Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Proposed Rules 39039 

214, R307–410–5, and R307–500 series rules 

through withdraw of these submittals. 

5See Delegations of Authority for NSPS and 

NESHAP Standards to States and Tribes in Region 

8, https://www.epa.gov/air-quality-implementationplans/delegations-authority-nsps-and-neshapstandards-states-and-tribes. 

proposing to act on the November 3, 

2020, submittal related to revisions of 

R307–150–3 and R307–150–9, nor are 

we approving R307–210, R307–214, nor 

R307–410–5, because authority for these 

rules has already been delegated to the 

State of Utah.5 EPA is working with the 

State of Utah to correct these rules, 

which will be acted on at some future 

date as applicable. 

III. Proposed Action 

Based on the above discussion, EPA 

finds that the proposed revisions to 

R307–101, R307–150, R307–401, R307– 

405, and R307–410 as well new rule 

R307–306, and the repeal and 

replacement of R307–165 would not 

interfere with attainment or 

maintenance of any of the NAAQS in 

the State of Utah and would not 

interfere with any other applicable 

requirement of the CAA and thus is 

approvable under CAA 110(a)(2)(C), 40 

CFR 51.160–164 and CAA section 

110(l). Specifically, we are proposing to 

approve the State of Utah’s rule revision 

submitted on May 21, 2020, to R307– 

401–2, R307–401–10, and R307–401–15. 

Additionally, we are proposing to 

approve the State of Utah’s rule revision 

submitted on May 28, 2020, to R307– 

150–1, R307–401–2, R307–401–4 

through R307–401–6, R307–401–9 

through R307–401–11, R307–401–14 

through R307–401–16. Additionally, we 

are proposing to approve the State of 

Utah’s rule revision submitted on 

November 3, 2020, to R307–101–3, 

R307–165 sections 1 through 6, R307– 

405–2, R307–410–3, and R307–410–4. 

Furthermore, we are proposing to 

approve the State of Utah’s rule revision 

submitted on November 12, 2020, to 

include new rule R307–306, sections 1 

through 7 into the SIP. 

IV. Incorporation by Reference 

In this document, the EPA is 

proposing to include regulatory text in 

an EPA final rule that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference the UDAQ 

rules discussed in section I. The EPA 

has made, and will continue to make, 

these materials generally available 

through www.regulations.gov (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the proposed rule does 

not have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Greenhouse gases, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: June 26, 2022. 

KC Becker, 

Regional Administrator, Region 8. 

[FR Doc. 2022–14050 Filed 6–29–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 40 

[Docket DOT–OST–2022–0037] 

Department of Transportation Drug 

and Alcohol Testing Data 

AGENCY: Office of the Secretary, 

Transportation (DOT). 

ACTION: Request for information. 

SUMMARY: In March 2021, the 

Government Accountability Office 

(GAO) published a report titled ‘‘DOT 

Has Taken Steps to Verify and Publicize 

Drug and Alcohol Testing Data but 

Should Do More.’’ The report examines 

how the Department of Transportation 

(DOT) uses drug and alcohol testing 

data, how DOT verifies that data are 

reliable, and whether DOT follows key 

actions for transparently reporting drug 

and alcohol testing data. The drug and 

alcohol testing data are primarily used 

by the DOT modal administrations and 

the United States Coast Guard (USCG) to 

determine the random testing rate(s) for 

safety-sensitive employees in each 

industry each year. In response to a 

recommendation from the GAO Report, 

DOT requests information from 

potential users in the public to 

determine if there is a broader audience 

for the public data, consistent with key 

actions for open government data. 

DATES: Comments on this notice must be 

received on or before August 1, 2022. 

ADDRESSES: You may submit comments 

identified by Docket Number DOT– 

OST–2022–0037 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov/docket/ 


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1OTETA also directed other changes to DOT’s 

substance abuse-related programs for most 

transportation industries that the Department 

regulates. With respect to drug testing procedures, 

the Act added a requirement for using the ‘‘split 

sample’’ approach to testing which Congress 

believed would provide an additional safeguard for 

employees. 

