Federal Register #DOT-OST-2026-3664

DOT Seeks Comments on Petition to Change Medical Review of Invalid Drug-Test Specimens

The U.S. Department of Transportation is requesting public comments on a petition to change federal drug-testing medical review procedures. - Government buyer: U.S. Department of Transportation (DOT), Office of the Secretary, Office of Drug and Alcohol Policy and Compliance. - Nature of notice: This is a request for public comments on the Darcy Kern Petition to amend 49 CFR part 40, not a procurement opportunity. - Proposed changes: Establish a documentation submission period of up to 72 hours; require written Medical Review Officer determinations addressing submitted documentation; and define standards for evaluating abnormal urinary chemistry, including abnormal pH. - Medical review considerations: The petition proposes considering consultation with a urologist or mental health professional for diagnosed voiding disorders and reviewing supporting documentation before certain refusal determinations. - Safeguards: Existing protections, including observed recollection when documentation is insufficient, would remain in place. - Products, services, OEMs, and vendors: None requested or identified.

Description

The U.S. Department of Transportation is requesting comments on a petition to amend 49 CFR part 40 regarding invalid specimen determinations and directly observed recollection procedures. The proposed changes would establish structured medical verification when an employee asserts a plausible medical explanation for abnormal specimen-validity findings, including abnormal pH values. Proposals include a finite documentation submission period, written Medical Review Officer determinations, evaluation standards for abnormal urinary chemistry, consideration of specialist consultation, and review of supported voiding disorders before certain refusal determinations. DOT will accept comments, data, and information through November 2, 2026.

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