19534 Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations

greater degree than the United States

discriminates against defense items

produced in that country.

(4) Satisfactory quality items

manufactured in the United States or

Canada are not available.

(5) Application of the restriction

would result in the existence of only

one source for the item in the United

States or Canada.

(6) Application of the restriction is

not in the national security interest of

the United States.

(7) Application of the restriction

would adversely affect a U.S. company.

(b) The restriction is waived when it

would cause unreasonable costs. The

cost of the air circuit breaker

manufactured in the United States or

Canada is unreasonable if it exceeds 150

percent of the offered price, inclusive of

duty, of items which are not

manufactured in the United States or

Canada.

8. Section 225.7016–4 is removed and

section 225.7016–5 is redesignated as

section 225.7016–4 and revised to read

as follows:

225.7016–4 Contract clause.

Use the clause at 252.225–7029,

Preference for United States or Canadian

Air Circuit Breakers, in all solicitations

and contracts requiring air circuit

breakers for naval vessels, unless—

(a) An exception under 225.7016–2 is

known to apply; or

(b) A waiver has been granted in

accordance with 225.7016–3.

9. Sections 225.7019–1, 225.7019–2,

225.7019–3, and 225.7019–4 are revised

to read as follows:

225.7019–1 Restriction.

In accordance with 10 U.S.C. 2534,

through fiscal year 1995, do not acquire

antifriction bearings or bearing

components which are not

manufactured in the United States or

Canada.

225.7019–2 Exceptions.

The restriction in 225.7019–1 does

not apply to—

(a) Acquisitions below the simplified

acquisition threshold;

(b) Purchases of commercial products

incorporating antifriction bearings;

(c) Miniature and instrument ball

bearings restricted under 225.71;

(d) Items acquired overseas for use

overseas; or

(e) Antifriction bearings or bearing

components or items containing

bearings for use in a cooperative or coproduction project under an

international agreement.

225.7019–3 Waiver.

The head of the contracting activity

may waive the restriction in 225.7019–

1—

(a) Upon execution of a determination

and findings that—

(1) No domestic (U.S. or Canadian)

bearing manufacturer meets the

requirement;

(2) It is not in the best interests of the

United States to qualify a domestic

bearing to replace a qualified

nondomestic bearing. This

determination must be based on a

finding that the qualification of a

domestically manufactured bearing

would cause unreasonable costs or

delay. A finding that a cost is

unreasonable should take into

consideration DoD policy to assist the

domestic industrial mobilization base.

Contracts should be awarded to

domestic bearing manufacturers to

increase their capability to reinvest and

become more competitive;

(3) United States producers of the

item would not be jeopardized by

competition from a foreign country, and

that country does not discriminate

against defense items produced in the

United States to a greater degree than

the United States discriminates against

defense items produced in that country;

(4) Application of the restriction

would impede cooperative programs

entered into between DoD and a foreign

country, and that country does not

discriminate against defense items

produced in the United States to a

greater a degree than the United States

discriminates against defense items

produced in that country;

(5) Application of the restriction

would result in the existence of only

one source for the item in the United

States or Canada;

(6) Application of the restriction is

not in the national security interests of

the United States; or

(7) Application of the restriction

would adversely affect a U.S. company.

(b) For multiyear contracts or

contracts exceeding 12 months, only

if—

(1) The head of the contracting

activity executes a determination and

findings in accordance with paragraph

(a) of this subsection;

(2) The contractor submits a written

plan for transitioning from the use of

nondomestic to domestically

manufactured bearings;

(3) The plan—

(i) States whether a domestically

manufactured bearing can be qualified,

at a reasonable cost, for use during the

course of the contract period;

(ii) Identifies any bearings that are not

domestically manufactured, their

application, and source of supply; and

(iii) Describes, including cost and

timetable, the transition to a

domestically manufactured bearing.

