Yesterday, the Department of Transportation (DOT) announced the withdrawal of a direct final rule (DFR) that was initially published on June 21, 2024. This action follows the receipt of adverse comments on the DFR. In the original rule, it was stated that if adverse comments were received by June 22, 2024, the rule would not take effect and a timely withdrawal notice would be published in the Federal Register. Since adverse comments were indeed received, the DOT has now withdrawn the rule, and the provisions outlined in the DFR will not be implemented at this time.
Background of the Direct Final Rule
The DFR aimed to revise the DOT’s drug testing procedures rule, which had become effective on June 1, 2023. The revisions included several technical amendments intended to enhance the clarity and consistency of the existing procedures. Key changes proposed in the DFR included:
- Temporary Qualification Requirements for Mock Oral Fluid Monitors: These requirements were designed to ensure that monitors conducting mock oral fluid tests meet specific standards temporarily.
- Consistent Privacy Requirements: The rule aimed to clearly identify which individuals are permitted to be present during an oral fluid collection, ensuring uniform privacy standards across different testing scenarios.
- Clarifications on Oral Fluid Collection: The rule sought to specify the requirements for collectors to ensure that a sufficient volume of oral fluid is collected during the testing process.
Parallel Notice of Proposed Rulemaking (NPRM)
On the same day the DFR was published, the DOT also issued a Notice of Proposed Rulemaking (NPRM) that proposed the same changes as the DFR. The NPRM invited public comments on these proposed changes, emphasizing the importance of industry input in the regulatory process. The DOT will now review and respond to the comments received on the NPRM before taking any final action. Importantly, the DOT has stated that there will be no second comment period for this action, as the initial NPRM provided sufficient opportunity for public input.
Purpose of the Technical Amendments
The series of technical amendments proposed in the DFR and NPRM were intended to address certain omissions and clarify specific provisions in the drug testing procedures rule that became effective on June 1, 2023. These amendments were aimed at:
- Enhancing Clarity: By providing detailed guidelines and requirements, the amendments sought to eliminate ambiguities in the existing rules.
- Improving Consistency: The changes aimed to ensure uniform application of privacy requirements and other standards across different testing scenarios.
- Ensuring Effective Implementation: Clarifying the procedures for oral fluid collection was intended to facilitate accurate and reliable drug testing processes.
The DOT’s decision to withdraw from the DFR underscores the importance of public feedback in shaping regulatory actions. The comments received during the NPRM will play a crucial role in informing any final decisions on the proposed rule changes. While the immediate provisions of the DFR will not take effect, the ongoing review and response to public comments will help ensure that the final regulations are comprehensive, clear, and effective. To those who took the time to submit comments, thank you!
As the DOT continues to refine its drug testing procedures, we can expect a continued focus on enhancing safety, accuracy, and fairness in the implementation of these critical regulations. Stay tuned for further updates as the DOT moves forward with its review process.