Reporting of Drug and Alcohol Testing Results

Passage 1[Federal Register Volume 61, Number 240 (Thursday, December 12, 1996)] [Rules and Regulations] [Pages 65364-65365] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-31488] ======================================================================= ----------------------------------------------------------------------- Research and Special Programs Administration [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. ----------------------------------------------------------------------- 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.#

Passage 2On 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. 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 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. 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. 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.#

Passage 3This final rule does not impose any new information collection requirements. Alcohol testing, Drug testing, Pipeline safety, Reporting and recordkeeping requirements. In consideration of the foregoing, RSPA is amending 49 CFR 199 as follows: 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. 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. * * * * * 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] BILLING CODE 4910-60-P#