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DOT/OST RIN: 2105-AF26 Publication ID: 2026 
Title: Procedures for Transportation Workplace Drug and Alcohol Testing Programs: Adding Certain Schedule II Drugs to the Department of Transportation's Drug Testing Panel 
Abstract:

This rulemaking would adopt the drug testing panel identified by the U.S. Department of Health and Human Services (HHS) in their urine and oral fluid Mandatory Guidelines for Federal Workplace Drug Testing Programs by proposing to amend the Department of Transportation's Drug Testing Panel in 49 CFR part 40 by adding Fentanyl and norfentanyl (Schedule II drugs). This rulemaking would also amend certain provisions of the Department of Transportation's drug testing regulation at 49 CFR part 40 dealing with laboratory testing of urine and oral fluid specimens. Some of the proposed changes would revise the role of the Medical Review Officer (MRO) regarding the conduct of clinical examinations. The proposed changes are intended to create consistency, as needed, with the recently updated drug testing requirements established by the Department of Health and Human Services (HHS) in its Mandatory Guidelines (MG) for urine and oral fluid.

 
Agency: Department of Transportation(DOT)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
EO 14192 Designation: Not subject to, not significant 
CFR Citation: 49 CFR 40   
Legal Authority: Not Yet Determined   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  09/02/2025  90 FR 42363   
NPRM Comment Period End  10/17/2025 
Final Rule  To Be Determined 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Bohdan Baczara
Department of Transportation
Office of the Secretary
1200 New Jersey Avenue SE,
Washington, DC 20590
Phone:202 366-6364
Fax:202 366-3897
Email: bohdan.baczara@dot.gov