Quiero saber acerca de...

Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations of an environmental assessment or environmental impact statement is not necessary.
List of Subjects 49 CFR Part 381
Motor carriers.
49 CFR Part 382
Administrative practice and procedure, Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor carriers, Penalties, Safety, Transportation.
49 CFR Part 383
Administrative practice and procedure, Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor carriers, Penalties, Safety, Transportation.
49 CFR Part 384
Administrative practice and procedure, Alcohol abuse, Drug abuse, Highway safety, Motor carriers.
49 CFR Part 385
Administrative practice and procedure, Highway safety, Incorporation by reference, Mexico, Motor carriers, Motor vehicle safety, Reporting and recordkeeping requirements.

PART 381WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS
1. The authority citation for part 381
continues to read as follows:

Authority: 49 U.S.C. 31136e and 31315;
and 49 CFR 1.87.

2. Amend 381.110 by revising the definition of FMCSRs to read as follows:

khammond on DSKJM1Z7X2PROD with RULES

381.110 What definitions are applicable to this part?

FMCSRs means Federal Motor Carrier Safety Regulations 49 CFR parts 380, 382, 383, and 384; 49 CFR 390.19 and 390.21; and 49 CFR parts 391 through 393, 395, 396, and 399.

15:58 Jul 06, 2021

Jkt 253001

381.200

What is a waiver?

d
1 Part 380Special Training Requirements;

4 Part 384State Compliance with Commercial Drivers License Program;

4. Amend 381.300 by:
a. Redesignating paragraphs c3
through 8 as paragraphs c5 through 10;
b. Redesignating paragraphs c1 and 2 as paragraphs c2 and 3; and c. Adding new paragraphs c1 and 4.
The additions read as follows:
What is an exemption?

49 CFR Part 391
Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor carriers, Reporting and recordkeeping requirements, Safety, Transportation.
In consideration of the foregoing, FMCSA amends 49 CFR chapter III as set forth below:

VerDate Sep<11>2014

382.103

381.300

49 CFR Part 390
Highway safety, Intermodal transportation, Motor carriers, Motor vehicle safety, Reporting and recordkeeping requirements.

3. Amend 381.200 by:
a. Redesignating paragraphs d3
through 10 as paragraphs d5
through 12;
b. Redesignating paragraphs d1 and 2 as paragraphs d2 and 3; and c. Adding new paragraphs d1 and 4.
The additions read as follows:

c
1 Part 380Special Training Requirements;

4 Part 384State Compliance with Commercial Drivers License Program;

5. Amend 381.400 by:
a. Redesignating paragraphs f3
through 8 as paragraphs f5 through 10;
b. Redesignating paragraphs f1 and 2 as paragraphs f2 and 3; and c. Adding new paragraphs f1 and 4.
The additions read as follows:
381.400

What is a pilot program?

f
1 Part 380Special Training Requirements;

4 Part 384State Compliance with Commercial Drivers License Program;

PART 382CONTROLLED
SUBSTANCES AND ALCOHOL USE
AND TESTING
6. The authority citation for part 382
continues to read as follows:

Authority: 49 U.S.C. 31133, 31136, 31301
et seq., 31502; sec. 32934, Pub. L. 112141, 126 Stat. 405, 830; and 49 CFR 1.87.

PO 00000

Frm 00045

Fmt 4700

Sfmt 4700

35639

Amended
7. In 382.103, add the word only after the word comply in paragraph d1.
8. Amend 382.121 by revising paragraphs b4i and ii to read as follows:

382.121 Employee admission of alcohol and controlled substances use.

b
4
i Prior to the employee participating in a safety sensitive function, the employee shall undergo a non-DOT
return to duty test with a result indicating an alcohol concentration of less than 0.02; and/or ii Prior to the employee participating in a safety sensitive function, the employee shall undergo a non-DOT
return to duty controlled substance test with a verified negative test result for controlled substances use; and

9. Amend 382.123 by revising paragraph b2 to read as follows:
382.123

Driver identification.

b
2 The employers name and other identifying information required in Step 1, section A of the CCF.
10. Amend 382.701 by revising paragraph d introductory text to read as follows:
382.701 Drug and Alcohol Clearinghouse.

d Prohibition. No employer may allow a driver the employer employs or intends to hire or use to perform any safety-sensitive function if the results of a Clearinghouse query demonstrate that the driver has a verified positive, adulterated, or substituted controlled substances test result; has an alcohol confirmation test with a concentration of 0.04 or higher; has refused to submit to a test in violation of 382.211; or that an employer has reported actual knowledge, as defined at 382.107, that the driver used alcohol on duty in violation of 382.205, used alcohol before duty in violation of 382.207, used alcohol following an accident in violation of 382.209, or used a controlled substance in violation of 382.213, except where a query of the Clearinghouse demonstrates:

11. Amend 382.705 by revising paragraphs b3iii and iv and b5vii to read as follows:

E:FRFM07JYR1.SGM

07JYR1