[Federal Register Volume 66, Number 131 (Monday, July 9, 2001)]
[Notices]
[Pages 35825-35826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17099]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2001-9664]


Drug Test Results Study

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

ACTION: Notice; request for comments.

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

SUMMARY: The Motor Carrier Safety Improvement Act of 1999 (MCSIA) 
directed the Federal Motor Carrier Safety Administration (FMCSA) to 
conduct a study and report to the Congress on the feasibility and 
merits of requiring Medical Review Officers and employers to report 
verified positive drug test results for CDL drivers to the State that 
issued the driver's license. The FMCSA is initiating a study on this 
issue and invites public comments on issues relating to the potential 
impact on all affected parties of implementing this potential 
requirement.

DATES: Please submit comments on or before August 8, 2001.

ADDRESSES: Mail or hand deliver comments to the U.S. Department of 
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh 
Street, SW., Washington, DC 20590, or submit electronically at http://dmses.dot.gov/submit. Please specify the number you are commenting on 
before listing your comments. All comments received will be available 
for examination and copying at the above address between 9 a.m. and 5 
p.m., et., Monday through Friday, except Federal holidays. Those 
desiring notification of receipt of comments must include a self-
addressed, stamped envelope or postcard or you may print the 
acknowledgment page that appears after submitting comments 
electronically.

FOR FURTHER INFORMATION CONTACT: For information about the status of 
this Notice, you may contact Ms. Kaye Kirby, Office of Bus and Truck 
Standards and Operations, (202) 366-3109; for information about legal 
issues related to this notice, Mr. Michael Falk, Office of the Chief 
Counsel, (202) 366-1384, FMCSA, Department of Transportation, 400 
Seventh Street, SW., Washington, DC 20590. Office hours are from 7:45 
a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal 
holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments on the Document Management System 
(DMS) website at: http://dmses.dot.gov.

Background

    Section 226 of the Motor Carrier Safety Improvement Act of 1999 
(MCSIA) (Public Law 106-159, 113 Stat. 1748) requires the Secretary of 
Transportation to conduct a study of the feasibility and merits of 
requiring Medical Review Officers or employers to report all verified 
positive controlled substances test results on any driver subject to 
controlled substances testing in 49 CFR part 382 to the State where the 
driver is licensed. In addition to the reporting requirement, this 
potential provision would require prospective employers to query the 
State that issued the CDL to determine if the State had any record of a 
verified positive drug test on such driver before hiring any driver. 
The MCSIA further required the Secretary to report on the study, 
together with any recommendations the Secretary determines appropriate, 
to Congress no later than two years after enactment of the law.
    In carrying out this study, Congress directed the Secretary to 
conduct an assessment to identify methods for safeguarding the 
confidentiality of verified drug test results. In addition, the 
Secretary was asked to examine the costs, benefits, and safety impacts 
of requiring States to maintain records of verified positive drug test 
results; and whether a process should be established to allow drivers 
to correct errors in their records and to expunge information from 
their records after a reasonable period of time.
    Comments and suggestions are invited concerning the feasibility, 
and merits of employers and Medical Review Officers reporting positive 
drug test results to the State that issued the driver's CDL and the 
burden imposed by such a reporting requirement on the employers, State, 
and others. Of concern are operational, legal, confidentiality, and 
financial issues as well as the type of database,

[[Page 35826]]

database access, and database management that would be required.

Comments

    Comments are requested specifically on the following questions:
    (1) What impact would this requirement have on the motor carrier 
industry, drivers, Medical Review Officers, safety advocates, the 
States and other interested parties?
    (2) What would be the benefits, costs, and safety impacts of 
requiring States to maintain records of verified positive drug test 
results?
    (3) How would such a national record-keeping system safeguard the 
confidentiality of verified drug test results? What systems or 
methodology could do so?
    (4) Should a process be established to allow drivers to correct 
errors in their records and to expunge information from their records 
after a reasonable period of time? What would be considered a 
reasonable period of time? What documentation would be adequate to 
justify expunging such a record?
    (5) What are the potential costs involved in implementing this 
program for each State?
    (6) What are the benefits of having verified positive drug test 
results housed in a database so that each prospective employer would be 
required before hiring any driver to query the State that issued the 
commercial drivers license (CDL)? What are the disadvantages?
    (7) What type of database should be used? Under what conditions 
should the information be released? Who should have access to this 
information?
    (8) Who should own and/or house the database?
    (9) Should the database be centralized or distributed at the State 
level?
    (10) How could we safeguard the confidentiality of verified drug 
test results?
    (11) Are there States that currently have a program in place where 
verified positive drug test results are submitted to them? If so, what 
are their experiences and challenges?

    Authority: 49 U.S.C. 31306; sec. 226, Pub. L. 106-159, 113 Stat. 
1748; and 49 CFR 1.73.

    Issued on: July 2, 2001
Brian M. McLaughlin,
Acting Deputy Administrator.
[FR Doc. 01-17099 Filed 7-6-01; 8:45 am]
BILLING CODE 4910-EX-P