[Federal Register Volume 69, Number 93 (Thursday, May 13, 2004)]
[Notices]
[Page 26641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10810]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Drug Testing Procedures

AGENCY: Office of the Secretary (OST), U.S. Department of 
Transportation (DOT).

ACTION: Informational Notice: HHS Drug Testing Proposals.

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SUMMARY: The Department of Transportation (DOT) is issuing this notice 
to call to the attention of employers, employees, testing service 
agents, and other interested persons in its transportation industry 
drug testing program a notice proposing important new Department of 
Health and Human Services (HHS) drug testing procedures. Because of the 
close relationship between HHS and DOT drug testing procedures, 
participants in the DOT transportation industry drug testing program 
should be aware of important issues that HHS is considering, which may 
later affect the DOT testing program.
    Comment Closing Date: HHS is considering comments on its proposal 
through July 12, 2004.

ADDRESSES: Comments on the HHS proposal should be sent directly to HHS. 
The following are HHS'' instructions to commenters on how and where to 
submit comments:
    You may submit comments, identified by Docket Number 04-7984, by 
any of the following methods:
     E-mail: [email protected]. Include docket number and/or RIN 
number in the subject line of the message.
     Fax: (301) 443-3031.
     Mail: 5600 Fishers Lane, Rockwall II, Suite 815, 
Rockville, Maryland 20857.
     Hand Delivery/Courier: 5515 Security Lane, Suite 815, 
Rockville, Maryland 20852.
     Information Collection Requirements: Submit comments to 
the Office of Information and Regulatory Affairs, OMB, New Executive 
Office Building, 725 17th Street, NW., Washington, DC 20502, Attn: Desk 
Officer for SAMHSA. Because of delays in receipt of mail, comments may 
also be sent to (202) 95-6974 (fax).
     Instructions: All submissions received must include the 
agency name and docket number or Regulatory Information Number (RIN) 
for this rulemaking. All comments will be available for public review 
at 5515 Security Lane, Suite 815, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: The HHS informational contact on this 
rulemaking is Walter F. Vogl, Ph.D., Drug Testing Section, Division of 
Workplace Programs, CSAP, 5600 Fishers Lane, Rockwall II, Suite 815, 
Rockville, Maryland 20857, (301) 443-6014 (voice), (301) 443-3031 
(fax), [email protected] (e-mail). The DOT contacts on drug testing 
procedure issues are Jim Swart, Acting Director, Office of Drug and 
Alcohol Policy Compliance, 400 7th Street, SW., Washington DC 20590, 
phone (202) 366-3784; e-mail [email protected]; and Robert C. 
Ashby, Deputy Assistant General Counsel for Regulation and Enforcement, 
same address, phone (202) 366-9310; e-mail [email protected].

SUPPLEMENTARY INFORMATION: The Department of Health and Human Services 
(HHS) has issued an important notice proposing to revise its Mandatory 
Guidelines for Federal Workplace Drug Testing programs [69 FR 19673; 
April 13, 2004]. Interested persons may access the HHS document on the 
Internet at the following URL: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-7984.pdf. In their 
summary of the document HHS states, ``The Department of Health and 
Human Services is proposing to establish scientific and technical 
guidelines for the testing of hair, sweat, and oral fluid specimens in 
addition to urine specimens; scientific and technical guidelines for 
using on-site tests to test urine and oral fluid at the collection 
site; requirements for the certification of instrumented initial test 
facilities; and added standards for collectors, on-site testers, and 
medical review officers.''
    This HHS proposal does not propose to amend the drug testing 
requirements and procedures that apply to the Department of 
Transportation drug testing program for DOT-regulated industries (49 
CFR Part 40). Nevertheless, we believe that employers, employees, and 
testing service providers involved in the DOT testing program should be 
aware of the HHS notice. We recommend that DOT program participants 
review the HHS proposals and, if they have views or concerns to 
express, comment on the notice to HHS. The reason for this suggestion 
is that there is a close relationship between the HHS Mandatory 
Guidelines and the DOT testing procedures in 49 CFR Part 40.
    Part 40, first issued in 1988, incorporated the substance of 
original HHS Guidelines, adapting the HHS provisions to the 
transportation workplace. In 1991, Congress enacted the Omnibus 
Transportation Employee Testing Act. This statute recognized the 
existing close relationship between the HHS guidelines and Part 40. The 
statute requires DOT to ``incorporate'' the HHS guidelines and 
amendments to them into DOT testing procedures, while leaving DOT 
sufficient authority to tailor its own program. Because of this 
statutorily recognized relationship between these guidelines and Part 
40, any HHS final rule resulting from its current proposal, while not 
directly regulating transportation industry employers, will necessarily 
have to be considered by the Department of Transportation in the 
context of potential future revisions to Part 40.
    We urge interested persons to read the HHS document carefully and 
to provide any comments directly to the HHS Docket.

    Issued this 5th day of May, 2004, at Washington DC.
Jim L. Swart,
Acting Director, Office of Drug and Alcohol Policy and Compliance.
[FR Doc. 04-10810 Filed 5-12-04; 8:45 am]
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