(The timetable for the transition should

normally take no longer than 24 months

from the date the waiver is granted); and

(4) The contracting officer accepts the

plan and incorporates it in the contract.

225.7019–4 Contract clause.

Use the clause at 252.225–7016,

Restriction on Acquisition of

Antifriction Bearings, in all solicitations

and contracts, unless—

(a) An exception applies or a waiver

has been granted; or

(b) The contracting officer knows that

the items being acquired do not contain

antifriction bearings.

Subpart 252.2—Texts of Provisions

and Clauses

10. Section 252.225–7017 is amended

by revising in the introductory text the

reference ‘‘225.7004–5(a)’’ to read

‘‘225.7004–6(a);’’ by revising the clause

date to read ‘‘(APR 1995)’’ in lieu of

‘‘(APR 1992);’’ and by revising

paragraph (c) to read as follows:

252.225–7017 Preference for United States

and Canadian valves and machine tools.

* * * * *

(c) Unless an exception applies or a waiver

is granted under 225.7004–4(a) of the Defense

Federal Acquisition Regulation Supplement,

preference will be given to valves and

machine tools of United States or Canadian

origin by adding 50 percent to the offered

price of all other valves and machine tools

for evaluation purposes.

(End of clause)

11. Section 252.225–7029 is revised to

read as follows:

252.225–7029 Preference for United States

or Canadian air circuit breakers.

As prescribed in 225.7016–4, use the

following clause:

Preference for United States or Canadian Air

Circuit Breakers (Apr 1995)

(a) Unless otherwise specified in its offer,

the Contractor agrees that air circuit breakers

for naval vessels provided under this contract

shall be manufactured in the United States or

Canada.

(b) Unless an exception applies or a waiver

is granted under 225.7016–3(a) of the Defense

Federal Acquisition Regulation Supplement,

preference will be given to air circuit

breakers manufactured in the United States

or Canada by adding 50 percent to the offered

price of all other air circuit breakers for

evaluation purposes.

(End of clause)

[FR Doc. 95–9496 Filed 4–18–95; 8:45 am]

BILLING CODE 5000–04–M
Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations 19535

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 40

[Docket 49713]

RIN 2105–AB95

Procedures for Transportation

Workplace Drug and Alcohol Testing

Programs

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: On August 19, 1994, the

Office of the Secretary of Transportation

issued a final rule requiring

transportation employers to begin using

a new Federal Drug Testing Custody and

Control Form for all DOT-required drug

tests on February 16, 1995. This final

rule extends the date by which

transportation employers must comply

with the use of the new form to June 1,

1995.

EFFECTIVE DATE: This rule is effective

April 19, 1995.

FOR FURTHER INFORMATION CONTACT:

Kenneth Edgell, Office of Drug

Enforcement and Program Compliance,

Department of Transportation, 400 7th

Street SW., room 9404, Washington, DC

20590 (202) 366–3784.

SUPPLEMENTARY INFORMATION: In

February 1994, the Department of

Transportation published a final rule

which, in part, revised drug testing

procedures for employers in the

aviation, maritime, railroad, mass

transit, pipeline, and motor carrier

industries. In August 1994, the DOT

issued minor or technical amendments

to the rule. One such amendment was

the mandatory use ‘‘without exception

and without modification’’ of the

Federal Drug Testing Custody and

Control Form for all DOT urine

specimen collections. The form was

designed through a lengthy and

corroborative effort among DOT, the

Department of Health and Human

Services, and other interested parties.

This form is authorized for use only in

Federal employee testing programs and

for testing conducted under DOT

operating administration rules, and is

not authorized for use in any other type

of drug testing program. This form will

accommodate both split and single

specimen collections; instructions for

proper use are printed on the back of the

last page of the form. All seven pages of

the form were printed on August 19,

1994, (59 FR 43005–43012); only the

front page is reproduced in Appendix A

to this rule. This form may be produced

by transportation employers, DHHS

laboratories, collection sites, etc., but

must be an exact duplication without

modification. OMB has approved the

form under the Paperwork Reduction

Act, having assigned the OMB No.

