[Federal Register Volume 66, Number 117 (Monday, June 18, 2001)]
[Notices]
[Pages 32862-32863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15332]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration


Controlled Substances and Alcohol Testing Management Information 
System (MIS) Statistical Data

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

[[Page 32863]]


ACTION: Notice.

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SUMMARY: The FMCSA announces the motor carrier industry's 1999 
controlled substances and alcohol usage rates based on testing data 
submitted by a random sample of motor carriers. The positive rate for 
controlled substances was 1.3 percent in calendar year 1999. The 
alcohol ``violation'' rate was 0.2 percent in 1999. Because the 
positive rate from controlled substances testing has remained above 1.0 
percent during this same period, the FMCSA will maintain the random 
controlled substances testing rate for calendar year 2001 at 50 
percent, in accordance with FMCSA regulations. Because the alcohol 
testing violation rate has remained below 0.5 percent for 1999, the 
FMCSA announces that it is maintaining the random alcohol testing rate 
for calendar year 2001 at 10 percent, in accordance with the provisions 
of the testing regulations. This lowered rate continues the DOT policy 
set in 1998 when data supported the same policy decision. This notice 
continues the existing policy. It is effective until further notice.

FOR FURTHER INFORMATION CONTACT: For enforcement questions: Mr. Kenneth 
Rodgers, Office of Enforcement and Compliance (MC-ECE), 202-366-4016; 
for substance questions: Mr. David M. Lehrman, Office of Policy, Plans 
and Regulations (MC-PRR), 202-366-0994; for statistical questions: Mr. 
Richard Gruberg, Office of Data Analysis and Information Systems (MC-
RIA), 202-366-2959; for legal questions, Mr. Michael Falk, Office of 
the Chief Counsel (MC-CC), 202-366-1384, Federal Motor Carrier Safety 
Administration, 400 Seventh Street, SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Background

    On December 23, 1993 (58 FR 68220), the FHWA (the predecessor 
agency to the FMCSA) announced it would require motor carriers subject 
to 49 CFR part 391, later replaced by part 382, to implement and 
maintain specific controlled substance testing data, and submit an 
appropriate annual report when requested. All motor carriers must 
maintain this information. The FHWA randomly selected a sample of motor 
carriers annually and asked those selected to submit their data.
    On February 15, 1994 (59 FR 7484), the FHWA promulgated new 
controlled substances and alcohol testing rules in 49 CFR part 382. 
These rules combined the controlled substances annual report with a 
similar alcohol rule ``violation'' annual report. Alcohol rule 
violations for purposes of the annual report are alcohol concentrations 
of 0.04 or greater and refusals to submit to alcohol testing.
    On March 13, 1995, the FHWA amended the rules to reduce the 
information collection burden on all respondents, including small 
entities (60 FR 13369).
    The current rule at Sec. 382.403, formerly at 49 CFR 391.87(h), is 
essential for the accomplishment of the following four goals:
    1. Collection of controlled substances and alcohol testing 
statistical data.
    2. Using the data to analyze the FMCSA's current approach to 
deterring and detecting illegal controlled substances use and alcohol 
misuse in the motor carrier industry.
    3. Determining each calendar year's random selection rates for 
alcohol and controlled substances testing under the rule.
    4. Providing for a more efficient and effective regulatory program.
    In 1995, the FHWA requested a sample of motor carriers to report 
data collected in 1994. The FHWA determined the random positive 
controlled substances usage rate for commercial motor vehicle (CMV) 
drivers subject to 49 CFR part 391, subpart H, for the period of 
January 1, 1994, through December 31, 1994, was 2.6 percent. Based on 
data collected in subsequent years, this rate was determined to be 2.8 
percent in 1995 and 2.2 percent in 1996.
    Estimates of positive usage rates for alcohol were first produced 
for calendar year 1995. The alcohol testing ``violation'' rate was 0.14 
percent in 1995, and 0.18 percent in 1996.
    The criteria for raising or lowering the random testing rates are 
established by regulation. Under 49 CFR Sec. 382.305(d)(1), when the 
minimum annual percentage rate for random alcohol testing is 25 percent 
or more, the FMCSA Administrator may lower the rate to 10 percent of 
all driver positions if the Administrator determines that the data 
received under the reporting requirements of Sec. 382.403 for two 
consecutive years indicate that the violation rate is less than 0.5 
percent.
    Based upon this authority, and because the violation rate was below 
0.5 percent for two consecutive years, the FHWA announced it was 
lowering the random alcohol testing rate for calendar year 1998 to 10 
percent. The random controlled substances testing rate remained 50 
percent. On January 14, 1998 (63 FR 2172) the agency published this 
policy in a notice including an extensive appendix C explaining the 
methodology used to estimate the controlled substances positive and 
alcohol violation rates.
    The controlled substances usage rate based on 1998 survey data was 
1.5 percent. The alcohol violation rate for 1998 was 0.4 percent.
    This notice announces the results of data collected for the 1999 
FMCSA Drug and Alcohol Surveys. These surveys, conducted annually, 
measure the percentage of CDL drivers testing positive for controlled 
substances (as defined in 49 CFR Sec. 40.21) and/or alcohol, based on 
both random and nonrandom testing. The survey data are collected from a 
random sample of motor carrier annual drug and alcohol testing 
summaries. Because the positive rate from random controlled substances 
testing has remained above 1.0 percent during this period, the FMCSA is 
maintaining the random controlled substances testing rate for calendar 
year 2001 at 50 percent, in accordance with 49 CFR Sec. 382.305(g). The 
FMCSA is also maintaining the random alcohol testing rate for calendar 
year 2001 at 10 percent, in accordance with 49 CFR 382.305(d)(1).

    Issued on: June 11, 2001.
Stephen E. Barber,
Acting Deputy Administrator.
[FR Doc. 01-15332 Filed 6-15-01; 8:45 am]
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