[Federal Register Volume 67, Number 79 (Wednesday, April 24, 2002)]
[Notices]
[Pages 20196-20198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10033]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket OST-02-12148]


Electronic Transmission and Storage of Drug Testing Information 
Federal Advisory Committee; Meeting

AGENCY: Office of the Secretary, Department of Transportation.

ACTION: Notice of Federal Advisory Committee meeting.

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SUMMARY: Pursuant to the Federal Advisory Committee Act (Pub. L. 92-
463, 86 Stat. 770) notice is hereby given that the Department of 
Transportation (DOT) Electronic Transmission and Storage of Drug 
Testing Information Federal Advisory Committee will meet in a public 
session on June 17-18, 2002, at the J.W. Marriott Hotel, 1331 
Pennsylvania Avenue, NW., Washington, DC 20004. 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, to assess the type of format and 
methodology that would be appropriate, and to recommend the level and 
type of electronic signature technology that would support the 
procedures used in the DOT drug and alcohol program.

DATES AND TIME: The Electronic Transmission and Storage of Drug Testing 
Information Federal Advisory Committee will meet in open session on 
June 17, 2002, from 8 a.m. to 5 p.m. and on June 18, 2002, from 8 a.m. 
to 2 p.m.

ADDRESSES: The meeting will take place at the J.W. Marriott Hotel, 1331 
Pennsylvania Avenue, NW., Washington, DC 20004. The hotel is two blocks 
from the Metro Center stop and can be reached by using the 13th Street 
exit. Attendees, other than Committee members, who need lodging may 
obtain a discounted room rate directly from the hotel by referring to 
the ``DOT Federal Advisory Committee'' meeting. The hotel telephone 
number is (202) 393-2000. A limited number of rooms will be available 
at the discounted rate and reservations must be made by May 24, 2002.

FOR FURTHER INFORMATION CONTACT: Don Shatinsky, Office of Drug and 
Alcohol Policy and Compliance (ODAPC), Office of the Secretary, 
Department of Transportation, at voice (202) 366-3784, fax (202) 366-
3897. A list of the committee members may be obtained from Minnie 
McDonald, ODAPC, at (202) 366-3784 and a copy will be posted in the 
docket.

SUPPLEMENTARY INFORMATION: The Department established its Procedures 
for Transportation Workplace Drug and Alcohol Testing Programs (49 CFR 
part 40) in 1989 and added alcohol testing to the rule in 1994. Part 40 
provides uniformity in how drug and alcohol tests are conducted 
throughout the transportation industry and protects the integrity and 
confidentiality of the process. Thorough documentation is necessary to 
support all test results and any subsequent legal challenges. Since the 
beginning of drug testing, the DOT has sought ways to reduce the 
significant amount of paper documentation generated for the forensic 
accountability of drug test results. We are now in an era of various 
electronic capabilities which can further reduce the paper work burden. 
The transportation industry is asking us to move more in that 
direction. We want to accommodate this request, but we want to make 
sure that the integrity and confidentiality requirements of the program 
are maintained.
    There are approximately 55 drug testing laboratories currently 
certified by the Department of Health and Human Services (HHS) to 
conduct drug testing for the transportation industry and for Federal 
agencies. Approximately 8.3 million transportation workers are in 
safety-sensitive designated positions requiring drug testing. All 
laboratories report DOT-mandated test results directly to physicians, 
designated as medical review officers (MRO). Under the original Part 
40, these results were sent by mail or courier, generating substantial 
paper work requirements. The Department made modest changes when 49 CFR 
part 40 was updated and republished on December 19, 2000. We permitted 
greater use of faxes and scanned computer images for reporting test 
results. Additionally, for negative test results we permitted 
laboratories to send electronic reports to MROs, provided the 
laboratory and MRO

[[Page 20197]]

ensured that the information is accurate and can be transmitted in such 
a manner as to prevent unauthorized access or release while it is 
transmitted or stored.
    On June 15 and August 4, 2000, the Department, together with the 
Office of Management and Budget and HHS, held two public discussions 
related to development of ``paperless'' laboratories and implementation 
of electronic reporting by laboratories of drug testing results. 
Approximately 130 individuals participated in these meetings and in 
several informal working groups that were set up to review the current 
``state of the art'' for secure transmission and storage of electronic 
information. The meetings' conclusions were twofold: One, there exist 
numerous effective and workable methods for the security of electronic 
transmission and storage of information; two, because of the array of 
methodologies existing, it is essential for the Department to establish 
minimum standards for the entire process. Many participants expressed 
interest in future participation as members of a Federal Advisory 
Committee to assist the Department and HHS in addressing issues of 
common interest and the impact of electronic documentation reporting 
and storage on forensic workplace drug testing.
    The Department believes that the increased use of electronic 
reporting is both inevitable and beneficial. At the same time, we want 
to make sure that there are good, consistent minimum standards for the 
use of this technology, in order to protect the important integrity and 
confidentiality requirements of the program. For these reasons, DOT 
established the Electronic Transmission and Storage of Drug Testing 
Information Federal Advisory Committee. The purpose of the Committee is 
to recommend regulatory modifications it deems necessary if Part 40 is 
to accommodate newer electronic technology. The Committee will assess 
the current status of electronic security technology and will make 
recommendations about consistent minimum standards for its use in the 
transmission and storage of drug testing results. Additionally, the 
Committee will examine the formats and methodologies used in 
transmitting electronic information, as well as the concept, 
parameters, and procedures used in implementing electronic signature 
technology within the frame work of the DOT drug and alcohol testing 
program. The Committee will advise DOT regarding these findings. The 
Department anticipates that, following the receipt of the Committee's 
final recommendations, DOT will propose changes to Part 40 through a 
notice of proposed rulemaking that will result in minimum standards for 
security in transmission and storage of drug testing information and 
would result in a more widespread use of electronic technology in the 
program.
    This will be the first meeting of the Committee. Two additional 
meetings are projected during the next 12 to 18 months. During the last 
meeting, the Committee will make final recommendations to the 
Department. Matters for discussion at the first meeting will be a 
review of the current laboratory procedures and data elements that are 
required as part of the laboratory reporting process, examination of 
the current state of the art in electronic transmission and storage 
security, a review of costs associated with the various options 
currently available, and implementation issues that will need to be 
considered to ensure that the transportation industry and the various 
parties supporting the industry's drug and alcohol testing program can 
meet the recommended minimum standards. In subsequent meetings, the 
Committee may also address the uses and limitations of electronic 
signature technology and issues related to its legal acceptability.

