[Federal Register Volume 70, Number 76 (Thursday, April 21, 2005)]
[Notices]
[Pages 20800-20801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8008]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. RSPA-04-19856]


Pipeline Safety: Drug and Alcohol Testing

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
Department of Transportation (DOT).

ACTION: Notice of intent to issue an Advisory Bulletin; request for 
public comment.

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SUMMARY: This notice advises operators of gas, hazardous liquid and 
carbon dioxide pipelines and liquefied natural gas facilities that the 
Pipeline and Hazardous Materials Safety Administration (PHMSA), Office 
of

[[Page 20801]]

Pipeline Safety (OPS), intends to issue an Advisory Bulletin to begin 
collecting annual drug and alcohol testing data for contractor 
employees performing covered functions in the pipeline industry. The 
collection of contractor testing data is necessary for the calculation 
of the minimum annual percent rate for random drug testing, which is 
based on the reported positive rate for the entire industry. No 
regulatory change is necessary because the current rule already 
requires operators to report testing data for covered employees to OPS. 
The Advisory Bulletin will end the deferment period addressed in the 
preamble to the current rule for reporting contractor data and suggest 
a method for reporting the data that minimizes the problems associated 
with duplication. This notice proposes a method for reporting 
contractor data, seeks public comment on the method, and encourages 
suggestions for alternative approaches for reporting contractor testing 
data.

DATES: Comments must be received by June 6, 2005.

ADDRESSES: You must identify docket number RSPA-04-19856. Comments may 
either be mailed to U.S. Department of Transportation, Dockets 
Facility, Plaza 401, 400 7th Street, SW., Washington, DC 20590 or 
submitted electronically at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Sheila Wright, Program Analyst, PHMSA, 
OPS at (202) 366-4554, or by e-mail, [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Under 49 CFR Part 199, each operator having more than 50 covered 
employees must submit an annual Management Information System (MIS) 
report to OPS of its drug and alcohol testing results for covered 
employees by March 15th of each year for the prior calendar year. 
Operators with 50 or less covered employees may be required to submit 
annual MIS reports if notified by OPS in writing. A covered employee is 
a person employed by the operator, a contractor engaged by the 
operator, or a person employed by such a contractor, who performs 
operations, maintenance, or emergency-response functions regulated by 
49 CFR parts 192, 193, or 195.
    In the final rule, 58 FR 68258, Dec. 23, 1993, OPS concluded that 
submission of contractor testing data by operators could result in 
duplicative reporting and inaccurate data. OPS noted that inaccuracies 
could affect the positive rate for the entire industry, thereby 
affecting the minimum annual percent rate for random drug testing. 
Accordingly, OPS deferred collecting contractor testing data, but 
stated that operators must continue to maintain the records required by 
49 CFR Part 199, and ensure their contractors maintain the same. OPS 
also stated that it would re-evaluate the collection of contractor 
testing data and develop a method of collecting to avoid the problem of 
duplication.
    During subsequent meetings of the Technical Pipeline Safety 
Standards Committee and the Technical Hazardous Liquid Pipeline Safety 
Standards Committee, OPS discussed its intent to begin collecting 
contractor testing data. OPS pointed out that it plans to begin 
collecting this data in the 2006 reporting period, and begin any 
necessary enforcement in 2007. Comments at the meetings were supportive 
of the initiative to collect contractor data. Commenters suggested that 
it would be pragmatic for contractors to report their testing data 
directly to OPS. The transcript of the most recent public meeting is 
available in the docket (http://dms.dot.gov) under docket number RSPA-
04-19856.
    OPS does not directly regulate contractors with respect to drug and 
alcohol testing, but places the responsibility on operators to ensure 
all covered employees are tested and that the testing results are 
submitted annually to OPS. Accordingly, pipeline operators monitor 
contractor compliance with drug and alcohol testing requirements as 
required by 49 CFR part 199. Operators use a variety of methods to 
monitor covered contractor employees, such as testing of contract 
employees, requiring contractors to have their own testing programs, or 
working with contractors that belong to drug testing consortium groups.
    Collecting contractor testing data is essential for analyzing OPS's 
approach to detecting and deterring use of controlled substances. The 
information is also necessary to calculate the minimum annual percent 
rate for random drug testing, which is based on the reported positive 
rate for the entire industry. Collecting this data will not require a 
regulatory change because 49 CFR part 199 requires operators to report 
testing data for all covered employees, which includes contractors. The 
preamble to the current rule merely deferred submission of the data 
until the development of a methodology. OPS intends to issue an 
Advisory Bulletin that will end the deferment period noted in the 
preamble to the final rule.

Proposed Method

    Commenters to the original final rule and at the public meeting 
indicated that submission of contractor testing data should be done by 
contractors themselves, not by pipeline operators. Based on these 
suggestions, OPS proposes in lieu of operators submitting contractor 
data, the operators may opt to use contractors as their agents to 
report the data. If operators choose this method, OPS encourages them 
to consider adding language in their contractual agreements to that 
effect. To facilitate these submissions, OPS would create and assign 
unique identifiers for contractors to submit annual testing data on the 
DOT MIS data collection form by mail or by online submission.

Request for Comments

    OPS encourages comments on this proposed method in addition to 
suggestions for alternative methods of collecting contractor testing 
data. Specifically, OPS invites comments on the validity of the method 
being proposed and ways to avoid duplication and enhance quality. 
Following the review of timely comments, OPS will issue an Advisory 
Bulletin notifying operators of the selected method to begin reporting 
contractor testing data in calendar year 2006.

    Issued in Washington, DC, on April 15, 2005.
Theodore L. Willke,
Deputy Associate Administrator for Pipeline Safety.
[FR Doc. 05-8008 Filed 4-20-05; 8:45 am]
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