85728 Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Notices 

Information collection Number of 

respondents 

Number of 

responses 

(per respondent) 

Burden per 

response 

Burden per 

respondent 

Total burden 

(hours) 

EMS report requests ............................................................................... 258 258 (1) 6 minutes ........... 6 minutes ........... 26 

Access to towing/salvage facility ............................................................. 258 258 (1) 5 minutes ........... 5 minutes ........... 21 

Total .................................................................................................. ........................ .............................. ........................... ........................... 499 

Accordingly, NHTSA estimates that 

the total burden associated with the 

CIREN program is 499 hours (181 + 258 

+ 39 + 21). 

Estimated Total Annual Burden Cost: 

$0. 

There are no capital, start-up, or 

annual operation and maintenance costs 

involved in this collection of 

information. The respondents would not 

incur any reporting costs from the 

information collection beyond the 

opportunity or labor costs associated 

with the burden hours. The respondents 

also would not incur any recordkeeping 

burden or recordkeeping costs from the 

information collection. Therefore, 

NHTSA estimates that there will be no 

annual burden cost to respondents. 

Public Comments Invited: You are 

asked to comment on any aspects of this 

information collection, including (a) 

whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Department, including whether the 

information will have practical utility; 

(b) the accuracy of the Department’s 

estimate of the burden of the proposed 

information collection; (c) ways to 

enhance the quality, utility and clarity 

of the information to be collected; and 

(d) ways to minimize the burden of the 

collection of information on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Authority: The Paperwork Reduction 

Act of 1995; 44 U.S.C. chapter 35, as 

amended; 49 CFR 1.49; and DOT Order 

1351.29A. 

Cem Hatipoglu, 

Associate Administrator, Office of Vehicle 

Safety Research. 

[FR Doc. 2023–27006 Filed 12–7–23; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–2023–0116] 

Pipeline Safety: Random Drug Testing 

Rate; Multi-Factor Authentication; and 

Operator and Contractor Management 

Information System Reporting 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice of Calendar Year 2024 

Minimum Annual Percentage Rate for 

Random Drug Testing; Multi-Factor 

Authentication (MFA) for Drug and 

Alcohol (D&A) Management Information 

System (DAMIS) Reports, Pipeline 

Operator DAMIS Reporting, and 

Contractor DAMIS Reporting. 

SUMMARY: PHMSA has determined that 

the minimum random drug testing rate 

for covered employees will remain at 25 

percent during calendar year 2024. For 

calendar year 2023 reporting, DOT is 

introducing MFA login procedures for 

submitting D&A testing data into the 

DAMIS database. This notice also 

explains how pipeline operators and 

contractors will obtain MFA login 

information. 

DATES: Applicable January 1, 2024, 

through December 31, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Wayne Lemoi, Drug & Alcohol Program 

Manager, Office of Pipeline Safety, by 

phone at 909–937–7232 or by email at 

wayne.lemoi@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Notice of Calendar Year 2024 Minimum 

Annual Percentage Rate for Random 

Drug Testing 

Operators of gas, hazardous liquid, 

and carbon dioxide pipeline facilities; 

liquefied natural gas (LNG) plants; and 

underground natural gas storage 

facilities must randomly select and test 

a percentage of all covered employees 

for prohibited drug use in accordance 

with 49 Code of Federal Regulations 

part 199. Pursuant to 49 CFR 

199.105(c)(1), the minimum annual 

random drug testing rate for all covered 

employees is 50 percent. However, the 

Administrator can adjust this random 

drug testing rate based on the reported 

positive rate in the industry’s random 

drug tests, which is submitted in 

operators’ annual MIS reports as 

required by § 199.119(a). In accordance 

with § 199.105(c)(3), if the reported 

positive drug test rate is below 1.0 

percent for two consecutive calendar 

years, the Administrator can lower the 

random drug testing rate to 25 percent 

of all covered employees. 

Pursuant to § 199.105(c)(3), the 

Administrator is maintaining the 

PHMSA minimum annual random drug 

testing rate for all covered employees at 

25 percent in calendar year 2024 

because the random drug test positive 

rate for the pipeline industry was 

reported at less than 1.0 percent in the 

consecutive calendar years of 2021 and 

2022. 