Tentative Agenda

    Monday, June 17, 2002: 08:30 a.m.--Welcoming Comments and 
Introduction of the committee members; 9 a.m.--Summary of DOT Drug 
Testing and Update on Current Procedures Used by Laboratories; 10:30 
a.m.--Discussion of Current Electronic Security Methodologies; 12 
p.m.--Lunch; 1:15 p.m.--Current MRO Electronic Reporting; 3:30 p.m.--
Public Comments or Presentations; 5:00 p.m.--End of First Day. Tuesday, 
June 18, 2002: 08:00 a.m.--Discussion of Options for Committee 
Consideration; 10:30 a.m.--Developing Committee Actions Needed for the 
Next Meeting; 12:00 p.m.--Closing Comments; 2:00 p.m.--End of Meeting.
    The meeting will be open to the public on a first-come first-seated 
basis. Anyone needing special accommodations for persons with 
disabilities, please notify Minnie McDonald at (202) 366-3784 at least 
two weeks prior to the meeting.
    Members of the public wishing to file a written statement with the 
DOT Electronic Transmission and Storage of Drug Testing Information 
Federal Advisory Committee may do so by submitting comments by mail or 
by delivering them to the Docket Clerk, Attn: Docket No. OST-02-12148, 
Department of Transportation, 400 7th Street, SW., Room PL-401, 
Washington, DC, 20590. Comments may also be faxed to the Docket Clerk 
at (202) 493-2251. Persons wishing their comments to be acknowledged 
should enclose a stamped, self-addressed postcard with their comments. 
The docket clerk will date stamp the postcard and return it to the 
sender. For the convenience of persons wishing to review the docket, it 
is requested that paper comments be sent in triplicate in an unbound 
format, no larger than 8\1/2\ by 11 inches, suitable for copying and 
electronic filing. Comments may be reviewed at the above address from 9 
a.m. through 5 p.m. Monday through Friday. Commenters may also submit 
their comments electronically. Instructions for electronic submission 
may be found at the following Web address: http://dms.dot.gov/submit/. 
The public may also review docket comments electronically. The 
following web address provides instructions and access to the DOT 
electronic docket: http://dms.dot.gov/search/. Please use only one 
method for submission of your comments. Please do not send duplicates 
by submitting a written and an electronic version.
    There will be a time allocated for the public to speak on any of 
the above agenda items. Please make your request for the opportunity to 
make a public comment in writing to Minnie McDonald, ODAPC, at (202) 
366-3784, FAX (202) 366-3897, or e-mail address: 
[email protected]/ two weeks prior to the meeting. Your 
notification should contain your name and corporate designation, 
consumer affiliation, or government designation. Please include your 
address, telephone number and e-mail in case there is reason to contact 
you regarding your presentation. Those wanting to make a verbal 
statement should also include a short statement describing the topic to 
be addressed. Requestors will ordinarily be allowed up to 10 minutes to 
present a topic, however, the time may be limited depending on the 
number of requestors. If you have submitted a written statement to the 
docket, there is no need to subsequently duplicate this information by 
an oral presentation.
    The Department would be interested in hearing from the public about 
their experiences with use of electronic security systems, their 
effectiveness, problems with initiating such systems, initial cost and 
maintenance of the systems, practicality of use for small businesses, 
and any other factors that the Committee should review as part of its 
final recommendation to DOT. Please note that the Committee will not 
specifically address the ``paperless

[[Page 20198]]

laboratory'' concept, since that process will require new rule making 
and will need to address issues such as use of electronic technology to 
fulfill legal requirements for evidential chain of custody procedures. 
The Committee will be looking at the broad application of electronic 
security technology as a general concept and not necessarily assessing 
specific current products on the market. However, entities wanting to 
address specific technologies and products may submit a short product 
description and performance data to the docket for the Committee's 
review.
    The Committee meeting will be recorded and transcribed. Within a 
short time after the meeting, copies of the transcripts will be 
available on the DOT electronic docket.

    Dated: April 18, 2002.
Kenneth C. Edgell,
Acting Director, Office of Drug and Alcohol Policy and Compliance, 
Department of Transportation.
[FR Doc. 02-10033 Filed 4-23-02; 8:45 am]
BILLING CODE 4910-62-P