[Federal Register: February 25, 2010 (Volume 75, Number 37)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 40
RIN OST 2105-AD84
Procedures for Transportation Workplace Drug and Alcohol Testing
AGENCY: Office of the Secretary, DOT.
ACTION: Final rule.
SUMMARY: The Department of Transportation is making technical
amendments to its drug and alcohol testing procedures to authorize
employers to begin using the updated U.S. DOT Alcohol Testing Form
(ATF) and the Management Information System (MIS) Data Collection Form.
The Department updated the information collection notice on the forms
to conform to requirements under the Paperwork Reduction Act.
DATES: The rule is effective February 25, 2010.
FOR FURTHER INFORMATION CONTACT: For program issues, Bohdan Baczara,
Office of Drug and Alcohol Policy and Compliance, 1200 New Jersey
Avenue, SE., Washington, DC 20590; (202) 366-3784 (voice), (202) 366-
3897 (fax), or firstname.lastname@example.org (e-mail).
Background and Purpose
In compliance with the Paperwork Reduction Act of 1995, Public Law
104-13, (44 U.S.C. 3501 et seq.) the Department submitted a request to
the Office of Management and Budget (OMB) for the extension of the
currently approved Procedures for the Transportation Drug and Alcohol
Testing Program. OMB approved the submission which included a revised
U.S. DOT Alcohol Testing Form (ATF) and the Management Information
System (MIS) Data Collection Form.
As part of the approval process, the Department asked for public
comment on ways to enhance the quality, utility, and clarity of the
information being collected on the Alcohol Testing Form (ATF) and
Management Information System (MIS) form Federal Register [73 FR 14300]
and [73 FR 33140]. There was one response, which contained several
comments. As a result of the comments and other input from OMB and DOT
agencies, both forms were updated. Specifically, the ATF and MIS were
updated to include an updated Paperwork Reduction Act Burden Statement,
the current address of the Department, new DOT form numbers. We
provided additional instructions on the reverse side of Page 3 of the
ATF that tamper evident tape must not obscure the printed information.
Also, the legends in the test result boxes on the front of the ATF were
adjusted and printed in a smaller font so they don't obscure test
results printed directly on the ATF. Other than these changes, the
content and format of ATF from the previous versions remain the same.
The Department recognizes that employers and alcohol testing
technicians may currently have a large supply of old ATFs. To avoid
unnecessarily wasting these forms, the Department will permit the use
of the old ATF until supplies are exhausted, but the old ATF must not
be used beyond August 1, 2010. Employers are authorized to begin using
the updated ATF immediately.
In 2006, the Department published a Federal Register notice [71 FR
49383] to update the MIS form and its accompanying instructions to
change the name the Research and Special Programs Administration (RSPA)
to the Pipeline and Hazardous Materials Safety Administration (PHMSA).
This change reflects a February 2005 reorganization and renaming of
that DOT agency. Since the change did not appear in the Federal
Register notice, we are publishing the form with its accompanying
instructions sheet again.
The MIS form is a single-page form, and the information reported on
the MIS data form can be submitted electronically via the Internet at
http://damis.dot.gov. As a result, it is less likely any employer would
have a large number of MIS forms. Thus, employers required to report
MIS data must begin using the revised MIS form in 2011 to report
calendar year 2010 MIS data.
Both revised forms can be found on our Web site at http://
Regulatory Analyses and Notices
The statutory authority for this rule derives from the Omnibus
Transportation Employee Testing Act of 1991 (49 U.S.C. 102, 301, 322,
5331, 20140, 31306, and 45101 et seq.) and the Department of
Transportation Act (49 U.S.C. 322).
This rule is a non-significant rule both for purposes of Executive
Order 12886 and the Department of Transportation's Regulatory Policies
and Procedures. The Department certifies that it will not have a
significant economic effect on a substantial number of small entities,
for purposes of the Regulatory Flexibility Act. The Department makes
these statements on the basis that, as a series of technical amendments
that correct or clarify existing regulatory provisions, this rule will
not impose any significant costs on anyone. The costs of the underlying
Part 40 final rule were analyzed in connection with its issuance in
December 2000. Therefore, it has not been necessary for the Department
to conduct a regulatory evaluation or Regulatory Flexibility Analysis
for this final rule. The forms comply with the Paperwork Reduction Act.
It has no Federalism impacts that would warrant a Federalism
assessment. The amendments made in this rule are technical and
corrective, to an existing rule that went through an extensive public
notice and comment process.
The amendments are purely technical, do not make significant
changes to Part 40, and we would not anticipate the receipt of
meaningful comments on them. Consequently, the Department has
determined, for purposes of section 553 of the Administrative Procedure
Act, that prior notice and comment are unnecessary, impracticable, or
contrary to the public interest. For the same reasons, and because it
will be very useful to program participants to be authorized to use the
revised forms immediately, we have determined, under section 553, that
there is good cause to make the rule effective immediately upon
List of Subjects in 49 CFR Part 40
Administrative practice and procedures, Alcohol abuse, Alcohol
testing, Drug abuse, Drug testing, Laboratories, Reporting and
recordkeeping requirements, Safety, Transportation.
Issued this 9th day of February 2010, at Washington, DC.
Secretary of Transportation.
For reasons discussed in the preamble, the Department of Transportation
is amending 49 CFR part 40, Code of Federal Regulations, as follows:
PART 40--PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL
1. The authority citation for 49 CFR part 40 continues to read as
Authority: 49 U.S.C. 102, 301, 322, 5331, 20140, 31306, and
45101 et seq.
Sec. 40.225 [Amended]
2. Section 40.225 (a) is amended by removing the words, ``February 1,
3. Appendix G to Part 40--Alcohol Testing Form is revised to read as
Appendix G to Part 40--Alcohol Testing Form
The following form is the alcohol testing form required for use
in the DOT alcohol testing program beginning August 1, 2010.
Employers are authorized to use the form effective February 25,
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4. Appendix H to Part 40--DOT Drug and Alcohol Testing Management
Information System (MIS) Data Collection Form is revised to read as
Appendix H to Part 40--DOT Drug and Alcohol Testing Management
Information System (MIS) Data Collection Form
The following form is the MIS Data Collection form required for
use beginning in 2011 to report calendar year 2010 MIS data.
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[FR Doc. 2010-3731 Filed 2-24-10; 8:45 am]
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