Multi-Factor Authentication for DAMIS 

Reports 

In calendar year 2024, DOT will begin 

using Multi-Factor Authentication 

(MFA) to limit and control access to 

DOT’s DAMIS database. MFA is not 

unique to PHMSA or to DAMIS. It is a 

Federal Government initiative being 

implemented to protect the integrity and 

security of Federal Government 

databases from cybersecurity attacks 

and other risks. MFA login procedures 

for ‘‘primary pipeline’’ operators and 

contractors are explained in the 

applicable sections below. 

Pipeline Operator DAMIS Reporting 

To collect more accurate pipeline 

industry DOT D&A test data and to 

avoid duplicate reporting of D&A test 

data, PHMSA is limiting the DAMIS 

reporting to ‘‘primary operators’’ and 

contractors only. The term ‘‘primary 

operator’’ is not used in the D&A testing 

regulations in part 199; however, the 

term ‘‘primary operator’’ as used herein 

has the same meaning as the term 

‘‘primary entity’’ as used in § 191.22 and 

§ 195.64. Moreover, a ‘‘primary 

operator’’ can be a large or small 

operator as explained below. 

Pipeline operators either have a D&A 

program that includes only one pipeline 

operator (i.e., one OPID) or an 

‘‘umbrella’’ type shared D&A program 

that includes multiple pipeline 

operators (i.e., more than one OPID). For 

DAMIS reporting purposes the operator 

of the single operator D&A program is 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Notices 85729 

the ‘‘primary pipeline operator’’. For 

shared D&A programs, the ‘‘primary 

operator’’ must be identified to PHMSA 

through Safety Program Relationship 

(SPR) data before submitting a DAMIS 

report. Operators are reminded to 

review their D&A program records to 

check the SPR status of their D&A 

program. If changes are needed to 

properly align the SPR data with the 

operator’s D&A program, the operator 

must make a written notification to 

PHMSA. 

The PHMSA regulations governing 

DAMIS reporting (§§ 199.119 and 

199.229) are based on whether the 

primary operator is a large operator or 

a small operator. Pursuant to 

§§ 199.119(a) and 199.229(a), a large 

operator is an operator with more than 

50 covered employees. Large operators 

are required to submit a DAMIS report 

each calendar year. Pursuant to 

§§ 199.119(a) and 199.229(a), a small 

operator is an operator with 50 or fewer 

covered employees. Small operators are 

only required to submit a DAMIS report 

if the operator receives a ‘‘written 

notice’’ from PHMSA requesting a 

report. PHMSA transmits written 

notices as messages in the PHMSA 

Portal in late December each calendar 

year. 

To calculate the number of D&A 

covered employees to determine 

whether an operator is a large or small 

primary operator, include all covered 

employees of the primary operator plus 

all covered employees of any business 

units included in the DAMIS report 

under a shared D&A program. If your 

covered employees are in a random drug 

testing pool managed by a consortium, 

count only your own covered 

employees. If you have any covered 

employees subject to D&A testing under 

more than one DOT agency, count only 

those employees who were D&A tested 

under PHMSA, which is the agency 

selected on the Federal Drug Testing 

Custody and Control Form (CCF) or on 

the Alcohol Testing Form. While 

contractor employees are covered 

employees requiring D&A testing, 

contractor employees are not used to 

calculate whether a ‘‘primary pipeline 

operator’’ is a large or small operator. 

Therefore, do not include contractor 

employees in the above calculations. 

Pipeline operators are no longer 

required to ‘‘accept’’ contractor reports. 

Instead, an operator will simply list the 

contractor and the contractor’s DAMIS 

report automatically becomes part of the 

operator’s report once the contractor has 

submitted its report to DAMIS. 

Furthermore, operators will not be able 

to view contractor data reports through 

DAMIS, but can get the report directly 

from the contractor, if they so desire. 

