver to continue to perform safety-
sensitive functions.
    On February 4, 2020, in response to a request from DECS, FMCSA 
issued DECS a three-month waiver from 49 CFR 382.701(a)(2) on behalf of 
its members that employ CDL holders subject to drug and alcohol testing 
under 49 CFR part 382. On June 1, 2020, FMCSA granted DECS a five-year 
exemption from 49 CFR 382.701(a)(2), which indicates that DECS would 
likely achieve a level of safety obtained by complying with the 
regulation (85 FR 33274). The exemption will expire on May 28, 2025.

Application for Renewal of Exemption

    DECS has requested an additional five-year renewal of its exemption 
from 49 CFR 382.701(a)(2) on behalf of its members that employ CDL 
holders subject to drug and alcohol testing under 49 CFR part 382. 
DECS' members employ drivers providing transportation services to or 
from theatrical, commercial, television, or motion picture production 
sites. Renewal of the exemption would allow DECS to continue to conduct 
a limited query of the Clearinghouse before one of its member employers 
hires a driver for a project. If the limited query indicates that 
information about the driver exists in the Clearinghouse, the driver 
would not be permitted to perform safety-sensitive functions unless and 
until a full query subsequently shows that the driver is not prohibited 
from operating a CMV. DECS, serving as a Consortium/Third-party 
Administrator (C/TPA) for its member employers, requests, obtains, and 
retains limited query general consent forms from drivers. A copy of the 
exemption application is included in the docket referenced at the 
beginning of this notice.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on DECS' application for an 
exemption renewal. All comments received before the close of business 
on the comment closing date will be considered and will be available 
for examination in the docket at the location listed under the 
Addresses section of this notice. Comments received after the comment 
closing date will be filed in the public docket and will be considered 
to the extent practicable. In addition to late comments, FMCSA will 
also continue to file, in the public docket, relevant information that 
becomes available after the comment closing date. Interested persons 
should continue to examine the public docket for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2025-05021 Filed 3-24-25; 8:45 am]
BILLING CODE 4910-EX-P