2 DOT published a notice of proposed rulemaking 

on February 28, 2022 [87 FR 11156] that proposes 

to add oral fluid specimens to part 40 for use in the 

DOT drug testing program. 

3A copy of the MIS Form has been placed in the 

docket for this notice. 

DOT-OST-2022-0037/document. Follow 

the online instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building, Ground Floor, Room W12– 

140, 1200 New Jersey Avenue SE, 

Washington, DC, between 9 a.m. and 5 

p.m. ET, Monday through Friday, except 

Federal holidays. 

• Fax: 202–493–2251. 

To avoid duplication, please use only 

one of these methods. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

instructions on submitting comments, 

including collection of information 

comments for the Office of Information 

and Regulatory Affairs, OMB. 

FOR FURTHER INFORMATION CONTACT: 

Mike Huntley, Office of Drug and 

Alcohol Policy and Compliance, 1200 

New Jersey Avenue SE, Washington, DC 

20590; telephone number 202–366– 

3784; ODAPCwebmail@dot.gov. If you 

have questions on viewing or submitting 

material to the docket, contact Docket 

Services, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Background 

DOT Drug and Alcohol Testing Program 

Overview 

Safety is the top priority of DOT. A 

cornerstone of our safety policy is 

ensuring that transportation providers 

across all modes—on roads, rails, water, 

or in the air, over land and 

underground—employ operators who 

do not use illicit drugs or misuse 

alcohol. The Department works towards 

deterring the use of illicit drugs and the 

misuse of alcohol in the transportation 

industries, and creating prevention and 

treatment opportunities for 

transportation employers and 

employees. 

Since 1988, DOT has regulated the 

process by which employers in the 

different transportation industries 

(aviation, trucking, rail, transit, 

pipeline, and maritime) must test their 

employees for drug and alcohol use. 

Nearly 6 million people performing 

safety sensitive transportation jobs are 

covered by the DOT drug and alcohol 

regulations, including pilots and flight 

attendants, truck drivers, subway 

operators, ship captains, pipeline 

controllers, aircraft mechanics, 

locomotive engineers, bus drivers, and 

others. The DOT regulations govern the 

drug and alcohol testing process for preemployment, random, post-accident, 

reasonable suspicion/cause, and 

required testing after an employee 

returns to work after failing or refusing 

a test. More than 6 million drug and 

alcohol tests are conducted each year 

under the DOT program. 

History of DOT Drug and Alcohol 

Testing Program 

DOT first published its drug testing 

procedures regulation, 49 CFR part 40 

(‘‘part 40’’), on November 21, 1988 (53 

FR 47002) as an interim final rule. The 

rule was based on the Department of 

Health and Human Services (HHS) 

guidelines for Federal agency employee 

drug testing (53 FR 11790; April 11, 

1988), with some changes to fit the 

transportation workplace. DOT 

published a final rule responding to 

comments on the interim rule a year 

later (54 FR 49854; December 1, 1989), 

that included, among other things, a 

provision for a 5-panel drug test for 

cocaine, marijuana, phencyclidine, 

amphetamines, and opiates. 

Under the Omnibus Transportation 

Employee Testing Act (OTETA) of 1991, 

codified at 49 U.S.C. 45102 and 45104 

(aviation industry testing), 49 U.S.C. 

20140 (rail), 49 U.S.C. 31306 (motor 

carrier), and 49 U.S.C. 5331 (transit), 

DOT was required to implement alcohol 

testing programs in various 

transportation industries.1 In response 

to OTETA, DOT added alcohol testing 

procedures to part 40 in a final rule 

published on February 15, 1994 (59 FR 

7340). 

While there have been periodic 

updates to part 40 over the years, the 

DOT drug and alcohol testing 

requirements have remained 

fundamentally the same since the time 

that they were first established as noted 

above. 

