[Federal Register: May 15, 2003 (Volume 68, Number 94)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2003-14911]
Exemptions From Certain Controlled Substances and Alcohol Testing
Regulations; Mayflower Transit LLC dba Aero Mayflower Transit and
United Van Lines LLC Requesting Exemptions
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
SUMMARY: This notice announces the FMCSA's receipt of an application
from Mayflower Transit LLC and United Van Lines LLC for exemptions from
certain Federal controlled substance and alcohol testing requirements.
The applicants request exemptions that would allow them to impose
controlled substance and alcohol testing on their non-CDL (commercial
driver's license) drivers using the same standards, forms and
requirements, and in the same random testing pool, as their CDL
DATES: Comments must be received on or before June 16, 2003.
ADDRESSES: Mail or hand deliver comments to the U.S. Department of
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh
Street, SW., Washington, DC 20590, or submit electronically at http://dmses.dot.gov/submit.
All comments received will be available for
examination and copying at the above address from 9 a.m. to 5 p.m.
e.t., Monday through Friday, except Federal holidays. Those desiring
notification of receipt of comments must include a self-addressed,
stamped postcard, or you may print the acknowledgment page that appears
after submitting comments electronically.
FOR FURTHER INFORMATION CONTACT: For information about the exemption
application in this notice, Ms. Kaye Kirby, Office of Bus and Truck
Standards and Operations, (202) 366-3109; for information about legal
issues related to this notice, Mr. Mike Falk, Office of the Chief
Counsel, (202) 366-1384, FMCSA, Department of Transportation, 400
Seventh Street, SW., Washington, DC 20590. Office hours are from 7:45
a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal
Section 4007 of the Transportation Equity Act for the 21st Century
(TEA-21) (Pub. L. 105-178, 112 Stat. 107, now codified at 49 U.S.C
31315 and 31136), requires FMCSA to publish a notice in the Federal
Register for each exemption requested, explain that the request has
been filed, provide the public with an opportunity to inspect the
safety analysis and any other relevant information known to the agency,
and provide an opportunity to comment on the request. Prior to granting
a request for an exemption, the agency must publish a notice in the
Federal Register identifying the person or class of persons who will
receive the exemption, the provisions from which the person will be
exempt, the effective period, and all terms and conditions of the
exemption. The terms and conditions established by FMCSA must ensure
that the exemption will likely achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved by
complying with the regulation.
On December 8, 1998, FMCSA published an interim final rule
implementing section 4007 of TEA-21 (63 FR 67600). The regulations at
49 CFR part 381 establish the procedures to be followed to request
waivers and to apply for exemptions from the Federal Motor Carrier
Safety Regulations, and the provisions used to process them.
Mayflower and United Van Lines have requested exemptions that would
allow them to impose controlled substance and alcohol testing on their
non-CDL drivers using the same standards, forms and requirements, and
in the same random testing pool as their CDL drivers.
Mayflower and United Van Lines note that for purposes of
administrative efficiency and to promote safety in their operations,
Mayflower and United Van Lines have included all of the commercial
motor vehicle drivers, including the non-CDL drivers, in the company
controlled substance and alcohol testing programs conducted under the
Department of Transportation regulations. This request for exemptions
was prompted by the results of a compliance review conducted by the
Federal Motor Carrier Safety Administration during which Mayflower was
cited for including non-CDL drivers in its controlled substances and
alcohol testing program. Consequently, Mayflower and United
Van Lines are requesting exemptions from certain controlled substance
and alcohol testing requirements specifically, 49 CFR 382.105, 49 CFR
382.305(I)(1), and 49 CFR 40.13(a), (b), (c) and (d).
Mayflower and United Van Lines propose two conditions for their
exemption that they believe would allow the FMCSA to monitor whether
they have met the required annual random testing percentage. First,
they intend to mark each driver controlled substance and alcohol
testing record with either ``CDL driver'' or ``non-CDL driver'' so that
an enforcement officer can readily determine which records are for
drivers subject to 49 CFR part 383 Commercial Driver's License
Standards; Requirements and Penalties. Secondly, they will establish a
random testing program that will test all drivers (both CDL drivers and
non-CDL drivers) for controlled substances and alcohol at an annual
rate of at least 15 percent for alcohol and at least 55 percent for
controlled substances. The applicants believe by implementing these two
conditions they will meet the minimum annual random testing percentage
while still having a single pool of drivers for random selection.
Request for Comments
In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA is
requesting public comment from all interested persons on these
exemption applications. 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 address 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,
but FMCSA may make its decision at any time after the close of the
comment period. 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.
Authority: 49 U.S.C. 31136 and 31315; and 49 CFR 1.73.
Issued on: May 9, 2003.
Pamela M. Pelcovits,
Acting Associate Administrator for Policy and Program Development.
[FR Doc. 03-12173 Filed 5-14-03; 8:45 am]