[Federal Register Volume 63, Number 130 (Wednesday, July 8, 1998)]
[Rules and Regulations]
[Pages 36862-36863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17720]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 199

[RSPA Docket PS-128; Amendment 199-15]
RIN 2137-AC84


Drug and Alcohol Testing; Substance Abuse Professional Evaluation 
for Drug Use; Correction

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

ACTION: Final rule; correction.

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SUMMARY: On March 17, 1998, RSPA published a final rule in the Federal 
Register (63 FR 12998) titled ``Drug and Alcohol Testing; Substance 
Abuse Professional Evaluation for Drug Use.'' This final rule modified 
procedures in its drug testing regulations by requiring a face-to-face 
evaluation by substance abuse professionals (SAP) for pipeline 
employees who have either received a positive drug test or have refused 
a drug test required by RSPA. It also revised the word ``employee'' to 
``covered employee'' and added the definition of ``covered function.'' 
This document makes minor corrections to restore text that was in the 
original version of the regulations, but was inadvertently left out of 
the Final Rule.

DATES: Effective on July 8, 1998.

FOR FURTHER INFORMATION CONTACT: Catrina M. Pavlik, Drug/Alcohol 
Program Analyst, Research and Special Programs Administration, Office 
of Pipeline Safety, Room 2335, 400 Seventh Street, SW, Washington, DC 
20590. Telephone: (202) 366-6199, Fax: (202) 366-4566, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Correction of Publication

    When RSPA published the final rule in the Federal Register, it 
inadvertently left out text that was stated in the original version of 
the regulations. This text was in the original version of the 
regulations and was inadvertently left out of the final rule text, so 
RSPA does not need further rulemaking action to correct the text. This 
final rule corrects the text. RSPA regrets any confusion the omission 
may have caused. Accordingly, the publication on March 17, 1998, of the 
final rule, Federal Register Doc. 98-6859 (63 FR 12998), is corrected 
as follows:


Sec. 199.7  [Corrected]

    1. On page 13000, in the second column, add amendatory instruction 
2a and an amendment to Sec. 199.79(a)(3) to read as follows:
    2a. Section 199.7 is amended by revising paragraph (a)(3) to read 
as follows:


Sec. 199.7  Anti-drug plan.

* * * * *
    (a) * * *

[[Page 36863]]

    (3) The name and address of the operator's Medical Review Officer, 
and Substance Abuse Professional; and
* * * * *
    2. On page 13000, in the second column, in Sec. 199.11, paragraph 
(e) is correctly revised as follows:


Sec. 199.11  Drug tests required.

* * * * *
    (e) Return to duty testing. A covered employee who refuses to take 
or has a positive drug test may not return to duty in the covered 
function until the covered employee has been evaluated face-to-face by 
a SAP, has properly followed any prescribed assistance, has passed a 
return-to-duty drug test administered under this part, and the SAP has 
determined that the employee may return to duty.
* * * * *


Sec. 199.15  [Corrected]

    3. On page 13000, in the second column, add amendatory instruction 
3a and an amendment to Sec. 199.15 to read as follows:
    3a. Section 199.15 is amended by removing paragraphs (c)(3) and 
(c)(4) and by redesignating paragraph (c)(5) as (c)(3).

    Issued in Washington, DC, on June 29, 1998.
Kelley S. Coyner,
Deputy Administrator.
[FR Doc. 98-17720 Filed 7-7-98; 8:45 am]
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