Part 40 is a DOT-wide regulation that 

prescribes how drug and alcohol testing 

is conducted, who is authorized to 

participate in the drug and alcohol 

testing program, and what employees 

must do before they may return to duty 

following a drug and/or alcohol 

violation. In addition, the Federal 

Aviation Administration (FAA), the 

Federal Motor Carrier Safety 

Administration (FMCSA), the Federal 

Railroad Administration (FRA), the 

Federal Transit Administration (FTA), 

the Pipeline and Hazardous Materials 

Administration (PHMSA), and the 

USCG have each established specific 

regulations that spell out their 

prohibitions on drug use and alcohol 

misuse, who is subject to the 

regulations, what testing is authorized, 

when testing is authorized, and the 

consequences for violating the drug and 

alcohol testing regulations. The DOT 

modal administrations and the USCG 

incorporate part 40 into their 

regulations and enforce compliance of 

their respective regulations. 

At the present time, only urine 

specimens are authorized for use in 

DOT drug testing.2 These urine 

specimens are collected by a qualified 

collector and sent to a laboratory 

certified by the HHS National 

Laboratory Certification Program for 

screening and confirmation. DOT 

requires testing for (1) marijuana, (2) 

cocaine, (3) opioids (codeine, morphine, 

heroin, hydrocodone, hydromorphone, 

oxycodone, oxymorphone), (4) 

phencyclidine (PCP), and (5) 

amphetamines, methamphetamines, and 

methylenedioxymethamphetamine 

(MDMA). Alcohol testing involves 

analyzing breath or saliva specimens for 

initial (screening) tests, and breath 

specimens for confirmation tests. The 

breath/saliva specimen is collected by a 

qualified Breath Alcohol Technician or 

Screening Test Technician (as 

appropriate) and analyzed by an alcohol 

testing device approved by the National 

Highway Traffic Safety Administration. 

Drug and Alcohol Testing Management 

Information System (MIS) Data 

Employers subject to DOT or USCG 

drug and alcohol testing regulations 

must submit annual drug and alcohol 

testing data as required by their 

respective DOT modal administration or 

the USCG (see 49 CFR 40.26). When 

submitting drug and alcohol testing 

data, employers are required to use the 

standardized, one-page ‘‘Drug and 

Alcohol Testing MIS Data Collection 

Form’’ (MIS Form) provided in 

Appendix H to part 40.3 FAA, FMCSA, 

FRA, FTA, and USCG now permit (and 

prefer) employers to submit the required 

drug and alcohol testing data 

electronically, while PHMSA requires 

the required data be submitted 

electronically. 

An employer collects and compiles 

drug and alcohol testing data generated 

throughout the year by their company’s 

drug and alcohol testing program, and 


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4 In addition to using drug and alcohol testing 

data to calculate the annual random testing rate, 

DOT has periodically used that data to target 

educational outreach to the industry. 

5See https://www.transportation.gov/odapc/ 

random-testing-rates. 

6PHMSA and the USCG do not require random 

alcohol testing. 

7See https://www.transportation.gov/odapc/ 

random-testing-rates. 

8FMCSA only publishes a Federal Register 

notice if its testing rate changes. 

submits that data in its annual filing of 

the MIS Form. Specifically, for each 

employee category, an employer is 

required to provide (1) drug testing data 

(number of verified negative tests, 

verified positive tests (for each drug), 

refusal to test results (adulterated, 

substituted, shy bladder, others), and 

cancelled results), and (2) alcohol 

testing data (number of screening tests 

above and below 0.02, number of 

confirmation tests above and below 

0.04, refusal to test results (shy lung, 

others) and cancelled results) for each 

type of test conducted (e.g., preemployment, random, post-accident, 

reasonable suspicion/cause, return-toduty, or follow-up). 

