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Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Notices Hand Delivery or Courier: West Building, Ground Floor, Room W12
140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. E.T., Monday through Friday, except Federal holidays.
Fax: 202 4932251.
Each submission must include the Agency name and the docket number for this notice FMCSA20200224. 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 W12140 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. To be sure someone is there to help you, please call 202 3669317 or 202 3669826 before visiting Dockets Operations.
Privacy Act: In accordance with 5
U.S.C. 553c, DOT solicits comments from the public to better inform its regulatory exemptions 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: Mr.
Richard Clemente, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; 202 3662722; MCPSD@
dot.gov. If you have questions on viewing or submitting material to the docket, contact Dockets Operations, 202 3669826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials.

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Submitting Comments If you submit a comment, please include the docket number for this notice FMCSA20200224, 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
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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, FMCSA20200224 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 812 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, selfaddressed postcard or envelope. FMCSA
will consider all comments and material received during the comment period.
II. Legal Basis FMCSA has authority under 49 U.S.C.
31136e and 31315 to grant exemptions from certain Federal Motor Carrier Safety Regulations. FMCSA must publish a notice of each exemption request in the Federal Register 49 CFR
381.315a. 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 absent the exemption 49 U.S.C 31315b1.
The decision of the Agency must be published in the Federal Register 49
CFR 381.315b 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 specify the effective period up to 5 years and explain the terms and conditions of the exemption.
The exemption may be renewed 49 CFR
381.300b.
III. Background Current Regulation Requirements Under 49 CFR 382.701a2
employers of CDL holders must not employ a driver subject to the testing requirements of 49 CFR part 382
without first conducting a preemployment full query of the
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Clearinghouse. A full query allows the employer to see any information that exists about a driver in the Clearinghouse. An employer must obtain the drivers specific consent, provided electronically through the Clearinghouse, prior to the release of detailed information provided in response to the full query.
A limited query is permitted to satisfy the annual query requirement in 49 CFR
382.701b1, which pertains to currently employed drivers. The limited query, conducted after obtaining the drivers general consent, will tell the employer whether information about the individual driver exists in the Clearinghouse but will not release that information to the employer. General consent 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 drivers specific consent, within 24
hours, as required by 49 CFR
382.701b3.
Applicants Request FirstGroup requests an exemption from the rule prohibiting an employer from employing a driver subject to drug and alcohol testing requirements to perform safety-sensitive functions without first conducting a full query of the Clearinghouse. Under the requested exemption, FirstGroup would, in lieu of a full query, conduct a limited preemployment query of the Clearinghouse before one of its members employed a driver. If the limited query indicated that information about the driver exists in the Clearinghouse, FirstGroup would then conduct a full query of the Clearinghouse, with the driver applicant providing consent in the Clearinghouse as required. In addition, FirstGroup would conduct a second limited query within 30 to 35 days of the initial query, would conduct quarterly limited queries on all its CDL drivers for the first year of the exemption, and for years 2
through 5, would conduct semi-annual limited queries on all its CDL drivers.
FirstGroup believes the requirements of 49 CFR 382.701a2 is hindering its ability to hire at the speed and level needed to keep pace with the demands of the contracted school and transit transportation industry. FirstGroup also believes the exemption is needed since the delays and administrative costs related to conducting a full query during FirstGroups driver hiring process is resulting in hundreds of thousands of dollars of increased costs.

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