Controlled Substances and Alcohol Use and Testing: J.B. Hunt Transport, Inc., Schneider National Carriers, Inc., Werner Enterprises, Inc., Knight Transportation, Inc., Dupre Logistics, Inc. and Maveric Transportation, LLC Application for Exemption

Larry W. Minor
Federal Motor Carrier Safety Administration
24 February 2017

[Federal Register Volume 82, Number 36 (Friday, February 24, 2017)]
[Notices]
[Pages 11692-11693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03720]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0002]


Controlled Substances and Alcohol Use and Testing: J.B. Hunt 
Transport, Inc., Schneider National Carriers, Inc., Werner Enterprises, 
Inc., Knight Transportation, Inc., Dupre Logistics, Inc. and Maveric 
Transportation, LLC Application for Exemption

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

ACTION: Notice of application for exemption; re-opening of comment 
period.

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SUMMARY: FMCSA re-opens the public comment period for the Agency's 
January 19, 2017, notice announcing the application for exemption from 
J.B. Hunt Transport, Inc. (J.B. Hunt), Schneider National Carriers, 
Inc. (Schneider), Werner Enterprises, Inc. (Werner), Knight 
Transportation, Inc. (Knight), Dupre Logistics, Inc. (Dupree), and 
Maveric Transportation, LLC (Maverick) to allow hair analysis in lieu 
of urine testing for pre-employment controlled substances testing of 
commercial driver's license (CDL) holders. On January 23, 2017, the 
American Federation of Labor and Congress of Industrial Organizations' 
(AFL-CIO) Transportation Trades Department requested a 60-day extension 
of the comment period. On February 7, 2017, the International 
Brotherhood of Teamsters requested a 60-day extension of the comment 
period. The Agency re-opens and extends the deadline for the submission 
of public comments.

DATES: FMCSA re-opens and extends the comment period for the notice of 
application for exemption published on January 19, 2017. You must 
submit comments by April 25, 2017.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2017-0002 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: Docket Management Facility, 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. 
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
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., Monday through Friday, 
except Federal holidays. The on-line FDMS is available 24 hours each 
day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking 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 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, contact Mr. Thomas Yager, Chief, FMCSA Driver and Carrier 
Operations Division; Office of Carrier, Driver and Vehicle Safety 
Standards; Telephone: (614) 942-6477. Email: MCPSD@dot.gov. If you have 
questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (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-2017-0002), 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-2017-0002'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' 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 before determining whether to grant this 
application.

II. Background

    On January 19, 2017 (82 FR 6688), FMCSA published a notice of 
application for exemption from J.B. Hunt, Schneider, Werner, Knight, 
Dupre, and Maveric (Applicants). Applicants requested an exemption from 
49 CFR 382.105 and 382.301 with specific authorization for obtaining 
and releasing hair test results to comply with 49 CFR 391.23, 
Investigations and inquiries. Under the exemption, Applicants would 
conduct pre-

[[Page 11693]]

employment tests using hair analysis only, rather than hair analysis in 
addition to urine testing, and individuals with negative test results 
would be permitted to perform safety-sensitive functions for the 
employer Applicants. Individuals testing positive would not be allowed 
to perform safety-sensitive functions until the driver completes the 
return-to-duty process under Subpart O of 49 CFR part 40. In addition, 
the Applicants would share the positive hair testing results with 
prospective employers in response to safety performance inquiries 
required by 49 CFR 391.23.
    The Applicant carriers that would be covered by the exemption, if 
granted, already use hair analysis as a method for pre-employment 
controlled substances testing of drivers on a voluntary basis. However, 
they also conduct urine testing for drugs because it is the only 
screening method accepted under the Department's regulations. The 
Applicants view their use of multiple screening methods as an 
unnecessary and redundant financial burden. Also, the Applicants 
consider urine testing to be less effective in pre-employment screening 
for drugs than hair analysis.
    A copy of the exemption application and all supporting documents 
submitted by the Applicants is available for review in the docket 
referenced at the beginning of this notice.

Requests for Extension of the Comment Period

    On January 23, 2017, the AFL-CIO's Transportation Trades Department 
requested that the Agency provide a 60-day extension of the comment 
period. The International Brotherhood of Teamsters requested a 60-day 
extension of the comment period on February 7, 2017. A copy of each 
request is in the docket identified at the beginning of this notice.
    FMCSA acknowledges the Transportation Trades Department's and the 
International Brotherhood of Teamsters' concerns. After reviewing the 
requests, FMCSA hereby grants a 60-day re-opening of the comment period 
to April 25, 2017, to provide all interested parties additional time to 
respond to the notice of application for exemption.

    Issued on: February 21, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-03720 Filed 2-23-17; 8:45 am]
 BILLING CODE 4910-EX-P