[Federal Register Volume 68, Number 163 (Friday, August 22, 2003)]
[Notices]
[Pages 50826-50827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21603]


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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. No. 
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 for the third 
time in a public session on September 22-23, 2003, at the Key Bridge 
Marriott Hotel, 1401 Lee Highway, Arlington, VA 22209, (703) 524-6400, 
Guest Fax: (703) 524-8964. 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. The Committee has held two previous meetings. A list of the 
committee members and a copy of both meeting's transcripts are 
available in the docket posted on the Internet at http://dms.dot.gov/search/; the docket number is 12148.

FOR FURTHER INFORMATION CONTACT: Kenneth Edgell or Minnie McDonald, 
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.

SUPPLEMENTARY INFORMATION: 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 that 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.
    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 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.
    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

[[Page 50827]]

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.
    The Committee held its first public meeting on June 18-19, 2002 in 
Washington, DC and the second on April 7-8, 2003 in Arlington, VA. The 
first meeting was used to introduce the Committee Members, review the 
purpose of the Committee, and to review some of the issues that the 
Committee needed to address as part of the process to develop 
appropriate recommendations to the DOT. Presentations from the major 
sections of interested stakeholders were conducted by Committee 
members, invited guests, and by the general public. Additionally, three 
sub-committees composed of Committee members were established to 
research, develop, and provide information to the whole Committee at 
future meetings. These sub-committees addressed the following three 
areas: 1. Format of electronic reports; 2. Security of electronic 
transmission and digital signatures; and 3. Storage security of 
electronic information. The second meeting focused on specific 
findings, issues, and recommendations of the sub-committees related to 
these three areas. A complete transcription of all discussions for both 
meetings is available at the above-cited Internet web site. Opportunity 
will be available at the upcoming meeting for the general public to 
comments on information presented by the committee members.
    Tentative agenda: Monday, September 22, 2003, 08:30 a.m.-12 p.m.: 
General presentations by the sub-committee chairpersons, 12 p.m.-1:15 
p.m.: Lunch, 1:15 p.m.-3:30 p.m.--Continued presentations, 3:30 p.m.-5 
p.m.: Public Comments or Presentations, 5 p.m.--End of First Day. 
Tuesday, September 23, 2003, 08:30 a.m.-12:00 p.m.: Discussion of 
Options and Future Committee Actions, 12 p.m.--Closing Comments, 2 
p.m.--End of Meeting. A final agenda will be available to the public 
prior to the beginning of the 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 PL401, 
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 (docket 
number is 12148). 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 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.

Dates and Time:  The Electronic Transmission and Storage of Drug 
Testing Information Federal Advisory Committee will meet in open 
session on September 22, 2003, from 8:30 a.m. to 5 p.m. and on 
September 23, 2003, from 8:30 a.m. to 2 p.m.

ADDRESSES: The meeting will take place at the Key Bridge Marriott 
Hotel, 1401 Lee Highway, Arlington, VA 22209, (703) 524-6400, Guest 
Fax: (703) 524-8964. The hotel is close to the Rosslyn, VA METRO stops 
and can be reached via the blue or yellow lines. 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 reservation telephone number is (800) 
228-9290. A limited number of rooms will be available at the discounted 
rate and reservations must be made by September 11, 2003.

    Dated: August 18, 2003.
Kenneth C. Edgell,
Acting Director, Office of Drug and Alcohol, Policy and Compliance, 
Department of Transportation.
[FR Doc. 03-21603 Filed 8-21-03; 8:45 am]
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