Reporting of Drug and Alcohol Testing Results

DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 199

[Docket No. PS-152; Amendment 199-14]

RIN 2137-AC95

Reporting of Drug and Alcohol Testing Results

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Direct final rule.

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SUMMARY: This direct final rule amends the Drug and Alcohol Testing

Rules to allow the optional reporting of drug and alcohol testing

results to RSPA by computer disk.

DATES: This direct final rule takes effect April 11, 1997. If RSPA does

not receive any adverse comment or notice of intent to file an adverse

comment by February 10, 1997, RSPA will publish a confirmation document

within 15 days of the close of the comment period, advising the public

of the date the direct final rule will become effective. If an adverse

comment is received, RSPA will issue a timely notice in the Federal

Register to confirm that fact and RSPA would withdraw the direct final

rule in whole or in part. RSPA may then incorporate changes based on

the adverse comment into a subsequent direct final rule or may publish

a notice of proposed rulemaking.

ADDRESSES: Written comments must be submitted in duplicate and mailed

or hand-delivered to the Dockets Unit, room 8421, U.S. Department of

Transportation, Research and Special Programs Administration, 400

Seventh Street, SW, Washington, D.C. 20590. Identify the docket and

notice numbers stated in the heading of this notice. All comments and

materials cited in this document will be available for inspection and

copying in room 8421 between 8:30 a.m. and 5:00 p.m. each business day.

Non-federal employee visitors are admitted to the DOT headquarters

building through the southwest quadrant entrance at Seventh and E

Streets, SW, Washington, D.C.

FOR FURTHER INFORMATION CONTACT: Marvin Fell, (202) 366-6205, regarding

the subject matter of this document, or the Dockets Unit (202) 366-

4453, for copies of this document or other information in the docket.

SUPPLEMENTARY INFORMATION:

I. Background

On March 28, 1996, RSPA published a Request for Public Comment (61

FR 13918) on its Management Information System Standardized Data

Collection and Reporting of Drug Testing Materials information

collection. Two commentors requested that RSPA allow electronic filing

of drug testing forms. RSPA agrees with these commentors that allowing

the filing of this information by computer disk may reduce the

paperwork burden of this regulation. Therefore, RSPA is amending

Section 199.25(d), Reporting of anti-drug testing results, to allow the

alternative of filing the report on a computer disk provided by RSPA.

The disk can be submitted in Word Perfect 6.1, Microsoft Word 6.0, or

any ASCII format. If this option is used, a signature page attesting to

the validity of the computer form must be sent to the RSPA address

specified in Section 199.25(b). Additionally, RSPA is amending Section

199.229(c), Reporting of Alcohol Testing Results, to allow operators

the option of filing their alcohol testing results by computer disk. If

this option is used, a signature page attesting to the validity of the

information must be submitted similar to the drug filing procedure.

II. Regulatory Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

This amendment may reduce the administrative burden of the drug and

alcohol testing results reporting rules by

[[Page 65365]]

allowing operators to choose the method of reporting that they deem

most cost-effective. This amendment is administrative in nature and is

consistent with the President's goals of regulatory reinvention and

improvement in customer service. There is no additional cost to comply

with this rule because it is optional. This rule is considered to be

non-major under Executive Order 12866, and is not considered

significant under DOT Regulatory Policy and Procedures (44 FR 22034;

February 26, 1979). Therefore, this change does not warrant the

preparation of a Regulatory Evaluation.

Executive Order 12612

This final rule has been analyzed in accordance with the principles

and criteria contained in Executive Order 12612 (``Federalism''), and

RSPA has determined that preparation of a federalism assessment is not

warranted.

Regulatory Flexibility Act

Based on the above facts, I certify under Section 606 of the

Regulatory Flexibility Act that this amendment does not have a

significant impact on a substantial number of small entities.

Paperwork Reduction Act

This final rule does not impose any new information collection

requirements.

List of Subjects in 49 CFR Part 199

Alcohol testing, Drug testing, Pipeline safety, Reporting and

recordkeeping requirements.

In consideration of the foregoing, RSPA is amending 49 CFR 199 as

follows:

PART 199--DRUG AND ALCOHOL TESTING

1. The authority citation for part 199 is revised to read as

follows:

Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60117, and

60118; 49 CFR 1.53.

Sec. 199.25 [Amended]

2. Paragraph (d) of Sec. 199.25 is revised to read as follows:

Sec. 199.25 Reporting of anti-drug testing results.

* * * * *

(d) Each report shall be signed by the Operator's anti-drug manager

or designated representative. RSPA will allow the operator the option

of sending the report on the computer disk provided by RSPA. If this

option is used, a signature page attesting to the validity of the

information on the computer disk must be sent to the address in

paragraph (b) of this section.

* * * * *

Sec. 199.229 [Amended]

3. Paragraph (c) of 199.229 is revised to read as follows:

Sec. 199.229 Reporting of alcohol testing results.

* * * * *

(c) Each report, required under this section, shall be submitted to

the Office of Pipeline Safety, Research and Special Programs

Administration, Department of Transportation, room 2335, 400 Seventh

Street, SW., Washington, DC 20590. RSPA will allow the operator the

option of sending the report on the computer disk provided by RSPA. If

this option is used, a signature page attesting to the validity of the

information on the computer disk must be sent to the address in this

section.

* * * * *

Issued in Washington, D.C. on December 6, 1996.

Kelley S. Coyner,

Deputy Administrator, Research and Special Programs Administration.

[FR Doc. 96-31488 Filed 12-11-96; 8:45 am]

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