[Federal Register Volume 65, Number 103 (Friday, May 26, 2000)]
[Notices]
[Pages 34246-34247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13313]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration


Controlled Substances and Alcohol Testing Management Information 
System (MIS) Statistical Data

May 15, 2000.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice.

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SUMMARY: The FMCSA is announcing the motor carrier industry's 1997 and 
1998 controlled substances and alcohol usage rates based on random 
testing. The positive rate for controlled substances was 1.3 percent in 
calendar year 1997, and 1.5 percent in 1998. The alcohol ``violation'' 
rate was 0.2 percent in 1997, and 0.4 percent in 1998. Because the 
alcohol ``violation'' rate has remained below 0.5 percent for these two 
years, the FMCSA is announcing that it is maintaining the random 
alcohol testing rate for calendar year 2000 at 10 percent, in 
accordance with the provisions of the testing regulations. This lowered 
rate continues the DOT policy set in 1998 when data supported the same 
policy decision. Because the positive rate from controlled substances 
testing has remained above 1.0 percent during this same period, the 
FMCSA is maintaining the random controlled substances testing rate for 
calendar year 2000 at 50 percent, in accordance with FMCSA regulations. 
This notice serves to continue the existing policy and provides that it 
is effective until further notice.

FOR FURTHER INFORMATION CONTACT: For enforcement questions: Mr. Kenneth 
Rodgers, Office of Enforcement and Compliance (HMCE-20), (202) 366-
4016; For substantive questions: Mr. David M. Lehrman, Office of 
Policy, Plans, and Regulations, (202) 366-0994; For statistical 
questions: Mr. Richard Gruberg, Office of Motor Carrier Information 
Analysis (HIA-20), (202) 366-2959; For legal questions, Mr. Michael 
Falk, Office of the Chief Counsel, (HCC-20), (202) 366-1384, Federal 
Highway Administration, 400 Seventh Street, SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Electronic Access

    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the Government Printing 
Office's Electronic Bulletin Board Service at (202) 512-1661. Internet 
users may reach the Office of the Federal Register's home page at: 
http://www.nara.gov/fedreg and the Government Printing Office's 
database at: http://www.access.gpo.gov/nara.

Creation of New Agency

    In October 1999, the Secretary of Transportation rescinded the 
authority previously delegated to the Federal Highway Administrator to 
perform the motor carrier functions and operations, and to carry out 
the duties and powers related to motor carrier safety, that are 
statutorily vested in the Secretary. That authority was redelegated to 
the Director of the Office of Motor Carrier Safety (OMCS), a new office 
within the Department (see, 64 FR 56270, October 19, 1999, and 64 FR 
58356, October 29, 1999). The OMCS had previously been the FHWA's 
Office of Motor Carriers (OMC).
    The Motor Carrier Safety Improvement Act of 1999 established the 
Federal Motor Carrier Safety Administration as a new operating 
administration within the Department of Transportation, effective 
January 1, 2000 (Public Law 106-159, 113 Stat. 1748, December 9, 1999). 
The Secretary therefore rescinded the motor carrier authority delegated 
to the Director of the OMCS and redelegated it to the Administrator of 
the FMCSA (65 FR 220, January 4, 2000).
    The staff previously assigned to the FHWA's OMC, and then to the 
OMCS, are now assigned to the FMCSA. The motor carrier functions of the 
FHWA's Resource Centers and Division (i.e., State) Offices have been 
transferred without change to the FMCSA Resource Centers and FMCSA 
Division Offices, respectively. For the time being, all phone numbers 
and addresses are unchanged. Similarly, rulemaking activities begun 
under the auspices of the FHWA and continued under the OMCS will be 
completed by the FMCSA.

