[Federal Register Volume 77, Number 235 (Thursday, December 6, 2012)]
[Pages 72905-72906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29441]



Pipeline and Hazardous Materials Safety Administration

[Docket ID PHMSA-2012-0291]

Pipeline Safety: Random Drug Testing Rate; Contractor MIS 
Reporting; and Obtaining DAMIS Sign-In Information

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 

ACTION: Notice of calendar year 2013 minimum annual percentage rate for 
random drug testing, reminder for operators to report contractor MIS 
data, and new method for operators to obtain user name and password for 
electronic reporting.


SUMMARY: PHMSA has determined that the minimum random drug testing rate 
for covered employees will remain at 25 percent during calendar year 
2013. Operators are reminded that drug and alcohol testing information 
must be submitted for contractors performing or ready to perform 
covered functions. For calendar year 2012 reporting, PHMSA will not 
attempt to mail the user name and password for the Drug and Alcohol 
Management Information System (DAMIS) to operators, but will make the 
user name and password available in the PHMSA Portal (https://portal.phmsa.dot.gov/pipeline).

DATES: Effective January 1, 2013, through December 31, 2013.

Coordinator, by telephone at 202-366-0970 or by email at 
[email protected].


Notice of Calendar Year 2013 Minimum Annual Percentage Rate for Random 
Drug Testing

    Operators of gas, hazardous liquid, and carbon dioxide pipelines 
and operators of liquefied natural gas facilities must randomly select 
and test a percentage of covered employees for prohibited drug use. 
Pursuant to 49 CFR 199.105(c)(2), (3), and (4), the PHMSA 
Administrator's decision on whether to change the minimum annual random 
drug testing rate is based on the reported random drug test positive 
rate for the pipeline industry. The data considered by the 
Administrator comes from operators' annual submissions of Management 
Information System (MIS) reports required by Sec.  199.119(a). If the 
reported random drug test positive rate is less than one percent, the 
Administrator may continue the

[[Page 72906]]

minimum random drug testing rate at 25 percent. In 2011, the random 
drug test positive rate was less than one percent. Therefore, the PHMSA 
minimum annual random drug testing selection rate will remain at 25 
percent for calendar year 2013.

Reminder for Operators To Report Contractor MIS Data

    On January 19, 2010, PHMSA published an Advisory Bulletin (75 FR 
2926) implementing the annual collection of contractor MIS drug and 
alcohol testing data. All applicable Sec.  199.119 (drug testing) and 
Sec.  199.229 (alcohol testing) MIS reporting operators are responsible 
for the submission of all contractor MIS reports to PHMSA, as well as 
their own, by March 15, 2013.
    Contractors with employees in safety-sensitive positions who 
performed covered functions as defined in Sec.  199.3, must submit 
these reports only through the auspices of each operator for whom these 
covered employees performed those covered functions (i.e., maintenance, 
operations or emergency response).

New Method for Operators To Obtain User Name and Password for 
Electronic Reporting

    In previous years, PHMSA attempted to mail the DAMIS user name and 
password to operator staff with responsibility for submitting DAMIS 
reports. Based on the number of phone calls to PHMSA each year 
requesting this information, the mailing process has not been 
effective. Pipeline operators have been submitting reports required by 
Parts 191 and 195 through the PHMSA Portal (https://portal.phmsa.dot.gov/pipeline) for the past few years. Each Office of 
Pipeline Safety issued Operator Identification Number (OpID) should 
employ staff with access to the PHMSA Portal.
    The user name and password required for an OpID to access DAMIS and 
enter calendar year 2012 data will be available to all staff with 
access to the PHMSA Portal in late December 2012. When the DAMIS user 
name and password is available in the Portal, all registered users will 
receive an email to that effect. Operator staff with responsibility for 
submitting DAMIS reports should coordinate with registered Portal users 
to obtain the DAMIS user name and password. Registered portal users for 
an OpID typically include your Compliance Officer and staff, or 
consultants with responsibility for submitting annual and incident 
reports on PHMSA F 7000- and 7100-series forms.
    For OpIDs that have failed to register in the PHMSA Portal for Part 
191 and 195 reporting purposes, operator staff responsible for 
submitting DAMIS reports can register in the Portal by following the 
instructions at http://opsweb.phmsa.dot.gov/portal_message/PHMSA_Portal_Registration.pdf.
    Pursuant to 49 CFR Parts 199.119(a) and 199.229(a), operators with 
50 or more covered employees, including both operator and contractor 
staff, are required to submit DAMIS reports annually. Operators with 
less than 50 total covered employees are required to report only upon 
written request from PHMSA. If an OpID submitted a calendar year 2011 
DAMIS report with less than 50 total covered employees, the PHMSA 
Portal message may state that no calendar year 2012 DAMIS report is 
required. Some of these OpIDs may have grown to more than 50 covered 
employees during CY 2012. The Portal message will include instructions 
for how these OpIDs can obtain a calendar year 2012 DAMIS user name and 

    Authority:  49 U.S.C. 5103, 60102, 60104, 60108, 60117, and 
60118; 49 CFR 1.53.

    Issued in Washington, DC, on November 30, 2012.
Linda Daugherty,
Deputy Associate Administrator for Policy and Programs.
[FR Doc. 2012-29441 Filed 12-5-12; 8:45 am]