WASHINGTON — According to The Federal Register, a new proposed rule would add fentanyl and norfentanyl (a metabolite of fentanyl) to the U.S. Department of Transportation’s drug testing panel.
“Adding fentanyl and norfentanyl is also in the interest of transportation safety, given compelling information regarding the number of overdose deaths in the United States involving fentanyl,” the Register said.
The Danger of Fentanyl
According to the Trucking Care Foundation, (TCF) Fentanyl poisoning claims the lives of approximately 70,000 Americans each year, with a fentanyl-related death occurring roughly once every five minutes. Although preliminary data has indicated an encouraging drop in overdose deaths last year, fentanyl has been the number one killer of adults 18-45, with children under 14 dying of fentanyl poisoning faster than any other age group. More than 115 million pills containing illicit fentanyl were seized by law enforcement in 2023, 2,300 times more than the roughly 50,000 seized in 2017.
“The trucking industry has long worked to reverse these tragic statistics by raising public awareness, supporting addiction and recovery programs, endorsing legislation like the END FENTANYL Act, and partnering with law enforcement to defeat this devastating scourge,” TCF said.
In August authorities in Oklahoma, discovered 49.55 pounds of illicit fentanyl hidden in a concealed void inside one of the trailered cars. That amount alone was enough for three lethal doses to kill every man, woman and child in Oklahoma.
Similar busts have been happening all across the country.
The HALT Fentanyl Act
In July, President Trump signed the Act which permanently places all fentanyl-related substances into Schedule I of the Controlled Substances Act.
Proposals in the NPRM
The NPRM is available on the FR web page at https://www.govinfo.gov/content/pkg/FR-2025-09-02/pdf/2025-16720.pdf. It is also posted on the Office of Drug and Alcohol Policy and Compliance (ODAPC) webpage at https://www.transportation.gov/odapc/frpubs.
- Add Fentanyl and norfentanyl to the testing panels.
- Adjust laboratory morphine confirmatory cutoff (urine only).
- Remove the additional requirement for MROs to determine clinical evidence of illegal opioid (codeine and morphine use for urine and oral fluid).
- Add and modify certain definitions.
- Authorize biomarker testing.
- Modify analyte nomenclature for marijuana (urine and oral fluid).
- Revise footnote #1 to both testing panels to include more specific and updated criteria for alternate technology initial drug tests.
- Add a 30-day requirement for drug collectors, STTs, and BATS within which to complete the required training and mock collections.
- Adding a new ‘fatal flaw’ related to oral fluid specimens.
- Modify several provisions related to oral fluid specimens.
- Add clarifying language to other provisions (such as oral fluid collector training, SAP documents, and shy bladder/dry mouth procedures).
- Various technical amendments.
Comment Period on Rulemaking
Comments to this notice of proposed rulemaking should be submitted by Oct. 17. Late filed comments will be considered to the extent possible.
For further information, contact Bohdan Baczara, Deputy Director, Office of Drug and Alcohol Policy and Compliance, 1200 New Jersey Avenue, S.E., Washington, D.C. 20590. Phone inquiries can be made at 202-366-378. Email inquiries should be directed to [email protected].
Comment Docket Submissions
- Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting comments.
- Mail: Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Ave. S.E., West Building, Ground Floor, Washington, D.C. 20590–0001.
- Hand Delivery: West Building, Ground Floor, 1200 New Jersey Ave. S.E., between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.
- Instructions: You must include the agency name and docket number DOT-OST-2025-0049 or the Regulatory Identification Number (2105-AF26) for the rulemaking at the beginning of your comments. All comments received will be posted without change to http:// www.regulations.gov, including any personal information provided.
Dana Guthrie is an award-winning journalist who has been featured in multiple newspapers, books and magazines across the globe. She is currently based in the Atlanta, Georgia, area.
