[Federal Register Volume 61, Number 240 (Thursday, December 12, 1996)]
[Rules and Regulations]
[Pages 65364-65365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31488]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 199

[Docket No. PS-152; Amendment 199-14]
RIN 2137-AC95


Reporting of Drug and Alcohol Testing Results

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: This direct final rule amends the Drug and Alcohol Testing 
Rules to allow the optional reporting of drug and alcohol testing 
results to RSPA by computer disk.

DATES: This direct final rule takes effect April 11, 1997. If RSPA does 
not receive any adverse comment or notice of intent to file an adverse 
comment by February 10, 1997, RSPA will publish a confirmation document 
within 15 days of the close of the comment period, advising the public 
of the date the direct final rule will become effective. If an adverse 
comment is received, RSPA will issue a timely notice in the Federal 
Register to confirm that fact and RSPA would withdraw the direct final 
rule in whole or in part. RSPA may then incorporate changes based on 
the adverse comment into a subsequent direct final rule or may publish 
a notice of proposed rulemaking.

ADDRESSES: Written comments must be submitted in duplicate and mailed 
or hand-delivered to the Dockets Unit, room 8421, U.S. Department of 
Transportation, Research and Special Programs Administration, 400 
Seventh Street, SW, Washington, D.C. 20590. Identify the docket and 
notice numbers stated in the heading of this notice. All comments and 
materials cited in this document will be available for inspection and 
copying in room 8421 between 8:30 a.m. and 5:00 p.m. each business day. 
Non-federal employee visitors are admitted to the DOT headquarters 
building through the southwest quadrant entrance at Seventh and E 
Streets, SW, Washington, D.C.

FOR FURTHER INFORMATION CONTACT: Marvin Fell, (202) 366-6205, regarding 
the subject matter of this document, or the Dockets Unit (202) 366-
4453, for copies of this document or other information in the docket.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 28, 1996, RSPA published a Request for Public Comment (61 
FR 13918) on its Management Information System Standardized Data 
Collection and Reporting of Drug Testing Materials information 
collection. Two commentors requested that RSPA allow electronic filing 
of drug testing forms. RSPA agrees with these commentors that allowing 
the filing of this information by computer disk may reduce the 
paperwork burden of this regulation. Therefore, RSPA is amending 
Section 199.25(d), Reporting of anti-drug testing results, to allow the 
alternative of filing the report on a computer disk provided by RSPA. 
The disk can be submitted in Word Perfect 6.1, Microsoft Word 6.0, or 
any ASCII format. If this option is used, a signature page attesting to 
the validity of the computer form must be sent to the RSPA address 
specified in Section 199.25(b). Additionally, RSPA is amending Section 
199.229(c), Reporting of Alcohol Testing Results, to allow operators 
the option of filing their alcohol testing results by computer disk. If 
this option is used, a signature page attesting to the validity of the 
information must be submitted similar to the drug filing procedure.

II. Regulatory Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This amendment may reduce the administrative burden of the drug and 
alcohol testing results reporting rules by

[[Page 65365]]

allowing operators to choose the method of reporting that they deem 
most cost-effective. This amendment is administrative in nature and is 
consistent with the President's goals of regulatory reinvention and 
improvement in customer service. There is no additional cost to comply 
with this rule because it is optional. This rule is considered to be 
non-major under Executive Order 12866, and is not considered 
significant under DOT Regulatory Policy and Procedures (44 FR 22034; 
February 26, 1979). Therefore, this change does not warrant the 
preparation of a Regulatory Evaluation.

Executive Order 12612

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 12612 (``Federalism''), and 
RSPA has determined that preparation of a federalism assessment is not 
warranted.

Regulatory Flexibility Act

    Based on the above facts, I certify under Section 606 of the 
Regulatory Flexibility Act that this amendment does not have a 
significant impact on a substantial number of small entities.

Paperwork Reduction Act

    This final rule does not impose any new information collection 
requirements.

List of Subjects in 49 CFR Part 199

    Alcohol testing, Drug testing, Pipeline safety, Reporting and 
recordkeeping requirements.
    In consideration of the foregoing, RSPA is amending 49 CFR 199 as 
follows:

PART 199--DRUG AND ALCOHOL TESTING

    1. The authority citation for part 199 is revised to read as 
follows:


    Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60117, and 
60118; 49 CFR 1.53.


Sec. 199.25  [Amended]

    2. Paragraph (d) of Sec. 199.25 is revised to read as follows:


Sec. 199.25  Reporting of anti-drug testing results.

* * * * *
    (d) Each report shall be signed by the Operator's anti-drug manager 
or designated representative. RSPA will allow the operator the option 
of sending the report on the computer disk provided by RSPA. If this 
option is used, a signature page attesting to the validity of the 
information on the computer disk must be sent to the address in 
paragraph (b) of this section.
* * * * *


Sec. 199.229  [Amended]

    3. Paragraph (c) of 199.229 is revised to read as follows:


Sec. 199.229  Reporting of alcohol testing results.

* * * * *
    (c) Each report, required under this section, shall be submitted to 
the Office of Pipeline Safety, Research and Special Programs 
Administration, Department of Transportation, room 2335, 400 Seventh 
Street, SW., Washington, DC 20590. RSPA will allow the operator the 
option of sending the report on the computer disk provided by RSPA. If 
this option is used, a signature page attesting to the validity of the 
information on the computer disk must be sent to the address in this 
section.
 * * * * *
    Issued in Washington, D.C. on December 6, 1996.
Kelley S. Coyner,
Deputy Administrator, Research and Special Programs Administration.
[FR Doc. 96-31488 Filed 12-11-96; 8:45 am]
BILLING CODE 4910-60-P