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

Larry W. Minor
Federal Motor Carrier Safety Administration
6 March 2020

[Federal Register Volume 85, Number 45 (Friday, March 6, 2020)]
[Notices]
[Pages 13229-13230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04649]



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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0101]


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

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

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

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SUMMARY: FMCSA announces that Motion Picture Compliance Solutions 
(MPCS) has applied for an exemption on behalf of its members that 
employ commercial driver's license (CDL) holders subject to drug and 
alcohol testing. Specifically, MPCS requests an 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). Under the requested exemption, MPCS 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 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 commercial motor vehicle (CMV). FMCSA requests public 
comment on MPCS's application for an exemption.

DATES: Comments must be received on or before April 6, 2020.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) 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: 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., ET, 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: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: (202) 366-4325; 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-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 comments online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2020-0101'' 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 and may grant or not grant this application 
based on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31315(b) to grant exemptions 
from certain parts of 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 any safety analyses that have been conducted. 
The Agency must also 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(a)). The decision of 
the Agency must be published 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 also specify the effective period and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

III. Background

Current Regulations

    Currently, 49 CFR 382.701(a)(2) requires that employers of CDL 
holders 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,

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provided electronically through the Clearinghouse, prior to the release 
of detailed information provided 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. 
However, a limited query 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. 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).

MPCS Exemption Application

    MPCS requests the exemption from 49 CFR 701(a)(2) on behalf of its 
members that employ CDL holders subject to drug and alcohol testing 
under 49 CFR part 382. MPCS's members employ drivers providing 
transportation services to or from theatrical, commercial, television, 
or motion picture production sites. MPCS 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 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. MPCS, 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 MPCS's application for an 
exemption from Sec.  382.701(a)(2). 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.

    Issued on: March 3, 2020.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-04649 Filed 3-5-20; 8:45 am]
BILLING CODE 4910-EX-P