Procedures for Transportation Workplace Drug and Alcohol Testing Programs

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Transportation Office of the Secretary 49 CFR Part 40 [Docket DOT-OST-2021-0093] RIN 2105-AF28 AGENCY: Office of the Secretary, Department of Transportation (Department or DOT). ACTION: Supplemental notice of proposed rulemaking. SUMMARY: This action supplements an earlier notice of proposed rulemaking (NPRM) that DOT published on December 9, 2024. This supplemental proposal would update terminology in DOT's drug and alcohol testing regulations consistent with Executive Order 14168 ( E.O. 14168 ), Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government . DOT continues to propose a provision to require a directly observed urine collection in situations where oral fluid tests are currently required, but oral fluid testing is not yet available. DATES: Comments on this notice of proposed rulemaking should be submitted by November 15, 2025. ( printed page 47287) FOR FURTHER INFORMATION CONTACT: Bohdan Baczara, Deputy Director, Office of Drug and Alcohol Policy and Compliance, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone number 202-366-3784; ODAPCwebmail@dot.gov . SUPPLEMENTARY INFORMATION: I. Purpose DOT is issuing this supplemental notice of proposed rulemaking (SNPRM) following issuance of a 2024 notice of proposed rulemaking (NPRM) to amend its drug testing procedures rule. ( See 89 FR 97579 .) The NPRM proposed an interim provision to require the conduct of directly observed urine tests in the limited …