Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Notices 51887 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: July 24, 2007. 

Description: Application of Thomas 

Cook Airlines UK Limited, (‘‘Thomas 

Cook UK’’) requesting a foreign air 

carrier permit so that Thomas Cook UK 

will be able to exercise new rights made 

available to European air carriers 

pursuant to the Air Transport 

Agreement between the United States 

and the European Community and the 

Member States of the European Union 

(US–EC Agreement). Thomas Cook UK 

also requests an amendment to its 

existing exemption to the extent 

necessary to enable it to provide the 

services covered by this application 

while the Department evaluates Thomas 

Cook UK’s application for a foreign air 

carrier permit. 

Docket Number: OST–2007–27060. 

Date Filed: July 5, 2007. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: July 25, 2007. 

Description: Application of Zoom 

Airlines Limited (‘‘Zoom’’), requesting 

amendment no. 2 to its application for 

a foreign air carrier permit and an 

exemption to conduct: (i) Foreign 

scheduled and charter air transportation 

of persons, property and mail from any 

point(s) behind any Member State(s) of 

the European Community via any 

point(s) in any Member State(s) and 

intermediate points to any point(s) in 

the United States and beyond; (ii) 

foreign scheduled and charter air 

transportation of persons, property and 

mail between any point(s) in the United 

States and any point(s) in any member 

of the European Common Aviation 

Area; (iii) foreign scheduled and charter 

cargo air transportation between any 

point(s) in the United States and any 

other points(s); (iv) other charters 

pursuant Part 212; and (v) 

transportation authorized by any 

additional route or other right(s) made 

available to European Community 

carriers in the future. 

Docket Number: OST–2007–28705. 

Date Filed: July 6, 2007. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: July 27, 2007. 

Description: Application of Virgin 

Blue International Airlines Pty Ltd 

(‘‘VBIA’’), requesting a foreign air carrier 

permit and an exemption in order to 

engage in scheduled foreign air 

transportation of persons, property and 

mail between the United States and 

Australia to the full extent authorized 

by the Air Transport Agreement 

between the United States of the 

America and the Government of the 

Commonwealth of Australia (‘‘the USAustralia Agreement’’). VBIA also 

requests authority to engage in charter 

trips in foreign air transportation and 

other charters. 

Renee V. Wright, 

Program Manager, Docket Operations, 

Federal Register Liaison. 

[FR Doc. E7–17848 Filed 9–10–07; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Informational Notice Regarding Certain 

Substituted Specimens 

AGENCY: Office of the Secretary, U.S. 

Department of Transportation. 

SUMMARY: The Office of Drug and 

Alcohol Policy and Compliance 

(ODAPC) is taking action to rectify what 

may be a mischaracterization of some 

test results as being substituted 

specimens. In appropriate cases, 

ODAPC will reconsider the employee’s 

original refusal result, when reported 

from September 1998 through May 

2003, and based upon a ‘‘substitution’’

finding in a given numerical range. 

FOR FURTHER INFORMATION CONTACT: 

Mark Snider, U.S. Department of 

Transportation, Office of the Secretary, 

Office of Drug and Alcohol Policy and 

Compliance, 1200 New Jersey Avenue, 

SE., Washington, DC 20590; or 

Telephone (202) 366–3784; or E-mail 

mark.snider@dot.gov. 

SUPPLEMENTARY INFORMATION: In 

September 1998, Department of Health 

and Human Services (HHS) issued 

guidance (Program Document 035; 

September 28, 1998), for laboratories to 

determine when to report a urine 

specimen to the Medical Review Officer 

(MRO) as substituted. Under this 

guidance, a substituted specimen must 

have had a creatinine level of 5 mg/dL 

or less and a specific gravity less than 

or equal to 1.001 or greater than or equal 

to 1.020. 

On the same date—September 28, 

1998—ODAPC issued a memorandum to 

MROs as a companion piece to HHS’s 

PD 035. In its memorandum, ODAPC 

instructed MROs to consider laboratory 

reported substituted results as refusals 

to test. There were no provisions for 

MRO review of substituted laboratory 

results. 

The Department of Transportation 

amended part 40 (65 FR 79462), 

effective January 18, 2001, to put into 

practice, among other things, 

procedures for MRO review of 

substituted specimens. The amendment 

held that employees could show MROs 

that they had medical reasons for 

producing the result and present 

evidence that they could naturally 

produce specimens meeting the HHS 

criteria for substituted specimens. 

MROs could cancel a ‘‘substituted’’

result in these circumstances. 

In May 2003, in response to scientific 

information that suggested that some 

people could naturally produce urine 

with creatinine in the 2 to 5 mg/dL 

range, the Department of Transportation 

issued an interim final rule (68 FR 

31624; May 28, 2003) directing MROs 

not to treat these results as substituted, 

but as negative-dilute. Unlike part 40 

procedures with other negative-dilute 

results however, MROs were instructed 

to direct the employer to have the 

employee return to the collection site 

for a directly observed collection with 

no prior notice. The result of the 

observed collection would be the result 

of the record for the entire testing event. 

