U.S. Legislative News

FMCSA Adds Four Opioids to Transportation Worker Drug Testing

On November 13, 2017, the U.S. Department of Transportation’s (DOT) Federal Motor Carrier Safety Administration (FMCSA) published a rule that adds four prescription opioids - hydrocodone, hydromorphone, oxymorphone, and oxycodone - to the DOT drug-testing panel that is used to screen safety-sensitive transportation workers, including truck drivers. The final rule is to take effect January 1, 2018.

"Inclusion of these four semi-synthetic opioids is intended to help address the nationwide epidemic of opioid abuse," DOT said in its announcement. Hydrocodone, hydromorphone, oxycodone, and oxymorphone are Schedule II controlled substances and are more commonly known as Vicodin, OxyContin, Lortab, Norco, and Dilaudid, among others. "Also, adding these four drugs, which are already tested for in many transportation employers’ non-DOT testing programs because of their widespread use and potentially impairing effect, will allow the DOT to detect a broader range of drugs being used illegally. Transportation industries are not immune to this trend and the safety issues it raises."

DOT also announced that the final rule adds the drug methylenedioxyamphetamine as an initial test analyte and removes the drug methylenedioxyethylamphetamine as a confirmatory test analyte. In addition, the rule does away with the requirement for employers and consortium/third-party administrators to submit blind specimens.

Senate Panel Advances FMCSA Nominee

On November 8, 2017, the Senate Committee on Commerce, Science and Transportation advanced the nomination of Raymond Martinez by voice vote to head the Federal Motor Carrier Safety Administration (FMCSA). During his confirmation hearing the week prior, Martinez voiced his support for electronic logging devices (ELDs), but also expressed concerns that complying with the mandate could prove difficult for small truckers. To that end, he said he’d be open to suggestions on ELD and hours-of-service exemptions.

A graduate of St. John's University School of Law and C.W. Post College of Long Island University, Martinez formerly served as Deputy U.S. Chief of Protocol during the George W. Bush Administration and held various positions in the Ronald Reagan and George H.W. Bush administrations as well. Before that, he was Commissioner of the New York State Department of Motor Vehicles. Martinez is currently the Chairman and Chief Administrator of the New Jersey Motor Vehicle Commission and a Member of the New Jersey State Planning Commission.

Martinez will now need to be confirmed by the full Senate before he can take the top post at FMCSA. This vote has not yet been scheduled.

EPA Seeks Repeal of Emission Requirements for Glider Truck Vehicles, Engines, and Kits

On November 9, 2017, the U.S. Environmental Protection Agency (EPA) issued a proposed rule that seeks to exempt the truck glider industry from the Obama Administration’s medium- and heavy-duty truck Phase 2 Greenhouse Gas Emission and Fuel Efficiency Standards. In its announcement, the EPA said that under its proposed interpretation of the Clean Air Act, it lacks the authority to regulate glider vehicles, glider engines, and gilder kits.

"The previous administration attempted to bend the rule of law and expand the reach of the federal government in a way that threatened to put an entire industry of specialized truck manufacturers out of business," said EPA Administrator Scott Pruitt in a statement. "Gliders not only provide a more affordable option for smaller owners and operators but also serve as a key economic driver to numerous rural communities."

Major trucking groups and engine manufacturers supported the 2016 rule, which was set to take full effect in January 2018. It was vehemently opposed, however, by a handful of companies that manufacture gliders and trailers.

The EPA had previously projected that the gliders sold in a single year would generate pollution over their lifetime that could result in between 350 and 1,600 premature deaths, and that the rule would generate between $1.5 billion and $11 billion in related public health benefits. In its new proposed rule, the EPA estimated that these vehicles make up less than five percent of the Class 8 heavy-duty highway truck market and did not provide any cost-benefit analysis associated with the proposal.

The agency will accept public comments on the proposal until January 5, 2018.