[Federal Register: May 26, 2000 (Volume 65, Number 103)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
Controlled Substances and Alcohol Testing Management Information
System (MIS) Statistical Data
May 15, 2000.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
SUMMARY: The FMCSA is announcing the motor carrier industry's 1997 and
1998 controlled substances and alcohol usage rates based on random
testing. The positive rate for controlled substances was 1.3 percent in
calendar year 1997, and 1.5 percent in 1998. The alcohol ``violation''
rate was 0.2 percent in 1997, and 0.4 percent in 1998. Because the
alcohol ``violation'' rate has remained below 0.5 percent for these two
years, the FMCSA is announcing that it is maintaining the random
alcohol testing rate for calendar year 2000 at 10 percent, in
accordance with the provisions of the testing regulations. This lowered
rate continues the DOT policy set in 1998 when data supported the same
policy decision. Because the positive rate from controlled substances
testing has remained above 1.0 percent during this same period, the
FMCSA is maintaining the random controlled substances testing rate for
calendar year 2000 at 50 percent, in accordance with FMCSA regulations.
This notice serves to continue the existing policy and provides that it
is effective until further notice.
FOR FURTHER INFORMATION CONTACT: For enforcement questions: Mr. Kenneth
Rodgers, Office of Enforcement and Compliance (HMCE-20), (202) 366-
4016; For substantive questions: Mr. David M. Lehrman, Office of
Policy, Plans, and Regulations, (202) 366-0994; For statistical
questions: Mr. Richard Gruberg, Office of Motor Carrier Information
Analysis (HIA-20), (202) 366-2959; For legal questions, Mr. Michael
Falk, Office of the Chief Counsel, (HCC-20), (202) 366-1384, Federal
Highway Administration, 400 Seventh Street, SW., Washington, DC 20590.
An electronic copy of this document may be downloaded using a modem
and suitable communications software from the Government Printing
Office's Electronic Bulletin Board Service at (202) 512-1661. Internet
users may reach the Office of the Federal Register's home page at:
http://www.nara.gov/fedreg and the Government Printing Office's
database at: http://www.access.gpo.gov/nara.
Creation of New Agency
In October 1999, the Secretary of Transportation rescinded the
authority previously delegated to the Federal Highway Administrator to
perform the motor carrier functions and operations, and to carry out
the duties and powers related to motor carrier safety, that are
statutorily vested in the Secretary. That authority was redelegated to
the Director of the Office of Motor Carrier Safety (OMCS), a new office
within the Department (see, 64 FR 56270, October 19, 1999, and 64 FR
58356, October 29, 1999). The OMCS had previously been the FHWA's
Office of Motor Carriers (OMC).
The Motor Carrier Safety Improvement Act of 1999 established the
Federal Motor Carrier Safety Administration as a new operating
administration within the Department of Transportation, effective
January 1, 2000 (Public Law 106-159, 113 Stat. 1748, December 9, 1999).
The Secretary therefore rescinded the motor carrier authority delegated
to the Director of the OMCS and redelegated it to the Administrator of
the FMCSA (65 FR 220, January 4, 2000).
The staff previously assigned to the FHWA's OMC, and then to the
OMCS, are now assigned to the FMCSA. The motor carrier functions of the
FHWA's Resource Centers and Division (i.e., State) Offices have been
transferred without change to the FMCSA Resource Centers and FMCSA
Division Offices, respectively. For the time being, all phone numbers
and addresses are unchanged. Similarly, rulemaking activities begun
under the auspices of the FHWA and continued under the OMCS will be
completed by the FMCSA.
On December 23, 1993 (58 FR 68220), the FHWA announced it would
require motor carriers subject to 49 CFR part 391, later replaced by
part 382, to implement and maintain specific controlled substance
testing data, and submit an appropriate annual report when requested.
All motor carriers must maintain this information. The FHWA randomly
selects a sample of motor carriers annually and asks those selected to
submit their data.
