[Federal Register Volume 67, Number 52 (Monday, March 18, 2002)]
[Notices]
[Pages 12077-12078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6357]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. OST-2002-11831]


Establishment of the DOT Electronic Transmission and Storage of 
Drug Testing Information Advisory Committee

AGENCY: Office of the Secretary, Department of Transportation.

ACTION: Notice.

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SUMMARY: The Secretary of Transportation is establishing the Department 
of Transportation (DOT) Electronic Transmission and Storage of Drug 
Testing Information Advisory Committee. The purpose of the committee is 
to recommend to the Department the type and level of electronic 
security that should be used for the transmission and storage of drug 
testing information generated as part of the DOT drug and alcohol 
testing program regulated by 40 CFR part 40 (65 FR 79462). 
Additionally, the Committee may examine and provide advice to the DOT 
related to the format and methodology used in transmitting this type of 
information as well as the levels and procedures to use in implementing 
electronic signature technology within the context of the drug and 
alcohol program.

FOR FURTHER INFORMATION CONTACT: Don Shatinsky, Office of Drug and 
Alcohol Policy and Compliance (ODAPC), Office of the Secretary, 
Department of Transportation, (202) 366-3784, fax (202) 366-3897 or 
Roberta Fede, Committee Management Officer, Executive Secretariat, 
Department of Transportation, (202) 366-9764.

SUPPLEMENTARY INFORMATION: In accordance with the requirements of the 
Federal Advisory Committee Act (FACA), 5 U.S.C. Appendix 2, notice is 
hereby given that on December 11, 2001, the Secretary of Transportation 
approved establishment of the Electronic Transmission and Storage of 
Drug Testing Information Advisory Committee. After consultation with 
the General Services Administration as required by section 9(a)(2) of 
FACA and 41 CFR 102-3.65, the Secretary certifies that he has 
determined that the establishment of the Committee is in the public 
interest in connection with the performance of duties imposed on the 
DOT by law and specifically by the Omnibus Transportation Employee 
Testing Act of 1991.
    The committee will be composed of approximately 20 members 
appointed by the Secretary from interested parties within the public. 
The Committee's members will be chosen to ensure a fairly balanced 
membership to bring into account a diversity of viewpoints, expertise, 
and backgrounds. Representation will include the technical and computer 
industry, drug testing laboratories, medical review officers (MRO), 
labor, trade and labor associations, and employers. The Committee will 
provide advice and recommendations to the Department related to the 
level and type of electronic security that the Department should 
require in the use of electronic transmission and storage of drug 
testing information. Additionally, the

[[Page 12078]]

Committee may look at the specific formats that may be required to 
provide consistency in the reporting process, the methodology used, 
e.g., e-mail versus web based, and the application of electronic 
signatures in the overall process of reporting this sensitive 
information. Currently, there are approximately 8.3 million 
transportation workers in safety-sensitive positions requiring drug 
testing. All results of drug tests, including negative, positive, 
adulterated, substituted, and invalid are reported by laboratories 
directly to physicians (i.e., MROs), who subsequently send final test 
results to employers. In the majority of cases, laboratory results and 
MRO verification results are sent by U.S. mail or courier, generating 
substantial paper work requirements.
    To alleviate some of the paper work burden, when 49 CFR part 40 was 
revised on December 19, 2000, the use of faxed and electronic reporting 
of some of the drug testing results was authorized, provided that the 
laboratory and MRO ensured that the information is transmitted in such 
a manner as to prevent unauthorized access or release while it is 
transmitted or stored. However, no particular standards or guidelines 
were provided to ensure that laboratories and MROs used adequate, but 
secure, methods to transmit and store this sensitive information. The 
Committee will examine the current state of the art for electronic 
security and identify those methods which will adequately ensure 
security, but at the same time provide reasonable cost in its 
implementation.
    Copies of the Committee's charter were filed with the appropriate 
committees of the Congress and with the Library of Congress in 
accordance with section 9(c) of the FACA, 5 U.S.C. Appendix 2. In 
accordance with requirements of the FACA, the DOT will keep records of 
all Committee meetings and will make them available to the public. 
Based on the charter of the Committee, it is envisioned that the 
Committee will meet approximately three times within the next year. 
Meeting times and places will be published in the Federal Register.

    Dated: March 12, 2002.
Kenneth C. Edgell,
Acting Director, Office of Drug and Alcohol Policy and Compliance, 
Department of Transportation.
[FR Doc. 02-6357 Filed 3-15-02; 8:45 am]
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