The employer must complete the MIS 

Form and certify that the information is 

accurate. The annual drug and alcohol 

testing data submitted for a specific 

calendar year is to be submitted by 

March 15th of the following calendar 

year. The completed MIS Form contains 

only aggregate data, and does not 

contain any employee-specific 

information. 

How the MIS Data Is Used 

The DOT modal administrations and 

the USCG use the drug and alcohol MIS 

testing data primarily to determine the 

random testing rate(s) for safetysensitive employees in each industry for 

subsequent years.4 Specifically, each 

DOT modal administration and the 

USCG uses the random drug testing 

positive/refusal rate and the random 

alcohol testing violation rate, as 

applicable and respectively, from the 

prior year to determine the random 

testing rate in the following calendar 

year. 

All five of the modal administrations 

and USCG require their regulated 

employers to conduct random drug 

tests. Their respective regulations 

provide that the minimum annual 

percentage rate for random drug testing 

for the industry will be either 25 or 50 

percent, depending on the industrywide random drug testing positive/ 

refusal rate reported for the previous 

calendar year or years. For example, if 

the random drug testing positive/refusal 

rate is at or above 1 percent, then the 

modal administration or USCG will 

increase the minimum annual 

percentage rate for random drug testing 

for the following year to 50 percent or 

make no adjustment if it is already at 50 

percent. If the minimum annual 

percentage rate for random drug testing 

is at 50 percent and the positive/refusal 

rate is less than 1 percent for 2 

consecutive years, then the DOT modal 

administration or USCG has the 

discretion to lower the minimum annual 

percentage rate for random drug testing 

to 25 percent for the following year. For 

2022, the minimum annual percentage 

rate for random drug testing is set at 50 

percent for three DOT modal 

administrations (FMCSA, FTA, and 

PHMSA) and the USCG, and at 25 

percent for FAA and FRA (both for FRA 

maintenance-of-way (MOW) employees 

and FRA covered service employees).5

Four of the five DOT modal 

administrations require random alcohol 

testing (FRA, FAA, FMCSA, and FTA).6

Their respective regulations provide 

that the minimum annual percentage 

rate for random alcohol testing for the 

industry will be 10, 25, or 50 percent. 

These DOT modal administrations 

adjust this alcohol testing rate for safetysensitive employees based on their 

respective industry-wide random 

alcohol testing violation rate reported 

for the previous calendar year or years. 

For example, regardless of whether the 

random testing rate is 50, 25, or 10 

percent, if the violation rate is 1 percent 

or more for a year, then the modal 

administration will increase the alcohol 

testing rate for the next year to 50 

percent, or make no adjustment if it is 

already at 50 percent. The 2022 random 

alcohol testing rate is 10 percent for all 

four modal administrations.7

The DOT modal administrations and 

the USCG publish annual notices in the 

Federal Register that outline the prior 

years’ positive/refusal rates or alcohol 

violation rates, as relevant, and state the 

minimum annual percentage rate(s) for 

random testing for the next calendar 

year.8 The minimum annual percentage 

rate for random testing is the specified 

minimum percentage of safety-sensitive 

employees that employers must 

randomly select and test throughout the 

calendar year. Employers may select 

and test at a higher rate but must select 

and test at the minimum mandatory rate 

to comply with the respective modal 

regulations. 

Support for Patients and Communities 

Act 

Federal Bill H.R. 6., the ‘‘Substance 

Use-Disorder Prevention that Promotes 

Opioid Recovery and Treatment for 

Patients and Communities Act’’ (the 

‘‘SUPPORT Act’’) was signed into law 

on October 24, 2018. 

