[Federal Register Volume 66, Number 163 (Wednesday, August 22, 2001)]
[Notices]
[Pages 44203-44204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21227]


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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; extension of comment period.

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SUMMARY: The FMCSA extends this notice's comment period until September 
8, 2001. This is in response to two petitions for an extension of the 
comment period. The Motor Carrier Safety Improvement Act of 1999 
(MCSIA) directs 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 initiates this study on this 
issue and invites public comments on how the proposed rule will affect 
prospective regulated parties.

DATES: Please submit comments no later than September 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

    On July 9, 2001, we published a notice announcing the initiation of 
a study required by Congress in the Motor Carrier Safety Improvement 
Act of 1999 (Public Law 106-159, 113 Stat. 1748), and seeking comments 
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 (66 FR 35825). 
Respondents to the notice were requested to address a number of 
questions focused on the burden imposed by such a reporting requirement 
on the employers, State, and others. Comments were requested by August 
8, 2001.

Petition for Extension of Comment Period

    On July 13, 2001, the American Trucking Associations (ATA) 
requested a 45 day extension for commenting. The ATA seeks to survey 
and solicit comments from its membership on this issue in an attempt to 
answer the 11 questions posed by the FMCSA in the July 9, 2001 notice. 
They also intend to contact the Federal Aviation Administration to 
investigate the manner in which that agency implemented a similar 
reporting requirement for drug and alcohol-related information 
concerning airline pilots. In addition, they plan to contact the 
numerous States that have explored the feasibility of a similar 
reporting process.
    On July 26, 2001, the Owner-Operator Independent Drivers 
Association (OOIDA) requested a 45 day extension for commenting. The 
OOIDA would like the additional time to contact nearly 66,000 of its 
members who are small business truckers to address and gather 
information on issues related to safety, privacy, and procedure that 
are raised by the questions posed by the FMCSA in the notice.
    The FMCSA finds good cause to extend the notice comment period 
closing date for 30 days, after the previous closing date of August 8, 
2001, based upon the concerns raised by the petitioners. Because the 
agency faces a December 9, 2001 Congressional deadline on this issue, 
the extra 15 days requested by the petitioners cannot be granted. 
Accordingly, the new closing date is September 8, 2001.

Statutory History and Issues

    Section 226 of the Motor Carrier Safety Improvement Act of 1999 
(MCSIA) requires the Secretary of Transportation (Secretary) 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 the 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, 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

[[Page 44204]]

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 database so that each prospective employer would be 
required before hiring any driver to query the State that issued the 
commercial driver's license (CDL)? What are the disadvantages?
    (7) What type of database should be used? Under what conditions 
should the information be released? Who should, or should not, 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?

Julie Anna Cirillo,
Acting Deputy Administrator.
[FR Doc. 01-21227 Filed 8-21-01; 8:45 am]
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