80_FR_51512 80 FR 51349 - Elizabeth Betsy Pope d/b/a Eastgate Laboratory Testing; Public Interest Exclusion Order

80 FR 51349 - Elizabeth Betsy Pope d/b/a Eastgate Laboratory Testing; Public Interest Exclusion Order

DEPARTMENT OF TRANSPORTATION
Office of the Secretary

Federal Register Volume 80, Issue 163 (August 24, 2015)

Page Range51349-51350
FR Document2015-20842

The Department of Transportation (DOT) issued a decision and order under the Procedures for Transportation Workplace Drug and Alcohol Testing Programs that excludes a service agent, Elizabeth ``Betsy'' Pope d/b/a Eastgate Laboratory Testing, from providing drug and alcohol testing services in any capacity to any DOT-regulated employer for a period of 5 years. Ms. Pope and her company provided Medical Review Officer services to DOT-regulated trucking companies when Ms. Pope was not qualified to act as a Medical Review Officer. This Federal Register serves as notice to the public that DOT-regulated employers or their service agents must stop using the services of Elizabeth ``Betsy'' Pope d/b/a Eastgate Laboratory Testing for administering their DOT-regulated drug and/or alcohol testing programs.

Federal Register, Volume 80 Issue 163 (Monday, August 24, 2015) 
[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)]
[Notices]
[Pages 51349-51350]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20842]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Elizabeth Betsy Pope d/b/a Eastgate Laboratory Testing; Public 
Interest Exclusion Order

AGENCY: Office of the Secretary, DOT.

ACTION: Notice.

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SUMMARY: The Department of Transportation (DOT) issued a decision and 
order under the Procedures for Transportation Workplace Drug and 
Alcohol Testing Programs that excludes a service agent, Elizabeth 
``Betsy'' Pope d/b/a Eastgate Laboratory Testing, from providing drug 
and alcohol testing services in any capacity to any DOT-regulated 
employer for a period of 5

[[Page 51350]]

years. Ms. Pope and her company provided Medical Review Officer 
services to DOT-regulated trucking companies when Ms. Pope was not 
qualified to act as a Medical Review Officer. This Federal Register 
serves as notice to the public that DOT-regulated employers or their 
service agents must stop using the services of Elizabeth ``Betsy'' Pope 
d/b/a Eastgate Laboratory Testing for administering their DOT-regulated 
drug and/or alcohol testing programs.

DATES: The effective date of the Public Interest Exclusion is August 
18, 2015 and it will remain in effect until August 18, 2020.

FOR FURTHER INFORMATION CONTACT: Patrice M. Kelly, Acting Director, 
U.S. Department of Transportation, 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 patrice.kelly@dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with the provisions of the Department's regulation at 
49 CFR part 40 (Part 40), Subpart R, Public Interest Exclusions (PIE), 
the Federal Motor Carrier Safety Administration (FMCSA) issued a Notice 
of Proposed Exclusion to Ms. Pope on January 20, 2015. FMCSA 
recommended the PIE based upon a criminal conviction that resulted from 
the fraudulent Medical Review Officer (MRO) services Ms. Pope was 
providing to a DOT-regulated trucking company through her company, 
Eastgate Laboratory Testing. The grand jury had charged that from 
approximately January 2006 through approximately March 2012, Ms. Pope 
provided drug test results without using a qualified MRO, as required 
by the DOT regulations. Ms. Pope, who was not a licensed physician (a 
Doctor of Medicine or Osteopathy), and therefore not qualified to act 
as an MRO, used the signature of an MRO to certify results, while the 
MRO had not worked for her company since June 2005. Specifically, the 
NOPE cited a guilty plea that Ms. Pope entered in the United States 
District Court for the Western District of Pennsylvania and the 
resulting December 10, 2014 ``conviction for mail fraud relating to 
[Ms. Pope's] forgery of a medical review officer's signature on 
commercial motor vehicle operator drug tests.''