For each contractor listed by a 

primary operator, DAMIS will show if a 

Login.gov invitation has been generated 

for the contractor. If no Login.gov 

invitation has been created for the 

contractor or if the Login.gov invitation 

was created for the wrong email 

address, the primary operator can 

generate a new Login.gov invitation by 

entering a new email address for the 

contractor. This email address cannot 

already be in use to access DAMIS for 

a primary operator or a different 

contractor. 

Primary Operator MFA Login: In 

September 2023, PHMSA 

communicated by email with primary 

operators to confirm the email address 

of the person who will submit the 

primary operator’s DAMIS report. These 

confirmed email addresses will be 

loaded into DAMIS by the end of 

calendar year 2023. In early January 

2024, DAMIS will generate a one-time/ 

one-use Login.gov invitation for the 

confirmed email addresses. PHMSA will 

also make Login.gov invitations 

available in the PHMSA Portal. 

Contractor DAMIS Reporting 

Because contractors do not have 

OPIDs, PHMSA uses a Business Tax 

Identification Number (BTIN) to track 

contractors in the DAMIS database. 

A contractor may perform D&A 

covered functions for one pipeline 

operator or multiple operators. 

Additionally, a contractor may be local, 

regional, or nationwide, and/or may 

operate from a single location or from 

multiple locations. Regardless, the clear 

intent is for PHMSA and DOT to collect 

contractor D&A test data that is 

complete, accurate, and nonrepetitive. 

Accordingly, each contractor must 

prepare a single, complete, and accurate 

DAMIS report that includes all its D&A 

covered employees and all their DOT 

D&A test data. A contractor does not 

prepare or submit a separate and 

distinct DAMIS report for each pipeline 

operator or for a contractor’s separate 

offices or locations unless those offices 

are distinct and separate under their 

own BTIN. Moreover, a contractor must 

not report the same covered employees 

and the same D&A tests in more than 

one BTIN. If a contractor has more than 

one BTIN, the contractor must allocate 

individual employees and their D&A 

tests results among the BTINs for which 

they actually worked, or report all the 

contractor’s employees and test results 

under one BTIN. 

PHMSA does not need or require a 

DAMIS report from each BTIN. PHMSA 

requires a valid set of contractor D&A 

test data that reflects the complete and 

accurate picture of who the contractor 

D&A tested and what the results of those 

tests were. PHMSA does not want 

covered employees or D&A tests to be 

reported more than once. If test results 

can be reported under one BTIN, that is 

acceptable. 

PHMSA also recognizes that some 

pipeline operators perform D&A covered 

functions for other PHMSA regulated 

pipeline operators. While this may take 

place under a contract, pipeline 

operators with an OPID must never be 

listed as a contractor by any other 

pipeline operator in a DAMIS report. 

Contractor MFA Login: MFA will 

allow access for contractors to enter 

their D&A testing data directly into 

DAMIS. In September 2023, PHMSA 

communicated by email with 

contractors to confirm the email address 

of the person who will submit the 

contractor DAMIS report. These 

confirmed email addresses will be 

loaded into DAMIS by the end of 

calendar year 2023. In early January 

2024, DAMIS will generate a one-time/ 

one-use Login.gov invitation for the 

confirmed email address. Contractors 

can also request a new Login.gov 

invitation for a new email address by 

sending a request to 

PHMSAPipelineDAMIS@dot.gov. 

Any primary operator can generate a 

new Login.gov invitation for a contractor 

by entering an email address that is not 

already established with Login.gov 

access to DAMIS. 

Issued in Washington, DC on December 1, 

2023, under authority delegated in 49 CFR 

1.97. 

Alan K. Mayberry, 

Associate Administrator for Pipeline Safety. 

[FR Doc. 2023–27037 Filed 12–7–23; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

Bureau of Transportation Statistics 

[Docket ID Number: DOT–OST–2014–0031] 

Agency Information Collection: 

Activity Under OMB Review: Report of 

Passengers Denied Confirmed 

Space—BTS Form 250 

AGENCY: Office of the Assistant 

Secretary for Research and Technology 

(OST–R), Bureau of Transportation 

Statistics (BTS), DOT. 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, this 

notice announces that the Information 

Collection Request (ICR) abstracted 

below is being forwarded to the Office 


khammond on DSKJM1Z7X2PROD with NOTICES