Drug and Alcohol Testing MIS Database 

Section 8103 of the SUPPORT Act, 

titled ‘‘Department of Transportation 

Public Drug and Alcohol Testing 

Database’’ required DOT to, not later 

than March 31, 2019, establish and 

make publicly available on its website a 

database of the drug and alcohol testing 

data reported by employers for each 

mode of transportation, and update the 

database annually. Specifically, for each 

mode of transportation, the database 

must include (1) the total number of 

drug and alcohol tests by type of 

substance tested; (2) the drug and 

alcohol test results by type of substance 

tested; (3) the reason for the drug or 

alcohol test, such as preemployment, 

random, post-accident, reasonable 

suspicion or cause, return-to-duty, or 

follow-up, by type of substance tested; 

and (4) the number of individuals who 

refused testing. 

In response to the above, DOT 

published aggregated data from its 

internal database on its website in 

March 2019 for each mode (i.e., FRA, 

FAA, FMCSA, FTA, and PHMSA) and 

the USCG by substances tested (drugs or 

alcohol), by reason for testing, and by 

year (2003 through 2018). The database 

has since been updated annually to 

include the most recent available data 

for 2019 and 2020. The database may be 

accessed at https://

www.transportation.gov/odapc/DOT_

Agency_MIS_Data. The database does 

not contain any personally identifiable 

information. 

GAO Report on DOT’s Collection and 

Use of Drug and Alcohol Testing Data 

Section 8104 of the SUPPORT Act, 

titled ‘‘GAO Report on Department of 

Transportation’s Collection and Use of 

Drug and Alcohol Testing Data,’’ 

required GAO, not later than 2 years 

after the date the DOT public drug and 

alcohol testing database was established 

under Section 8103 of the Act, to (1) 

review the DOT drug and alcohol testing 

MIS, and (2) submit to the Committee 

on Commerce, Science, and 

Transportation of the Senate and the 

Committee on Transportation and 

Infrastructure of the House of 

Representatives a report on the review. 

The GAO Report was required to 

include (1) a description of the process 

DOT uses to collect and record drug and 

alcohol testing data submitted by 

employers for each mode of 

transportation, (2) an assessment of 

whether and if so, how DOT uses the 

data in carrying out its responsibilities, 


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9A copy of the GAO Report (Report GAO–21– 

296) has been placed in the Docket for this notice. 

10 GAO’s Recommendation 2 applies to the USCG 

only, and not to DOT. 

11The Open, Public, Electronic and Necessary 

Government Data Act of 2018 (OPEN Government 

Data Act) is Title II of the Foundations for 

Evidence-Based Policymaking Act of 2018 

(Evidence Act). 

12 In addition to the actions taken by ODAPC, as 

required by GAO Recommendation 4, individual 

DOT modes have also discussed the availability of 

the public drug and alcohol testing data during 

presentations to industry groups. 

and (3) an assessment of the DOT public 

drug and alcohol testing database 

required under the Act. The Report was 

to include recommendations regarding 

how DOT can best use the drug and 

alcohol testing data, any improvements 

that could be made to the process by 

which the data is collected from 

employers, and whether and, if so, how 

the DOT drug and alcohol testing 

database could be made more effective. 

Pursuant to the above, GAO 

conducted a performance audit on the 

DOT drug and alcohol testing data from 

October 2019 to March 2021. In 

conducting the audit, GAO reviewed 

relevant laws and regulations, among 

other things. To determine how DOT 

verifies that data are reliable, GAO 

reviewed documents, analyzed data in 

the DOT internal database from calendar 

years 2003 through 2018, and 

interviewed DOT officials. GAO also 

reviewed the DOT public website and 

compared it to key actions for open 

government data. 

In March 2021, GAO published a 

report titled ‘‘DOT Has Taken Steps to 

Verify and Publicize Drug and Alcohol 

Testing Data but Should Do More.’’ 9

The report examines (1) how DOT uses 

drug and alcohol testing data, (2) how 

DOT verifies that data are reliable, and 

(3) whether DOT follows key actions for 

transparently reporting drug and alcohol 

testing data. 