Public Interest Exclusion Decision and Order

    On August 18, 2015, the Department issued a PIE against Elizabeth 
``Betsy'' Pope d/b/a Eastgate Laboratories. This PIE prohibits all DOT-
regulated employers and service agents from utilizing Elizabeth 
``Betsy'' Pope d/b/a Eastgate Laboratories for drug and alcohol testing 
services in any capacity for a period of 5 years. A full copy of the 
Department's Decision and Order can be found at http://www.dot.gov/odapc.
    In accordance with the terms of the Department's Decision and Order 
and per 49 CFR 40.403(a), Elizabeth ``Betsy'' Pope d/b/a Eastgate 
Laboratories is required to directly notify each of the affected DOT-
regulated employer clients in writing about the issuance, scope, 
duration, and effect of the PIE. The Department is notifying employers 
and the public about this PIE by publishing it in a ``List of Excluded 
Drug and Alcohol Service Agents'' on its Web site at http://www.dot.gov/odapc/ and will make the list available upon request. As 
required by 49 CFR 40.401(d), the Department is publishing this Federal 
Register notice to inform the public that Elizabeth ``Betsy'' Pope d/b/
a Eastgate Laboratories is subject to a PIE for 5 years. After August 
18, 2020, Elizabeth ``Betsy'' Pope d/b/a Eastgate Laboratories, will be 
removed from the list and the public will be notified of that removal, 
also in accordance with 49 CFR 40.401(d).
    Any DOT-regulated employer who uses the services of Elizabeth 
``Betsy'' Pope d/b/a Eastgate Laboratories between August 18, 2015 and 
August 18, 2020 may be subject to a civil penalty for violation of Part 
40.

    Dated: This 18th Day of August, 2015, at Washington, DC.
Patrice M. Kelly,
Acting Director, Office of Drug and Alcohol Policy Compliance.
[FR Doc. 2015-20842 Filed 8-21-15; 8:45 am]
BILLING CODE 4910-9X-P

Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices 51349 Avenue Southeast, Washington, DC Avenue Southeast, Washington DC or at hazardous materials transportation law 20590–0001, (202) 366–4535. http://regulations.gov. (49 U.S.C. 5117(b); 49 CFR 1.53(b)). SUPPLEMENTARY INFORMATION: Copies of This notice of receipt of applications Issued in Washington, DC, on August 5, the applications are available for for special permit is published in 2015. inspection in the Records Center, East accordance with Part 107 of the Federal Donald Burger, Building, PHH–30, 1200 New Jersey Chief, General Approvals and Permits. Application No. Docket No. Applicant Regulation(s) affected Nature of special permits thereof New Special Permits 16526–N ......... ........................ Helimax Aviation, Inc., 49 CFR 172.101 Haz- To authorize the transportation in commerce in the McClellan Park, CA. ardous Materials Table U.S. only of certain hazardous materials by 14 Column (9B), Subpart CFR part 133 Rotorcraft Load External Oper- C of Part 172, ations transporting hazardous materials attached 172.301(c), 175.30, to or suspended from an aircraft and 14 CFR part Part 173. 135 operations transporting hazardous materials on board an aircraft. Such transportation is in support of construction operations when the use of cranes or other lifting devices is impracticable or unavailable or when aircraft is the only means of transportation, without being subject to certain hazard communication requirements, quantity limi- tations, packaging and loading and storage re- quirements. (mode 4). 16530–N ......... ........................ 3M Company, Saint Paul, 49 CFR 173.301(f) ........... To authorize the transportation in commerce of cer- MN. tain DOT specification cylinders containing certain toxic gases without pressure relief devices. (modes 1, 2, 3). 16532–N ......... ........................ Kinsbursky Brothers Sup- 49 CFR 173.185(f) ........... To authorize the transportation in commerce of cer- ply Inc., Anaheim, CA. tain lithium ion cells and batteries and lithium metal cells and batteries in alternative packaging. (modes 1, 2). 16535–N ......... ........................ National Aeronautics and 49 CFR 173.301(h)(3), To authorize the transportation in commerce of non- Space Administration, 173.302a. DOT specification cylinders containing com- Washington, DC. pressed nitrogen. (modes 1, 2, 4, 5). 16536–N ......... ........................ FIBA Technologies, Inc., 49 CFR 172.203(a), To authorize the manufacture, mark, sale and use Littleton, MA. 178.37(k)(2)(i), of cylinders conforming with all regulations appli- 178.45(j)(1). cable to DOT Specifications 3AA, 3AAX and 3T, except as specified herein. (modes 1, 2, 3, 4, 5). 16537–N ......... ........................ Occidental Chemical Cor- 49 CFR 174.50, 179.15, To authorize the transportation in commerce of poration, Dallas, TX. 179.100–3. clean and empty DOT 105J500W tank cars with- out pressure relief devices or loading and unload- ing valves, when being moved between tank car facilities for the purpose of requalification, as ex- empt from the FRA approval requirements in 49 CFR 174.50. (mode 2). 16540–N ......... ........................ GLI Citergaz, Civray, 49 CFR 172.102(b)(3) To authorize the manufacture, mark, sale and use France. Special Provision B77, of a non-DOT specification portable tank con- 172.102(c)(7), forming to the requirements specified in 172.102(c)(8) Special § 172.102(c)(7) portable tank code T50 that have Provision TP38, been designed, constructed and stamped in ac- 178.274(b), cordance with the latest edition of Section VIII, Di- 178.277(b)(1). vision 1 of the ASME Code with a design margin of 3.5:1 for the transportation in commerce of cer- tain Division 2.3, Class 3, Division 6.1 and Class 8 materials. (modes 1, 3). 16542–N ......... ........................ Retriev Technologies, 49 CFR 173.185(f) ........... To authorize the transportation in commerce of cer- Lancaster, OH. tain lithium ion cells and batteries and lithium metal cells and batteries in alternative packaging. (modes 1, 2). [FR Doc. 2015–20482 Filed 8–21–15; 8:45 am] DEPARTMENT OF TRANSPORTATION SUMMARY: The Department of BILLING CODE 4909–60–M Transportation (DOT) issued a decision Office of the Secretary and order under the Procedures for tkelley on DSK3SPTVN1PROD with NOTICES Transportation Workplace Drug and Elizabeth Betsy Pope d/b/a Eastgate Alcohol Testing Programs that excludes Laboratory Testing; Public Interest a service agent, Elizabeth ‘‘Betsy’’ Pope Exclusion Order d/b/a Eastgate Laboratory Testing, from AGENCY: Office of the Secretary, DOT. providing drug and alcohol testing services in any capacity to any DOT- ACTION: Notice. regulated employer for a period of 5 VerDate Sep<11>2014 16:48 Aug 21, 2015 Jkt 235001 PO 00000 Frm 00154 Fmt 4703 Sfmt 4703 E:\FR\FM\24AUN1.SGM 24AUN1

