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C.F.R - Table of Contents

  • Title 1 - General Provisions
  • Title 2 - Grants and Agreements
  • Title 3 - The President
  • Title 4 - Accounts
  • Title 5 - Administrative Personnel
  • Title 6 - Domestic Security
  • Title 7 - Agriculture
  • Title 8 - Aliens and Nationality
  • Title 9 - Animals and Animal Products
  • Title 10 - Energy
  • Title 11 - Federal Elections
  • Title 12 - Banks and Banking
  • Title 13 - Business Credit and Assistance
  • Title 14 - Aeronautics and Space
  • Title 15 - Commerce and Foreign Trade
  • Title 16 - Commercial Practices
  • Title 17 - Commodity and Securities Exchanges
  • Title 18 - Conservation of Power and Water Resources
  • Title 19 - Customs Duties
  • Title 20 - Employees' Benefits
  • Title 21 - Food and Drugs
  • Title 22 - Foreign Relations
  • Title 23 - Highways
  • Title 24 - Housing and Urban Development
  • Title 25 - Indians
  • Title 26 - Internal Revenue
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  • Title 28 - Judicial Administration
  • Title 29 - Labor
  • Title 30 - Mineral Resources
  • Title 31 - Money and Finance: Treasury
  • Title 32 - National Defense
  • Title 33 - Navigation and Navigable Waters
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  • Title 35 - Panama Canal
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  • Title 37 - Patents, Trademarks, and Copyrights
  • Title 38 - Pensions, Bonuses, and Veterans' Relief
  • Title 39 - Postal Service
  • Title 40 - Protection of Environment
  • Title 41 - Public Contracts and Property Management
  • Title 42 - Public Health
  • Title 43 - Public Lands: Interior
  • Title 44 - Emergency Management and Assistance
  • Title 45 - Public Welfare
  • Title 46 - Shipping
  • Title 47 - Telecommunication
  • Title 48 - Federal Acquisition Regulations System
  • Title 49 - Transportation
  • Title 50 - Wildlife and Fisheries

CFR > Title 49 - Transportation > SUBTITLE A—Office of the Secretary of Transportation > PART 40—PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS > SUBPART R—Public Interest Exclusions (§40.361 to §40.413) > 40.393—How long does a PIE stay in effect?

40.393—How long does a PIE stay in effect?

(a) In the NOPE (see § 40.375(b)(5) ), the initiating official proposes the duration of the PIE. The duration of the PIE is one of the elements of the proceeding that the service agent may contest (see § 40.381(b)) and about which the Director makes a decision (see § 40.387(b)(4) ).
(b) In deciding upon the duration of the PIE, the Director considers the seriousness of the conduct on which the PIE is based and the continued need to protect employers and employees from the service agent's noncompliance. The Director considers factors such as those listed in § 40.389 in making this decision.
(c) The duration of a PIE will be between one and five years, unless the Director reduces its duration under § 40.407.




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