GAO made three recommendations to 

DOT10 as follows: 

(1) ‘‘The Secretary of Transportation 

should direct the Administrators of 

FAA, FMCSA, FRA, FTA, and PHMSA 

to: (1) evaluate the different processes 

used by each modal administration to 

verify drug and alcohol testing data— 

including comparing data to records 

during inspections, checking data for 

errors manually or with software, and 

contacting employers that do not submit 

a report or submit an incomplete 

report—and (2) determine what, if any, 

additional steps should be taken to 

improve the reliability of the 

information. (Recommendation 1)’’ 

(2) ‘‘The Director of ODAPC should 

disclose known limitations of drug and 

alcohol testing data on DOT’s website, 

consistent with key actions for open 

government data. (Recommendation 3)’’ 

(3) ‘‘The Director of ODAPC should 

reach out to potential users in the public 

to determine if there is a broader 

audience for the public data, consistent 

with key actions for open government 

data, and if a broader audience is 

identified, engage with users to evaluate 

the benefits and costs of adopting 

additional key actions for open 

government data and any other possible 

improvements to the website. 

(Recommendation 4)’’ 

Regarding Recommendation 3 and 

Recommendation 4, GAO found that 

DOT’s drug and alcohol testing website, 

which DOT published in March 2019 as 

required by the SUPPORT for Patients 

and Communities Act, follows eight of 

16 key actions that GAO has previously 

identified for transparently reporting 

government data. However, GAO found 

that DOT does not fully follow eight 

other key actions for transparently 

reporting data on the drug and alcohol 

testing website, including: (1) disclosing 

known data limitations 

(Recommendation 3) and (2) reaching 

out to potential users in the public to 

encourage data use (Recommendation 

4). In addition, GAO stated that ‘‘DOT 

currently does not follow or partially 

follows six other key actions that may 

improve the website. However, the 

immediate benefits and costs of 

following these six actions are unclear 

because DOT has not reached out to 

users to determine if the value of 

making changes to the website outweigh 

the time and resources necessary to 

implement them.’’ 

Specifically with respect to 

Recommendation 4, GAO found that 

while DOT’s Office of Drug and Alcohol 

Policy and Compliance (ODAPC) ‘‘does 

discuss the modal administrations’ drug 

and alcohol testing programs at industry 

conferences, it does not discuss the 

public drug and alcohol testing data.’’ In 

addition to being a key action identified 

by GAO, the OPEN Government Data 

Act 11 requires agencies to develop a 

plan to allow for collaboration with 

non-government entities, including 

businesses, researchers, and the public, 

for the purpose of understanding how 

data users value and use government 

data. 

GAO stated that ‘‘ potential users in 

the public may not be aware of the 

website or potential uses of the data. For 

example, if aware that the information 

is now publicly available, a motor 

carrier employer could use the public 

drug and alcohol testing data to 

understand how that individual 

employer’s drug and alcohol testing 

results compare to industry-wide 

results. However, because ODAPC has 

not identified or reached out to 

potential users in the public, officials 

cannot be certain the public is not 

interested in the data. As a result, DOT 

does not know whether the website 

meets the requirements for transparently 

providing data, or if additional 

improvements could make this a more 

valuable resource for users.’’ 

DOT Actions in Response to the GAO 

Report 

DOT concurred with each of the 

recommendations above. 

Recommendations 1 and 3 

In response to Recommendation 1, 

DOT has committed to take action to 

implement the steps recommended by 

GAO. Each operating administration 

plans to conduct a review of its drug 

and alcohol data collection process to 

identify additional process 

improvements, if any, that should be 

taken to improve the reliability of the 

information it collects. DOT expects to 

complete this action by June 30, 2022. 

In response to Recommendation 3, 

ODAPC posted the known data 

limitations for FRA and FMCSA on the 

drug and alcohol testing website in 

February 2022, beginning with the 2020 

data. 