51350 Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices years. Ms. Pope and her company Pope d/b/a Eastgate Laboratories. This comment on a continuing information provided Medical Review Officer PIE prohibits all DOT-regulated collection, as required by the Paperwork services to DOT-regulated trucking employers and service agents from Reduction Act of 1995 (PRA). companies when Ms. Pope was not utilizing Elizabeth ‘‘Betsy’’ Pope d/b/a In accordance with the requirements qualified to act as a Medical Review Eastgate Laboratories for drug and of the PRA, the OCC may not conduct Officer. This Federal Register serves as alcohol testing services in any capacity or sponsor, and the respondent is not notice to the public that DOT-regulated for a period of 5 years. A full copy of required to respond to, an information employers or their service agents must the Department’s Decision and Order collection unless it displays a currently stop using the services of Elizabeth can be found at http://www.dot.gov/ valid Office of Management and Budget ‘‘Betsy’’ Pope d/b/a Eastgate Laboratory odapc. (OMB) control number. Currently, the Testing for administering their DOT- In accordance with the terms of the OCC is soliciting comment concerning regulated drug and/or alcohol testing Department’s Decision and Order and the renewal of an existing collection programs. per 49 CFR 40.403(a), Elizabeth ‘‘Betsy’’ titled ‘‘Customer Complaint Form.’’ The DATES: The effective date of the Public Pope d/b/a Eastgate Laboratories is OCC also is giving notice that it has sent Interest Exclusion is August 18, 2015 required to directly notify each of the the rule to OMB for review. and it will remain in effect until August affected DOT-regulated employer clients DATES: You should submit written 18, 2020. in writing about the issuance, scope, comments by September 23, 2015. duration, and effect of the PIE. The ADDRESSES: Because paper mail in the FOR FURTHER INFORMATION CONTACT: Department is notifying employers and Washington, DC area and at the OCC is Patrice M. Kelly, Acting Director, U.S. the public about this PIE by publishing subject to delay, commenters are Department of Transportation, Office of it in a ‘‘List of Excluded Drug and encouraged to submit comments by Drug and Alcohol Policy and Alcohol Service Agents’’ on its Web site email, if possible. Comments may be Compliance, 1200 New Jersey Avenue at http://www.dot.gov/odapc/ and will sent to: Legislative and Regulatory SE., Washington, DC 20590; (202) 366– make the list available upon request. As Activities Division, Office of the 3784 (voice), (202) 366–3897 (fax), or required by 49 CFR 40.401(d), the Comptroller of the Currency, Attention: patrice.kelly@dot.gov. Department is publishing this Federal 1557–0232, 400 7th Street SW., Suite SUPPLEMENTARY INFORMATION: Register notice to inform the public that 3E–218, Mail Stop 9W–11, Washington, Background Elizabeth ‘‘Betsy’’ Pope d/b/a Eastgate DC 20219. In addition, comments may Laboratories is subject to a PIE for 5 be sent by fax to (571) 465–4326 or by In accordance with the provisions of years. After August 18, 2020, Elizabeth electronic mail to prainfo@occ.treas.gov. the Department’s regulation at 49 CFR ‘‘Betsy’’ Pope d/b/a Eastgate You may personally inspect and part 40 (Part 40), Subpart R, Public Laboratories, will be removed from the photocopy comments at the OCC, 400 Interest Exclusions (PIE), the Federal list and the public will be notified of 7th Street SW., Washington, DC 20219. Motor Carrier Safety Administration that removal, also in accordance with 49 For security reasons, the OCC requires (FMCSA) issued a Notice of Proposed CFR 40.401(d). that visitors make an appointment to Exclusion to Ms. Pope on January 20, Any DOT-regulated