Background

    On December 23, 1993 (58 FR 68220), the FHWA announced it would 
require motor carriers subject to 49 CFR part 391, later replaced by 
part 382, to implement and maintain specific controlled substance 
testing data, and submit an appropriate annual report when requested. 
All motor carriers must maintain this information. The FHWA randomly 
selects a sample of motor carriers annually and asks those selected to 
submit their data.
    On February 15, 1994 (59 FR 7484), the FHWA promulgated new 
controlled substances and alcohol testing rules in 49 CFR part 382. 
These rules combined the controlled substances annual report with a 
similar alcohol rule ``violation'' annual report. An alcohol rule 
violation for purposes of the annual report are alcohol concentrations 
of 0.04 or greater and refusals to submit to alcohol testing.
    On March 13, 1995, the FHWA amended the rule to reduce the 
information collection burden on all respondents, including small 
entities (60 FR 13369).
    The current rule at Sec. 382.403, formerly at 49 CFR 391.87(h), is 
essential for the accomplishment of the following four goals:
    1. Collect controlled substance and alcohol testing statistical 
data.

[[Page 34247]]

    2. Use the data to analyze the FMCSA's current approach to 
deterring and detecting illegal controlled substance use and alcohol 
misuse in the motor carrier industry.
    3. Determine each calendar year's random selection rates for 
alcohol and controlled substance testing under the rule.
    4. Provide for a more efficient and effective regulatory program.
    In 1995, the FHWA requested a sample of motor carriers report to 
the FHWA data collected in 1994. The FHWA determined the random 
positive controlled substance usage rate for commercial motor vehicle 
(CMV) drivers subject to 49 CFR part 391, subpart H, for the period of 
January 1, 1994, through December 31, 1994, was 2.6 percent. This rate 
was estimated to be 2.8% in 1995 and 2.2% in 1996.
    Estimates of positive usage rates for alcohol were first produced 
for calendar year 1995. The alcohol testing ``violation'' rate was 0.14 
percent in 1995, and 0.18 percent in 1996.
    The criteria for raising or lowering the random testing rate are 
established by regulation. Under 49 CFR 382.305(d)(1), when the minimum 
annual percentage rate for random alcohol testing is 25 percent or 
more, the FMCSA Administrator may lower the rate to 10 percent of all 
driver positions if the Administrator determines that the data received 
under the reporting requirements of Sec. 382.403 for two consecutive 
years indicate that the violation rate is less than 0.5 percent.
    Under Sec. 382.305(e)(1), when the minimum annual percentage rate 
for random alcohol testing is 10 percent, the Administrator is required 
to increase the rate to 25 percent only if the violation rate is equal 
to or greater than 0.5 percent.
    Under Sec. 382.305(g), when the minimum annual percentage rate for 
random controlled substances testing is 50 percent, the Administrator 
may lower the rate to 25 percent of all driver positions only if the 
data indicate that the positive testing rate is less than 1.0 percent.
    Based upon this authority, and because the violation rate was below 
0.5 percent for two consecutive years, the FHWA announced it was 
lowering the random alcohol testing rate for calendar year 1998 to 10 
percent. The random controlled substances testing rate remained 50 
percent. On January 14, 1998 (63 FR 2172) the agency published this 
policy in a notice including an extensive appendix C explaining the 
methodology used to estimate the controlled substances positive and 
alcohol violation rates.
    Today's notice announces the results of data collected for the 1997 
and 1998 FHWA Drug and Alcohol Surveys. These surveys, conducted 
annually, measure the percentage of CDL drivers testing positive for 
controlled substances (as defined in 49 CFR 40.21 of the Federal Motor 
Carrier Safety Regulations) and/or alcohol, based on both random and 
nonrandom testing. The survey data are collected from a random sample 
of motor carrier annual drug and alcohol testing summaries. Because the 
positive rate from random controlled substances testing has remained 
above 1.0 percent during this period, the FMCSA is maintaining the 
random controlled substance testing rate for calendar year 2000 at 50 
percent, in accordance with 49 CFR 382.305(g). The FMCSA is also 
maintaining the random alcohol testing rate for calendar year 2000 at 
10 percent, in accordance with 49 CFR 382.305(e)(1).

    Authority: 49 U.S.C 504, 31136, chapter 313; and 49 CFR 1.73.

    Issued on: May 18, 2000.
Julie Anna Cirillo,
Acting Deputy Administrator, Federal Motor Carrier Safety 
Administration.
[FR Doc. 00-13313 Filed 5-25-00; 8:45 am]
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