Recommendation 4 

In response to Recommendation 4, 

ODAPC has discussed the availability of 

the public drug and alcohol testing data 

on the DOT website at numerous 

industry and government conferences 

and training sessions, including at 

meetings of (1) the American 

Association of Medical Review Officers, 

(2) the Drug and Alcohol Testing 

Industry Association, (3) the Substance 

Abuse Program Administrators 

Association, (4) HHS’s Substance Abuse 

and Mental Health Services 

Administration’s Drug Testing Advisory 

Board, and (5) the FTA’s annual drug 

and alcohol conference.12

In addition, and consistent with the 

requirements of the OPEN Government 

Data Act, DOT is publishing this 

Request for Information to (1) increase 

awareness regarding the availability of 

the drug and alcohol testing data on the 

DOT website, and (2) collaborate with, 

and solicit input from, nongovernmental entities such as 

stakeholders, researchers, and the 

public to better understand how those 

users may value and use the drug and 

alcohol testing data that is publicly 

available on the website. 


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13 GAO Report GAO–19–72, titled ‘‘Treasury 

Could Better Align USAspending.gov with Key 

Practices and Search Requirements.’’ 

Importantly, open government data 

only create value to the extent that they 

are used. GAO—in a separate report 13— 

has identified three key actions for 

engaging with users: 

(1) Identify data users and their 

needs. By identifying who is using the 

data and what content or features are 

important to them, data providers can 

better prioritize their efforts to present 

information to data consumers. From 

this: 

a. DOT requests information regarding 

what entities use the drug and alcohol 

testing data on the DOT website. 

b. DOT requests information regarding 

how those entities use the drug and 

alcohol testing data on the DOT website. 

(2) Solicit and be responsive to user 

feedback. Soliciting and being 

responsive to user feedback—both when 

a website is being developed and on an 

ongoing basis—can help ensure that the 

website meets users’ needs. Feedback 

can also surface issues with the 

functionality of the website, thus 

enabling the data provider to make 

corrections when needed. From this: 

a. DOT requests information regarding 

the functionality of the DOT drug and 

alcohol testing data website, and 

whether users have specific 

recommendations regarding possible 

improvements to the website that would 

enhance the user’s ability to use the 

available data. 

(3) Reach out to potential users to 

encourage data use. Actively engaging 

potential users can provide an 

opportunity to educate them on how the 

data can be appropriately used and 

encourage innovation. From this: 

a. DOT primarily uses the drug and 

alcohol testing data to determine the 

random testing rate for safety-sensitive 

employees in each industry for the 

following year, and also sometimes to 

target educational outreach to the 

industry. DOT requests information 

regarding whether users envision other 

appropriate uses for the drug and 

alcohol testing data on the DOT website. 

Conclusion 

GAO noted that DOT’s drug and 

alcohol testing website follows eight of 

16 key actions that GAO has previously 

identified for transparently reporting 

government data. Two others— 

disclosing known data limitations and 

reaching out to the public—are 

addressed through the specific GAO 

recommendations discussed above. 

While GAO noted that DOT does not 

fully follow six other key actions that 

could improve its drug and alcohol 

testing website, GAO noted that the 

potential benefits and costs of following 

those six actions are unclear because 

DOT has not reached out to potential 

users. GAO stated that ‘‘With a better 

understanding of potential needs and 

uses of the data, DOT would be able to 

determine whether implementing these 

actions would provide benefits 

consistent with any implementation 

costs.’’ 

DOT will review and evaluate the 

comments received from potential users 

that are submitted in response to this 

notice. If a broader audience for the 

drug and alcohol testing data is 

identified, DOT will engage with users 

to evaluate the benefits and costs of 

adopting additional key actions for open 

government data and any other possible 

improvements to the website. 

DOT seeks input on the questions set 

forth above and welcomes comments 

from all interested parties. 

Bohdan S. Baczara, 

Deputy Director, Office of Drug and Alcohol 

Policy and Compliance. 

[FR Doc. 2022–13985 Filed 6–29–22; 8:45 am] 

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