employer who inspect comments. You may do so by 2015. FMCSA recommended the PIE uses the services of Elizabeth ‘‘Betsy’’ calling (202) 649–6700. Upon arrival, based upon a criminal conviction that Pope d/b/a Eastgate Laboratories visitors will be required to present valid resulted from the fraudulent Medical between August 18, 2015 and August government-issued photo identification Review Officer (MRO) services Ms. Pope 18, 2020 may be subject to a civil and submit to security screening in was providing to a DOT-regulated penalty for violation of Part 40. order to inspect and photocopy trucking company through her company, Eastgate Laboratory Testing. Dated: This 18th Day of August, 2015, at comments. The grand jury had charged that from Washington, DC. All comments received, including approximately January 2006 through Patrice M. Kelly, attachments and other supporting approximately March 2012, Ms. Pope Acting Director, Office of Drug and Alcohol materials, are part of the public record provided drug test results without using Policy Compliance. and subject to public disclosure. Do not a qualified MRO, as required by the [FR Doc. 2015–20842 Filed 8–21–15; 8:45 am] include any information in your DOT regulations. Ms. Pope, who was BILLING CODE 4910–9X–P comment or supporting materials that not a licensed physician (a Doctor of you consider confidential or Medicine or Osteopathy), and therefore inappropriate for public disclosure. not qualified to act as an MRO, used the DEPARTMENT OF THE TREASURY FOR FURTHER INFORMATION CONTACT: signature of an MRO to certify results, Shaquita Merritt, OCC Clearance while the MRO had not worked for her Office of the Comptroller of the Officer, (202) 649–5490, for persons company since June 2005. Specifically, Currency who are deaf or hard of hearing, TTY, the NOPE cited a guilty plea that Ms. (202) 649–5597, Legislative and Agency Information Collection Regulatory Activities Division, Office of Pope entered in the United States Activities: Information Collection the Comptroller of the Currency, 400 7th District Court for the Western District of Renewal; Submission for OMB Review; Street SW., Washington, DC 20219. Pennsylvania and the resulting Customer Complaint Form December 10, 2014 ‘‘conviction for mail SUPPLEMENTARY INFORMATION: The OCC fraud relating to [Ms. Pope’s] forgery of AGENCY: Office of the Comptroller of the is requesting that OMB extend its a medical review officer’s signature on Currency (OCC), Treasury. approval of the following collection: tkelley on DSK3SPTVN1PROD with NOTICES commercial motor vehicle operator drug ACTION: Notice and request for comment. Title: Customer Complaint Form. tests.’’ OMB Control No.: 1557–0232. SUMMARY: The OCC, as part of its Description: The customer complaint Public Interest Exclusion Decision and continuing effort to reduce paperwork form was developed as a courtesy for Order and respondent burden, invites the customers who contact the OCC’s On August 18, 2015, the Department general public and other Federal Customer Assistance Group (CAG) and issued a PIE against Elizabeth ‘‘Betsy’’ agencies to take this opportunity to wish to file a formal written complaint. VerDate Sep<11>2014 16:48 Aug 21, 2015 Jkt 235001 PO 00000 Frm 00155 Fmt 4703 Sfmt 4703 E:\FR\FM\24AUN1.SGM 24AUN1


Document Created: 2015-12-15 10:54:50
Document Modified: 2015-12-15 10:54:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThe effective date of the Public Interest Exclusion is August 18, 2015 and it will remain in effect until August 18, 2020.
ContactPatrice M. Kelly, Acting Director, U.S. Department of Transportation, 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 [email protected]
FR Citation80 FR 51349 
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