80_FR_80693 80 FR 80446 - Annual Random Controlled Substances Testing Percentage Rate for Calendar Year 2016

80 FR 80446 - Annual Random Controlled Substances Testing Percentage Rate for Calendar Year 2016

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 247 (December 24, 2015)

Page Range80446-80447
FR Document2015-32364

The FMCSA announces, pursuant to 49 CFR 382.305, that it is reducing the minimum annual percentage rate for random controlled substances testing for drivers of commercial motor vehicles (CMVs) requiring a commercial driver's license (CDL) from the current rate of 50 percent of the average number of driver positions to 25 percent of the average number of driver positions, effective in calendar year 2016. The FMCSA Administrator has the discretion to decrease the minimum annual random testing percentage rate based on the reported positive random test rate for the entire motor carrier industry. Based on the controlled substances random test data in FMCSA's Management Information System (MIS) for calendar years 2011, 2012, and 2013, the positive rate for controlled substances random testing fell below the 1.0 percent threshold for 3 consecutive calendar years. As a result, the Agency will lower the controlled substances minimum annual percentage rate for random controlled substances testing to 25 percent of the average number of driver positions. In accordance with 49 CFR 382.305(e)(2) if, in the future, the reported positive rate for any calendar year is equal to or greater than 1.0 percent, the FMCSA Administrator will increase the minimum annual percentage rate for random controlled substances testing to 50 percent of all driver positions.

Federal Register, Volume 80 Issue 247 (Thursday, December 24, 2015) 
[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)]
[Notices]
[Pages 80446-80447]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32364]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration


Annual Random Controlled Substances Testing Percentage Rate for 
Calendar Year 2016

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of program change.

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SUMMARY: The FMCSA announces, pursuant to 49 CFR 382.305, that it is 
reducing the minimum annual percentage rate for random controlled 
substances testing for drivers of commercial motor vehicles (CMVs) 
requiring a commercial driver's license (CDL) from the current rate of 
50 percent of the average number of driver positions to 25 percent of 
the average number of driver positions, effective in calendar year 
2016. The FMCSA Administrator has the discretion to decrease the 
minimum annual random testing percentage rate based on the reported 
positive random test rate for the entire motor carrier industry. Based 
on the controlled substances random test data in FMCSA's Management 
Information System (MIS) for calendar years 2011, 2012, and 2013, the 
positive rate for controlled substances random testing fell below the 
1.0 percent threshold for 3 consecutive calendar years. As a result, 
the Agency will lower the controlled substances minimum annual 
percentage rate for random controlled substances testing to 25 percent 
of the average number of driver positions. In accordance with 49 CFR 
382.305(e)(2) if, in the future, the reported positive rate for any 
calendar year is equal to or greater than 1.0 percent, the FMCSA 
Administrator will increase the minimum annual percentage rate for 
random controlled substances testing to 50 percent of all driver 
positions.

DATES: Effective January 1, 2016, the minimum annual percentage rate 
for random controlled substances testing, for drivers of commercial 
motor vehicles (CMVs) requiring a commercial driver's license (CDL), 
will be 25 percent.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, contact Mr. Juan Moya, Drug and Alcohol Program Manager, 
Compliance Division, Federal Motor Carrier Safety Administration, 1200 
New Jersey Avenue SE., Washington, DC 20590, 202-366-4844 or 
fmcsadrugandalcohol@dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    The final rule titled, ``Controlled Substances and Alcohol Use and 
Testing,'' published August 17, 2001, (66 FR 43097), established the 
process by which the Agency determines whether the minimum annual 
percentage rate for random controlled substances testing should be 
increased or decreased. The final rule included a provision indicating 
that the decision on whether to increase or decrease the percentage 
rate would be based upon the motor carrier industry's overall positive 
random controlled substance test rate, as reported by motor carrier 
employers to FMCSA, pursuant to 49 CFR 382.403. Under this performance-
based system, the testing rate was initially set at 50 percent. The 
FMCSA Administrator may, at his or her discretion, lower the minimum 
annual random controlled substances testing

[[Page 80447]]

percentage rate to 25 percent when the industry-wide random controlled 
substances positive rate is less than 1.0 percent for two consecutive 
calendar years. 49 CFR 382.305(g). The new annual random testing 
percentage rate would then apply starting January 1 of the following 
calendar year. 49 CFR 382.305(f).
    In accordance with 49 CFR 382.403, each calendar year FMCSA 
requires motor carriers selected for the survey to submit their DOT 
drug and alcohol testing program results. Selected motor carriers are 
responsible for ensuring the completeness, accuracy, and timeliness of 
the data submitted. The survey requires motor carriers to provide 
information to the Agency on the number of random tests conducted and 
the corresponding positive rates.
    For the 2013 survey, notices were sent out to 3,251 randomly 
selected motor carriers primarily via email and U.S. mail for those 
motor carriers with invalid or no email addresses. Of these forms, 
2,236 were completed and returned to FMCSA, resulting in usable data 
from 1,654 carriers comprising of 497,270 CDL drivers based on the 
motor carriers' survey responses. Respondents providing non-usable data 
represent entities that are out of business, exempt, have no testing 
program in place, or belong to consortia that did not test any drivers 
for the carrier during 2013.
    The estimated positive random controlled substance test rate in 
2013 is 0.7 percent. The 95-percent confidence interval for this 
estimate ranges from 0.6-0.8 percent. In other words, if the survey 
were to be replicated, it would be expected that the confidence 
interval derived from each replication would contain the true usage 
rate in 95 out of 100 surveys. For 2011 and 2012, the estimated 
positive usage rate for drugs was estimated to be 0.9 percent and 0.6 
percent, respectively.
    For calendar year 2015, in order to ensure reliability of the data, 
the FMCSA Administrator made the decision to maintain the annual 
testing percentage rate at 50 percent and sought additional information 
related to drivers' positive test rates. Following a third consecutive 
calendar year of data reporting the positive rate below 1.0 percent 
FMCSA announces that the random controlled substances annual percentage 
testing rate will change from 50 percent to 25 percent. The new minimum 
annual percentage rate for random drug testing will be effective 
January 1, 2016. This change reflects the sustained low positive test 
rate and will result in an estimated $50 million in annual savings to 
motor carriers by requiring that fewer drivers be tested.
    In accordance with 49 CFR 382.305(e)(2) if, in the future, the 
reported positive rate for any calendar year is equal to or greater 
than 1.0 percent, the FMCSA Administrator will increase the minimum 
annual percentage rate for random controlled substances testing to 50 
percent of all driver positions.

