Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration's Categorical Exclusions (opens in new tab)Categorical Exclusion
(6) Establishing the Following Types of Regulations
Exclusion Text
(r) Regulations implementing employer controlled substances and alcohol use and testing procedures designed to prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles who: 1. Operate a commercial motor vehicle (as defined in 49 CFR 382.107) in commerce in any State; and 2. Are required by 49 CFR part 383 to possess a commercial driver's license (CDL). 3. Examples of the topics covered include rules prescribing activities for: A. Pre-employment controlled substances test requirements; B. Random, post accident, reasonable suspicion, return to duty and follow-up alcohol and controlled substances testing procedures for employers and employees; C. Random testing rates, D. Requirements for drivers to report immediately to a specimen collection site; and E. An action required by employers if an employee has a positive test result, and recordkeeping.
Disclaimer
This CE Explorer tool is not an authoritative source and creates no rights or obligations. When using the CE Explorer Tool, Federal agencies and stakeholders should review the relevant agency's NEPA procedures for information about how to apply the CE, including any limitations or potential extraordinary circumstances, and to ensure that a CE is current and applicable to a given proposed action. For ease of use, a link to each agency's NEPA procedures and CEs is provided along with the text of the CE. To adopt and use another agency's categorical exclusion, an agency must follow the steps described in section 109 of NEPA, 42 U.S.C. 4336c.
