Petition for Rulemaking; Notification of Petition for Rulemaking; Invalid Specimen Determinations

What it does

This document announces receipt of a petition for rulemaking received by DOT on February 27, 2026, to initiate a rulemaking to amend 49 CFR part 40. The petitioner's proposed amendments seek to incorporate structured medical verification standards when an employee asserts a plausible medical explanation for abnormal specimen validity findings, including abnormal pH values. Specifically, the petitioner proposes: a defined and finite documentation submission window; required written Medical Review Officer determinations addressing submitted documentation; defined evaluation standards for abnormal urinary chemistry findings; consideration of specialist consultation when diagnosed voiding disorders are asserted; and (5) documented review of medically supported functional voiding disorders prior to verifying refusal determinations based on inability to provide a specimen under direct observation. Through this notification, DOT seeks comment on the petition, as well as any information that could be used in DOT's determination whether to grant the petition.

The Transportation Department's summary, as published in the Federal Register.

What it would change

1 part of Title 49 of the Code of Federal Regulations:

49 CFR 40

What happens next and when

DOT will accept comments, data, and information with respect to the Darcy Kern Petition until November 2, 2026.

The agency's dates, word for word.

Check it yourself

• The document in the Federal Register
• Docket DOT-OST-2026-3664 on Regulations.gov
• Title 49 on eCFR

The record as published

Source: the Federal Register (public domain). The document in the Federal Register