[Federal Register Volume 62, Number 114 (Friday, June 13, 1997)] [Notices] [Page 32400] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-15542] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration (FHWA) Availability of Implementation Guidelines AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The FHWA has published implementation guidelines on how to set up an alcohol and drug testing program. This notice provides the public with the address and telephone number where these guidelines may be obtained. The FHWA urges motor carriers to obtain these guidelines to ensure they have set their programs to be in compliance with the FHWA's rules and guidance. FOR FURTHER INFORMATION CONTACT: Order Desk, National Technical Information Service, U.S. Department of Commerce, 5285 Port Royal Road, Springfield, VA 22161; telephone (703) 487-4650, or Neill Thomas, Office of Motor Carrier Research and Standards, FHWA, (202) 366-1790. SUPPLEMENTARY INFORMATION: Implementation Guidelines In response to passage of the Omnibus Transportation Employee Testing Act of 1991, the FHWA has published regulations prohibiting controlled substances use and alcohol misuse and modified other current regulations. The regulations at 49 CFR part 382, ``Controlled Substances and Alcohol Use and Testing,'' replaced 49 CFR part 391, subpart H, ``Controlled Substances Testing.'' In addition, the Department of Transportation (DOT) has issued 49 CFR part 40, ``Procedures for Transportation Workplace Drug and Alcohol Testing Programs,'' which prescribes testing methods to be followed. The FHWA has developed the implementation guidelines to assist motor carriers in implementing the regulations. The ultimate goal of the regulations, for the FHWA and the motor carrier industry, is to achieve a controlled substances-and alcohol-free work force in the interest of the health and safety of employers, drivers, and the public. These implementation guidelines are the FHWA's ``small entity compliance guide.'' The guidelines were called for by the Contract With America Advancement Act of 1996 (Pub. L. 104-121, Title III, Subtitle A, March 29, 1996). As allowed by this Act, the content of this small entity compliance guide may be considered, upon judicial review, as evidence in support of the reasonableness or appropriateness of any proposed fines, penalties, or damages of an FHWA civil or administrative action. These guidelines are written as if a motor carrier has no controlled substances and/or alcohol testing program already in place. It provides a logical sequence for implementing the various elements of a successful program and contains examples of documents, checklists, forms, and procedures that may be used by individual motor carriers in formulating their programs. The required elements of a controlled substances use and alcohol misuse program discussed in the guidelines are: (1) Policy and procedure development; (2) Driver education and supervisor training; (3) Urine specimen collection and testing; (4) Breath and saliva sample collection and testing; and (5) Recordkeeping and reporting. The guidelines may be purchased through the National Technical Information Service (NTIS), U.S. Department of Commerce, 5285 Port Royal Road, Springfield, VA 22161; telephone (703) 487-4650. The NTIS has assigned order No. PB 96-197926 to the publication. Initial prices are: Hard copy--price code A16--$49.00; Microfiche--price code A03-- $19.50. Authority: 23 U.S.C. 315 and 49 CFR 1.48. Issued on: June 4, 1997. Jane Garvey, Acting Administrator, Federal Highway Administration. [FR Doc. 97-15542 Filed 6-12-97; 8:45 am] BILLING CODE 4910-22-P