9999–0023, with the expiration date of

June 30, 1997.

Employers are required to record

information specific to the collection of

a urine specimen to be used for a DOT

drug test. The information that is

required is identified on the new

Federal Drug Testing Custody and

Control Form, and information may not

be gathered that is inconsistent with

that required by the new form.

Mandatory use of the new form had

been set to begin on February 16, 1995.

Recent information from laboratories,

the primary suppliers of the form, and

collectors and employers, the main

users of the form, indicated that the

form is not universally available. A

variety of reasons contributing to the

unavailability includes DHHS

laboratories failure to print the new

forms in a timely manner, as well as

their mistaken belief that inventories of

existing forms could be used up prior to

the phase-in of the new form. Assertions

were also made that the colored paper

for the seven-part form is available only

on a limited basis, and that the form is

not yet available for sale at the

Government Printing Office. After

careful consideration of the validity of

this situation, the Department has

extended the compliance date for

mandatory use of the form to June 1,

1995. Collections made with out-of-date

forms after that date should not be

rejected (by DHHS laboratories) solely

because of the usage of the form.

Procedures for corrective action were

provided the DHHS laboratories via a

memorandum on January 23, 1995 from

DOT (Office of Drug Enforcement and

Program Compliance). These procedures

will continue to be in effect after June

1, 1995. DOT compliance agencies will

be reviewing the use of the new form

and may assess penalties against

transportation employers who are not in

compliance after June 1, 1995.

Federal Drug Testing Custody and

Control Form

The following provides printing and

use instructions for the new form.

All entities conducting urine

specimen collections and drug testing

under 49 CFR part 40 shall exclusively

use the standard Federal Drug Testing

Custody and Control Form. The form, a

seven-part carbonless manifold, shall be

81⁄2 by 11 inches in detached size. Part

1 (white) is the original and must

accompany the specimen to the

laboratory. Part 2 (white) is the second

original and must accompany the

specimen to the laboratory. Part 3

(white) is the split specimen original

and must accompany the split specimen

to the laboratory. Part 4 (pink) must be

sent directly to the Medical Review

Officer. Part 5 (green) must be given to

the donor. Part 6 (yellow) is retained by

the collector. Part 7 (blue) is forwarded

to the employer.

Print part numbers and designations

in red ink at the bottom left on all parts.

Print all other information in black ink.

Chemical transfer image must be black.

Parts 1 through 7 must have a

preprinted specimen identification

number. This number, 1⁄8′′ to 3⁄16′′ high

(size recommended), reading parallel to

the 81⁄2′′ dimension, in a space 11⁄4′′ × 3⁄16′′ (size recommended) in the top

center of all parts (to correspond with

‘‘SPECIMEN ID NO.’’ and appear to the

left of the ‘‘A’’ delimiter (or ‘‘B (SPLIT)’’

on Part 3) on all parts). The identical

specimen identification number 1⁄8′′ to 3⁄16′′ high (size recommended), in a

space 11⁄4′′ x 3⁄16′′ (size recommended),

shall appear on Part 1 on each unitary

label/seal (to correspond with

‘‘SPECIMEN ID NO.’’ and appear to the

left of the ‘‘A’’ and ‘‘B (SPLIT)’’

delimiters). Note: The specimen

identification number on the form (all

seven parts) must be identical to the

specimen identification number on the

labels. Specimen identification numbers

may be printed individually to each part

prior to assembly, or ‘‘crash numbered’’

on all parts simultaneously after

assembly. All numbers must be clear

and legible on all parts. These numbers

need to be unique only for the particular

collection. However, the DOT favors

numbering systems (e.g., 6 or more

digits) that are unique to, and controlled

by, the printer of the form.