On February 15, 1994 (59 FR 7484), the FHWA promulgated new
controlled substances and alcohol testing rules in 49 CFR part 382.
These rules combined the controlled substances annual report with a
similar alcohol rule ``violation'' annual report. An alcohol rule
violation for purposes of the annual report are alcohol concentrations
of 0.04 or greater and refusals to submit to alcohol testing.
On March 13, 1995, the FHWA amended the rule to reduce the
information collection burden on all respondents, including small
entities (60 FR 13369).
The current rule at Sec. 382.403, formerly at 49 CFR 391.87(h), is
essential for the accomplishment of the following four goals:
1. Collect controlled substance and alcohol testing statistical
2. Use the data to analyze the FMCSA's current approach to
deterring and detecting illegal controlled substance use and alcohol
misuse in the motor carrier industry.
3. Determine each calendar year's random selection rates for
alcohol and controlled substance testing under the rule.
4. Provide for a more efficient and effective regulatory program.
In 1995, the FHWA requested a sample of motor carriers report to
the FHWA data collected in 1994. The FHWA determined the random
positive controlled substance usage rate for commercial motor vehicle
(CMV) drivers subject to 49 CFR part 391, subpart H, for the period of
January 1, 1994, through December 31, 1994, was 2.6 percent. This rate
was estimated to be 2.8% in 1995 and 2.2% in 1996.
Estimates of positive usage rates for alcohol were first produced
for calendar year 1995. The alcohol testing ``violation'' rate was 0.14
percent in 1995, and 0.18 percent in 1996.
The criteria for raising or lowering the random testing rate are
established by regulation. Under 49 CFR 382.305(d)(1), when the minimum
annual percentage rate for random alcohol testing is 25 percent or
more, the FMCSA Administrator may lower the rate to 10 percent of all
driver positions if the Administrator determines that the data received
under the reporting requirements of Sec. 382.403 for two consecutive
years indicate that the violation rate is less than 0.5 percent.
Under Sec. 382.305(e)(1), when the minimum annual percentage rate
for random alcohol testing is 10 percent, the Administrator is required
to increase the rate to 25 percent only if the violation rate is equal
to or greater than 0.5 percent.
Under Sec. 382.305(g), when the minimum annual percentage rate for
random controlled substances testing is 50 percent, the Administrator
may lower the rate to 25 percent of all driver positions only if the
data indicate that the positive testing rate is less than 1.0 percent.
Based upon this authority, and because the violation rate was below
0.5 percent for two consecutive years, the FHWA announced it was
lowering the random alcohol testing rate for calendar year 1998 to 10
percent. The random controlled substances testing rate remained 50
percent. On January 14, 1998 (63 FR 2172) the agency published this
policy in a notice including an extensive appendix C explaining the
methodology used to estimate the controlled substances positive and
alcohol violation rates.
Today's notice announces the results of data collected for the 1997
and 1998 FHWA Drug and Alcohol Surveys. These surveys, conducted
annually, measure the percentage of CDL drivers testing positive for
controlled substances (as defined in 49 CFR 40.21 of the Federal Motor
Carrier Safety Regulations) and/or alcohol, based on both random and
nonrandom testing. The survey data are collected from a random sample
of motor carrier annual drug and alcohol testing summaries. Because the
positive rate from random controlled substances testing has remained
above 1.0 percent during this period, the FMCSA is maintaining the
random controlled substance testing rate for calendar year 2000 at 50
percent, in accordance with 49 CFR 382.305(g). The FMCSA is also
maintaining the random alcohol testing rate for calendar year 2000 at
10 percent, in accordance with 49 CFR 382.305(e)(1).
Authority: 49 U.S.C 504, 31136, chapter 313; and 49 CFR 1.73.
Issued on: May 18, 2000.
Julie Anna Cirillo,
Acting Deputy Administrator, Federal Motor Carrier Safety
[FR Doc. 00-13313 Filed 5-25-00; 8:45 am]
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