DOT proposes change to drug-testing rules

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Trucking news and briefs for Monday, Dec. 9, 2024:

DOT proposes interim change to drug-testing rules

The U.S. Department of Transportation is proposing to revise its drug testing procedures rule, which became effective on June 1, 2023, to provide interim provisions to require employers to conduct directly-observed urine tests in situations where oral fluid tests are currently required, but oral fluid testing is not yet available.

The DOT said it’s proposing the rule “to address unforeseen circumstances rendering it impossible to comply with requirements” in the rule finalized last year to allow for oral fluid drug testing. Last month, the DOT published an amended final rule addressing other issues identified in the 2023 final rule.

DOT regulations require that a collection be directly observed in certain circumstances, such as if the original sample was invalid without adequate medical explanation or the test is for a return to duty.

In the 2023 final rule, DOT required an oral fluid test to be conducted in certain circumstances where an observed collection is required. But because the U.S. Department of Health and Human Services (HHS) has not yet certified any labs for oral fluid drug testing, that has not been possible. HHS must certify at least two laboratories, one to serve as a primary lab and a second to serve as a split specimen lab, before oral fluid drug testing collection can begin.

Because oral fluid testing is not yet available, DOT is proposing to amend its final rule to require the conduct of directly observed urine collections in those circumstances for an interim period.

“We intend this provision to require directly observed urine tests in situations where an oral fluid collection is required, but is not yet available,” DOT said, “to be a temporary, short-term solution because there are currently no certified oral fluid laboratories.”

The proposed provision will sunset one year after HHS publishes a Federal Register notice that it certified the second oral fluid drug testing laboratory. DOT said it will publish a Federal Register notice itself specifying the date the second oral fluid laboratory is certified by HHS.

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If, during the interim period, a collection site is able to conduct an oral fluid collection (HHS has certified at least two oral fluid drug testing laboratories, and both a qualified oral fluid collector and a conforming oral fluid collection device are available at the collection site), an oral fluid collection would be required to be conducted.

FMCSA will accept public comments on the proposal through Jan. 8.

[Related: DOT amends oral fluid drug testing procedures]

Wreaths Across America convoy under way

The Wreaths Across America “Escort to Arlington” is kicked off Saturday, Dec. 7 -- the beginning of a week-long tour from Maine down the East Coast to Washington, D.C.

The official route, which can be viewed here, will travel down the East Coast, stopping at schools, memorials and other locations along the way to spread the year-long mission to remember the fallen, honor those who serve, and teach the next generation the value of freedom. 

Stops with public events will be held in Maine, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland and Washington D.C., before arriving at Arlington National Cemetery on the morning of Saturday, Dec. 14 -- National Wreaths Across America Day. 

For the 10th year in a row, Chevrolet has generously provided the 12 wrapped escort vehicles, including the All-Electric Silverado EV RST, to transport participating Gold Star and Blue Star family members and veterans during the week-long trip. In addition, Chevrolet has also sponsored 4,000 veterans’ wreaths for placement at Arlington National Cemetery to help honor our nation’s veterans.

The Escort to Arlington has grown to consist of 14 tractor-trailers representing Baylor Trucking, Budd Van Lines, Saia LTL (CCJ Top 250, No. 19), Schneider National (No. 6), Witte Bros. Exchange, Page ETC Transportation, Delhaize Transportation LLC (DBA Hannaford Supermarkets), American Trucking Associations -- Workforce Heroes, Cargo Transporters (No. 163), Prime Inc. (No. 16), Brown Dog Carriers, Walmart Transportation, Interstate Van Lines, and H.O. Wolding, Inc. (DBA Bison Transport USA).

Additionally, Load One Carriers (No. 159) will again serve as the ceremonial wreath transporter for the week.

These dedicated organizations and their professional drivers will haul a portion of the sponsored veterans’ wreaths designated for placement by thousands of volunteers at Arlington National Cemetery on National Wreaths Across America Day.

What began 30-plus years ago as a pilgrimage by a Maine wreath maker in a single truck to deliver 5,000 wreaths to Arlington National Cemetery as a gesture of thanks has become a year-long mission to “Remember, Honor, Teach.” 

National Wreaths Across America Day ceremonies are happening at more than 4,800 participating locations nationwide on Saturday, Dec. 14. These events are free and open to all people. 

FMCSA proposes to allow hazmat endorsement waivers for certain jet fuel haulers

A rule proposed this week by the Federal Motor Carrier Safety Administration would allow states to waive the hazardous materials (HM) endorsement requirement for Class A CDL holders who transport no more than 1,000 gallons of aviation-grade jet fuel in support of seasonal agricultural operations.

The agency said many farm operations utilize aircraft to apply pesticides or fertilizers to their crops, and agricultural aviation companies often deliver aircraft fuel to staging areas some distance from their headquarters.

“These companies, particularly in remote, rural areas, have difficulty finding CDL holders with HM endorsements to complete these deliveries,” FMCSA said.

The agency noted, however, that current regulations (49 Code of Federal Regulations 383.3(i)) provide for a waiver of the HM endorsement requirements for drivers transporting 1,000 gallons or less of diesel fuel in the CDL holder's state of domicile as an employee of four specific agriculture-related businesses.

FMCSA is now proposing to give states similar authority to waive the HM endorsement requirement for drivers hauling up to 1,000 gallons of aviation grade jet fuel (often called Jet A) in the CDL holder's state of domicile and in support of agricultural aircraft operations.

The rulemaking proposal is in response to a 2018 petition for rulemaking from the National Agricultural Aviation Association (NAAA), which FMCSA granted in December 2022.

FMCSA is requesting public comments on the proposal for 60 days through Feb. 3, 2025, which can be filed here. The agency specifically asked for comments on certain aspects of the agriculture aviation industry and the use of commercial vehicles to transport jet fuel. Specific questions from the agency can be viewed here.