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[Federal Register: February 25, 2010 (Volume 75, Number 37)]
[Rules and Regulations]               
[Page 8528-8547]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe10-24]                         

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 40

[Docket DOT-OST-2008-0088]
RIN OST 2105-AD84

 
Procedures for Transportation Workplace Drug and Alcohol Testing 
Programs

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

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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.

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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

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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.

[[Page 8529]]

Sec.  40.225  [Amended]

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2. Section 40.225 (a) is amended by removing the words, ``February 1, 
2002''.

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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.
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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.


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[FR Doc. 2010-3731 Filed 2-24-10; 8:45 am]
BILLING CODE 4910-9X-C
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