HHS revised its Mandatory 

Guidelines with an effective date of 

November 1, 2004 (69 FR 19659; April 

13, 2004). Among the revisions 

contained in the HHS Guidelines was 

the requirement that laboratories modify 

substituted specimen criteria. Under the 

revised HHS Guidelines, there were, 

and are, no specimens with creatinine 

levels greater than or equal to 2 mg/dL 

being reported by laboratories as 

substituted. 

Substituted results with creatinine in 

the 2 to 5 mg/dL range occurring 

between September 1998 and May 2003 

were, according to the valid regulations 

in effect at that time, properly 

interpreted as refusals to test. However, 

in the interest of fairness the 

Department of Transportation is 

providing to individuals with such 

results the opportunity to have their 

drug test result reconsidered. If an 

employee’s substituted drug test result 

is reconsidered, employers will be 

instructed not to report the substituted 

result to other DOT regulated employers 

requesting the employee’s drug and 

alcohol testing history as required in 49 

CFR part 40.25. 

The Department of Transportation is 

issuing this notice to set forth the 

procedures for such reconsideration. 

According to the notice, we intend to 

grant reconsideration only to those 

employees who present credible 

medical documentation that 

demonstrates their ability to naturally 

produce urine specimens with 

creatinine concentrations equal to or 

greater than 2, but less than or equal to 

5 mg/dL and a specific gravity less than 

or equal to 1.001 or greater than or equal 

to 1.020. 


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51888 Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Notices 

Employers who discover that an 

employee was reported to have a refusal 

to test as the result of a laboratory 

finding of creatinine concentration 

equal to or greater than 2, but less than 

or equal to 5 mg/dL, prior to May 28, 

2003, should inform the employee that 

he or she may submit documentation to 

ODAPC for reconsideration. To be 

viewed by ODAPC as credible medical 

documentation, the employee would 

have to submit information from a 

licensed physician or a MRO which 

documents that the employee can 

physiologically produce urine meeting 

the creatinine and specific gravity 

criteria. ODAPC will also accept an 

MRO verified drug result from the 

employee which resulted from a 

Department of Transportation required 

drug testing event that demonstrates the 

employee’s ability to produce a 

creatinine level equal to or greater than 

2, but less than or equal to 5 mg/dL. 

This verified result must have been 

reported by the MRO to the employer 

after May 28, 2003. 

The notice also provides the address 

that employees should send their 

documentation. ODAPC will carefully 

review every submission and will 

respond in writing to each employee 

who seeks to have his or her original 

refusal to test result reviewed. 

Issued this 5th day of September 2007, at 

Washington, DC. 

Jim L. Swart, 

Acting Director, Office of Drug and Alcohol 

Policy and Compliance. 


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Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Notices 51889 


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51890 Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Notices 


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Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Notices 51891 

[FR Doc. 07–4428 Filed 9–10–07; 8:45 am] 

BILLING CODE 4910–9X–C 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2007–28850] 

Agency Information Collection 

Activities; Revision of an Approved 

Information Collection: Driver 

Qualification Files 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, 

FMCSA announces its plan to submit 

the Information Collection Request (ICR) 

described below to the Office of 

Management and Budget (OMB) for 

review and approval. This collection, 

entitled ‘‘Driver Qualification Files,’’

accounts for the information that motor 

carriers must obtain and maintain on 

the qualifications of the commercial 

motor vehicle (CMV) drivers they 

employ. On May 23, 2007, FMCSA 

published a Federal Register notice 

allowing for a 60-day comment period 

on the ICR. No comments were received. 

DATES: Please send your comments by 

October 11, 2007. OMB must receive 

your comments by this date in order to 

act quickly on the ICR. 

ADDRESSES: All comments should 

reference Docket No. FMCSA–2007–

28850. You may submit comments to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, 725 Seventeenth Street, NW., 

Washington, DC 20503, Attention: DOT/ 

FMCSA Desk Officer. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Thomas Yager, Chief, FMCSA Driver 

and Carrier Operations Division. 

Telephone: 202–366–4235; e-mail 

MCPSD@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Driver Qualification Files. 

OMB Control Number: 2126–0004. 

Type of Request: Revision of a 

currently approved collection. 

Respondents: Motor carriers; drivers. 

Estimated Number of Respondents: 7 

million. 

Estimated Time per Response: An 

average of 28 minutes. 

Expiration Date: September 30, 2007. 

Frequency of Response: The principal 

obligations of these rules are imposed 

on motor carriers when considering a 

driver for employment, and on CMV 

drivers, when applying for employment. 


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