[Federal Register Volume 86, Number 242 (Tuesday, December 21, 2021)]
[Notices]
[Pages 72306-72307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27504]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2021-0107]


Pipeline Safety: Random Drug Testing Rate; Management Information 
System Reporting; and Obtaining Drug and Alcohol Management Information 
System Sign-In Information

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

ACTION: Notice of calendar year 2022 minimum annual percentage rate for 
random drug testing, reminder for operators to report contractor 
Management Information System (MIS) data using PHMSA Supplemental 
Instructions, and reminder of method for operators to obtain username 
and password for electronic reporting.

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SUMMARY: PHMSA has determined that the minimum random drug testing rate 
for covered employees will remain at 50 percent during calendar year 
2022. Operators are reminded that drug and alcohol (D&A) testing 
information must be submitted for contractors who are performing or are 
ready to perform covered functions. For calendar year 2021 reporting, 
the username and password for the Drug and Alcohol Management 
Information System (DAMIS) will be available in the PHMSA Portal.

DATES: Effective January 1, 2022, through December 31, 2022.

FOR FURTHER INFORMATION CONTACT: Wayne Lemoi, Drug & Alcohol Program 
Manager, Office of Pipeline Safety, by phone at 909-937-7232 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

Notice of Calendar Year 2022 Minimum Annual Percentage Rate for Random 
Drug Testing

    Operators of gas, hazardous liquid, and carbon dioxide pipelines, 
liquefied natural gas (LNG) plants, and underground natural gas storage 
facilities must randomly select and test a percentage of all covered 
employees for prohibited drug use in accordance with 49 Code of Federal 
Regulations (CFR) part 199. Pursuant to Sec.  199.105(c)(1), the PHMSA 
minimum annual random drug testing rate for all covered employees is 50 
percent. The Administrator can adjust this random drug testing rate 
based on the reported positive rate in the industry's random drug 
tests, which is submitted in operators' annual MIS reports as required 
by Sec.  199.119(a). In accordance with Sec.  199.105(c)(3), if the 
reported positive drug test rate is below 1 percent for 2 consecutive 
years, the Administrator can reduce the random drug testing rate to 25 
percent of all covered employees. While the random drug test positive 
rate for the pipeline industry was reported at less than 1 percent in 
calendar year 2020, the positive rate for calendar year 2019 was 
greater than 1 percent. Accordingly, the minimum annual random drug 
testing rate for calendar year 2022 is maintained at 50 percent of all 
covered employees.

Reminder for Operators To Report Contractor MIS Data

    In 2021, PHMSA released new PHMSA Supplemental Instructions for DOT 
Drug & Alcohol Management Information System Reporting online. These 
instructions provide operators with the appropriate process for 
collecting and reporting annual D&A MIS testing data for contractors. 
The Supplemental Instructions help ensure that PHMSA can identify all 
the contractors who performed D&A covered functions for a specific 
pipeline operator; identify all the pipeline operators for whom a 
specific contractor performed D&A covered functions; and, has received 
a complete and accurate D&A MIS report for each contractor who 
performed D&A covered functions on any PHMSA-regulated pipeline or 
facility in the applicable calendar year.
    Pursuant to Sec. Sec.  199.119(a) and 199.229(a), an operator 
having more than 50 covered employees is a large operator and an 
operator having 50 or fewer covered employees is a small operator. 
While contractor employees are covered employees per the regulations in 
Sec.  199.3 and must be treated as such with regards to part 199, 
contractor employees are not included in the calculation to determine 
if an operator is a large or small operator.
    Large operators are always required to submit annual MIS reports 
whereas small operators are only required to submit MIS reports upon 
written request from PHMSA. If a small operator has submitted a MIS 
report for calendar year 2019 or 2020, the PHMSA Portal message may 
state that no MIS report is required for calendar year 2021. If a small 
operator has grown to more than 50 covered employees during calendar 
year 2021, the PHMSA Portal message will include instructions for how 
to obtain a DAMIS username and password for the 2021 calendar year 
reporting period.
    If an operator is required to submit a MIS report in accordance 
with part 199,

[[Page 72307]]

that report is not complete until PHMSA receives a MIS data report for 
each contractor that performed covered functions as defined in Sec.  
199.3. Operators must submit operator and contractor employee testing 
data in separate MIS reports to avoid duplicative reporting and 
inaccurate data that could affect the positive rate for the pipeline 
industry.

Reminder of Method for Operators To Obtain Username and Password for 
Electronic Reporting

    By early January 2022, the username and password required for an 
operator to access DAMIS and enter calendar year 2021 data will be 
available to all operator staff with access to the PHMSA Portal. 
Pipeline operators have been submitting reports required by 49 CFR 
parts 191 and 195 through the PHMSA Portal (https://portal.phmsa.dot.gov/pipeline) since 2011. PHMSA determined that 
distributing information via the Portal would be more effective than 
the previous mailing process.
    When the DAMIS username and password are available in the PHMSA 
Portal, all registered users will receive an email to that effect. If 
operator staff responsible for submitting MIS reports do not receive 
the DAMIS information, they should coordinate with other registered 
PHMSA Portal users within their company to obtain the DAMIS username 
and password. Registered PHMSA Portal users for an operator typically 
include operator staff or consultants who submit annual and incident 
reports through PHMSA F 7000- and 7100-series forms. Operators that 
have not previously registered staff in the PHMSA Portal for the 
reporting purposes of parts 191 and 195 can register users by following 
the instructions at: https://portal.phmsa.dot.gov/PHMSAPortal2/staticContentRedesign/howto/PortalAccountCreation.pdf.

    Issued in Washington, DC, on December 15, 2021, under authority 
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2021-27504 Filed 12-20-21; 8:45 am]
BILLING CODE 4910-60-P