The unitary labels/seals are to be of

tamper-evident quality, and shall be on

a perforated stub on the right-hand side

of Part 1. The actual size of the labels

may be modified to properly fit the

specimen bottles to which they will be

affixed. A shipping container seal is

required for DOT specimens, however,

making the shipping container seal part

of the form is optional; this seal may be

supplied as a separate item in a

laboratory’s specimen collection kit. If

the shipping container seal is part of the

form, it must be placed in the label area

on Part 1. Part 7 may have a

corresponding perforated stub (as

backing) to match Part 1 (i.e., to aid in

form production and stability).

The top portion, reading parallel to

the 81⁄2′′ dimension, (above SPECIMEN

ID NO.) on Parts 1 through 7 may be

customized to contain the laboratory’s

logo and/or bar coding necessary for
19536 Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations

accounting and identifying information.

No other areas on the form are subject

to modification, other than under the

provisions of section 40.23(a) which

must be approved by the DOT. If bar

coding is used in the top portion of Part

1, a corresponding bar code may appear

on each of the unitary labels/seals (and

shipping container seal, if applicable).

OMB No. 9999–0023 and Expiration

Date: 6/30/97 must appear on the

Federal Drug Testing Custody and

Control Form. (Note the number and

date in the lower left-hand corner of the

form in Appendix A.) The form will be

placed in stock in the Superintendent of

Documents, Government Printing Office

for sale to the general public by the

compliance date.

Regulatory Analysis and Notices

This is not a significant rule under

Executive Order 12866 or under the

Department’s Regulatory Policies and

Procedures. It does not impose costs on

regulated parties and may, to a limited

extent, reduce regulatory burdens.

Consequently, a regulatory evaluation

has not been prepared. The Department

finds, for purposes of the

Administrative Procedure Act, that

issuance of a notice of proposed

rulemaking on these subjects is

unnecessary, impracticable, or contrary

to the public interest. This amendment

simply extends the compliance date for

use of the form. The use of the form

conforms to previous, joint DOT/DHHS

actions, and the rapid issuance of this

notification is in the interest of the

public. The immediate effective date for

this amendment is established because

of the necessity of immediately

correcting a situation that may be

beyond the practical control of many

transportation employers, yet still cause

them to incur penalties.

List of Subjects in 49 CFR Part 40

Drug testing, Alcohol testing,

Laboratories, Reporting and

recordkeeping requirements, Safety,

Transportation.

Issued this 4th day of April 1995, at

Washington, DC.

Federico Pen ̃ a,

Secretary of Transportation.

For the reasons set forth in the

preamble, the Department of

Transportation amends title 49, Code of

Federal Regulations, part 40 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; 49

U.S.C. app. 1301nt., app. 1434nt., app. 2717,

app. 1618a.

2. Section 40.23(a) is amended to read

as follows:

§ 40.23 Preparation for testing.

* * * * *

(a)(1) Except as provided in paragraph

(a)(2) of this section, use of the drug

testing form prescribed under this part.

(i) This form is found in Appendix A

to this part.

(ii) Employers and other participants

in the DOT drug testing program may

not modify or revise this form, except

that the drug testing custody and control

form may include such additional

information as may be required for

billing or other legitimate purposes

necessary to the collection, provided

that personal identifying information on

the donor (other than the social security

number or other employee ID number)

may not be provided to the laboratory.

(iii) Donor medical information may

appear only on the copy provided the

donor.

(2) Notwithstanding the requirement

of paragraph (a)(1)(ii) of this section,

employers and other participants may

use existing forms that were in use in

the DOT drug testing program prior to

February 16, 1995, until June 1, 1995.

(3) Appendix A to part 40 is amended

by revising the Federal Drug Testing

Custody and Control Form, Copy 1, to

read as follows:

Appendix A to Part 40—Federal Drug

Testing Custody and Control Form

BILLING CODE 4910–62–P
Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations 19537

[FR Doc. 95–9466 Filed 4–18–95; 8:45 am]

BILLING CODE 4910–62–C