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###### Department of Transportation

###### Office of the Secretary 

          - 49 CFR Part 40 
          - [Docket DOT-OST-2008-0088] 
          - RIN OST 2105-AD84 

# AGENCY:

Office of the Secretary, DOT. 

# ACTION:

Final rule.

# SUMMARY:

The Department of Transportation is making technical amendments to its drug and alcohol testing procedures to authorize employers to begin using the updated U.S. DOT Alcohol Testing Form (ATF) and the Management Information System (MIS) Data Collection Form. The Department updated the information collection notice on the forms to conform to requirements under the Paperwork Reduction Act. 

# DATES:

The rule is effective February 25, 2010. 

# FOR FURTHER INFORMATION CONTACT:

                        For program issues, Bohdan Baczara, Office of Drug and Alcohol Policy and Compliance, 1200 New Jersey Avenue, SE., Washington, DC 20590; (202) 366-3784 (voice), (202) 366-3897 (fax), or                         *bohdan.baczara@dot.gov*                         (e-mail).                     

# SUPPLEMENTARY INFORMATION:

## Background and Purpose 

                    In compliance with the Paperwork Reduction Act of 1995, Public Law 104-13, (44 U.S.C. 3501*et seq.*) the Department submitted a request to the Office of Management and Budget (OMB) for the extension of the currently approved Procedures for the Transportation Drug and Alcohol Testing Program. OMB approved the submission which included a revised U.S. DOT Alcohol Testing Form (ATF) and the Management Information System (MIS) Data Collection Form.                 

                    As part of the approval process, the Department asked for public comment on ways to enhance the quality, utility, and clarity of the information being collected on the Alcohol Testing Form (ATF) and Management Information System (MIS) form                     **Federal Register**                     [73 FR 14300] and [73 FR 33140]. There was one response, which contained several comments. As a result of the comments and other input from OMB and DOT agencies, both forms were updated. Specifically, the ATF and MIS were updated to include an updated Paperwork Reduction Act Burden Statement, the current address of the Department, new DOT form numbers. We provided additional instructions on the reverse side of Page 3 of the ATF that tamper evident tape must not obscure the printed information. Also, the legends in the test result boxes on the front of the ATF were adjusted and printed in a smaller font so they don't obscure test results printed directly on the ATF. Other than these changes, the content and format of ATF from the previous versions remain the same.                 

The Department recognizes that employers and alcohol testing technicians may currently have a large supply of old ATFs. To avoid unnecessarily wasting these forms, the Department will permit the use of the old ATF until supplies are exhausted, but the old ATF must not be used beyond August 1, 2010. Employers are authorized to begin using the updated ATF immediately. 

                    In 2006, the Department published a                     **Federal Register**                     notice [71 FR 49383] to update the MIS form and its accompanying instructions to change the name the Research and Special Programs Administration (RSPA) to the Pipeline and Hazardous Materials Safety Administration (PHMSA). This change reflects a February 2005 reorganization and renaming of that DOT agency. Since the change did not appear in the                     **Federal Register**                     notice, we are publishing the form with its accompanying instructions sheet again.                 

                    The MIS form is a single-page form, and the information reported on the MIS data form can be submitted electronically via the Internet at                     *http://damis.dot.gov.*                     As a result, it is less likely any employer would have a large number of MIS forms. Thus, employers required to report MIS data must begin using the revised MIS form in 2011 to report calendar year 2010 MIS data.                 

                    Both revised forms can be found on our Web site at                     *http://www.dot.gov/​ost/​dapc/​documents.html.*

## Regulatory Analyses and Notices 

                    The statutory authority for this rule derives from the Omnibus Transportation Employee Testing Act of 1991 (49 U.S.C. 102, 301, 322, 5331, 20140, 31306, and 45101*et seq.*) and the Department of Transportation Act (49 U.S.C. 322).                 

This rule is a non-significant rule both for purposes of Executive Order 12886 and the Department of Transportation's Regulatory Policies and Procedures. The Department certifies that it will not have a significant economic effect on a substantial number of small entities, for purposes of the Regulatory Flexibility Act. The Department makes these statements on the basis that, as a series of technical amendments that correct or clarify existing regulatory provisions, this rule will not impose any significant costs on anyone. The costs of the underlying Part 40 final rule were analyzed in connection with its issuance in December 2000. Therefore, it has not been necessary for the Department to conduct a regulatory evaluation or Regulatory Flexibility Analysis for this final rule. The forms comply with the Paperwork Reduction Act. It has no Federalism impacts that would warrant a Federalism assessment. The amendments made in this rule are technical and corrective, to an existing rule that went through an extensive public notice and comment process. 

The amendments are purely technical, do not make significant changes to Part 40, and we would not anticipate the receipt of meaningful comments on them. Consequently, the Department has determined, for purposes of section 553 of the Administrative Procedure Act, that prior notice and comment are unnecessary, impracticable, or contrary to the public interest. For the same reasons, and because it will be very useful to program participants to be authorized to use the revised forms immediately, we have determined, under section 553, that there is good cause to make the rule effective immediately upon publication. 

# List of Subjects in 49 CFR Part 40

      - Administrative practice and procedures
      - Alcohol abuse
      - Alcohol testing
      - Drug abuse
      - Drug testing
      - Laboratories
      - Reporting and recordkeeping requirements
      - Safety
      - Transportation

Issued this 9th day of February 2010, at Washington, DC.

Ray LaHood,

Secretary of Transportation.

For reasons discussed in the preamble, the Department of Transportation is amending 49 CFR part 40, Code of Federal Regulations, as follows:

# PART 40—PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS

1. The authority citation for 49 CFR part 40 continues to read as follows:

Authority:49 U.S.C. 102, 301, 322, 5331, 20140, 31306, and 45101*et seq.*

      ( print page 8529)    
§ 40.225 

2. Section 40.225 (a) is amended by removing the words, “February 1, 2002”. 

3. Appendix G to Part 40—Alcohol Testing Form is revised to read as follows: 

## Appendix G to Part 40—Alcohol Testing Form

The following form is the alcohol testing form required for use in the DOT alcohol testing program beginning August 1, 2010. Employers are authorized to use the form effective February 25, 2010.
      ( print page 8530)          ( print page 8531)          ( print page 8532)          ( print page 8533)          ( print page 8534)          ( print page 8535)    
4. Appendix H to Part 40—DOT Drug and Alcohol Testing Management Information System (MIS) Data Collection Form is revised to read as follows: 

# Appendix H to Part 40—DOT Drug and Alcohol Testing Management Information System (MIS) Data Collection Form

The following form is the MIS Data Collection form required for use beginning in 2011 to report calendar year 2010 MIS data.
      ( print page 8536)          ( print page 8537)          ( print page 8538)          ( print page 8539)          ( print page 8540)          ( print page 8541)          ( print page 8542)          ( print page 8543)          ( print page 8544)          ( print page 8545)          ( print page 8546)          ( print page 8547)    

BILLING CODE 4910-9X-P

[FR Doc. 2010-3731 Filed 2-24-10; 8:45 am]

BILLING CODE 4910-9X-C