Minimum Annual Percentage Rates for Random Controlled Substances 
Testing for 2016

    Effective January 1, 2016, the minimum annual percentage rate for 
random controlled substances testing is 25 percent of the average 
number of driver positions. The minimum annual percentage rate for 
random alcohol testing will remain at 10 percent.

    Issued on: December 17, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015-32364 Filed 12-23-15; 8:45 am]
BILLING CODE 4910-EX-P

80446 Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices The notices of applications stated in like to know that they reached the number of driver positions, effective in detail the qualifications, experience, facility, please enclose a stamped, self- calendar year 2016. The FMCSA and medical condition of each applicant addressed postcard or envelope. Administrator has the discretion to for an exemption from the vision We will consider all comments and decrease the minimum annual random requirements. That information is material received during the comment testing percentage rate based on the available by consulting the above cited period and may change this proposed reported positive random test rate for Federal Register publications. rule based on your comments. FMCSA the entire motor carrier industry. Based Interested parties or organizations may issue a final rule at any time after on the controlled substances random possessing information that would the close of the comment period. test data in FMCSA’s Management otherwise show that any, or all, of these Information System (MIS) for calendar drivers are not currently achieving the Viewing Comments and Documents years 2011, 2012, and 2013, the positive statutory level of safety should To view comments, as well as any rate for controlled substances random immediately notify FMCSA. The documents mentioned in this preamble, testing fell below the 1.0 percent Agency will evaluate any adverse To submit your comment online, go to threshold for 3 consecutive calendar evidence submitted and, if safety is http://www.regulations.gov and in the years. As a result, the Agency will lower being compromised or if continuation of search box insert the docket number the controlled substances minimum the exemption would not be consistent FMCSA–1999–6156; FMCSA–2000– annual percentage rate for random with the goals and objectives of 49 7918; FMCSA–2001–10578; FMCSA– controlled substances testing to 25 U.S.C. 31136(e) and 31315, FMCSA will 2003–15268; FMCSA–2003–15892; percent of the average number of driver take immediate steps to revoke the FMCSA–2005–21711; FMCSA–2005– positions. In accordance with 49 CFR exemption of a driver. 22194; FMCSA–2005–22727; FMCSA– 382.305(e)(2) if, in the future, the 2006–24783; FMCSA–2006–25246; reported positive rate for any calendar Submitting Comments FMCSA–2007–0017; FMCSA–2007– year is equal to or greater than 1.0 You may submit your comments and 26653; FMCSA–2007–27897; FMCSA– percent, the FMCSA Administrator will material online or by fax, mail, or hand 2009–0154; FMCSA–2009–0303; increase the minimum annual delivery, but please use only one of FMCSA–2010–0082; FMCSA–2011– percentage rate for random controlled these means. FMCSA recommends that 0142; FMCSA–2011–0189; FMCSA– substances testing to 50 percent of all you include your name and a mailing 2011–0275; FMCSA–2011–0298; driver positions. address, an email address, or a phone FMCSA–2011–0299; FMCSA–2011– number in the body of your document DATES: Effective January 1, 2016, the 26690; FMCSA–2013–0027; FMCSA– minimum annual percentage rate for so that FMCSA can contact you if there 2013–0029; FMCSA–2013–0030; are questions regarding your random controlled substances testing, FMCSA–2013–0165; FMCSA–2013– for drivers of commercial motor vehicles submission. 0166; FMCSA–2013–0167; FMCSA– To submit your comment online, go to (CMVs) requiring a commercial driver’s 2013–0168; FMCSA–2013–0169; license (CDL), will be 25 percent. http://www.regulations.gov and in the FMCSA–2013–0170 and click ‘‘Search.’’ search box insert the docket numbers FOR FURTHER INFORMATION CONTACT: For Next, click ‘‘Open Docket Folder’’ and FMCSA–1999–6156; FMCSA–2000– information concerning this notice, you will find all documents and 7918; FMCSA–2001–10578; FMCSA– contact Mr. Juan Moya, Drug and comments related to the proposed 2003–15268; FMCSA–2003–15892; Alcohol Program Manager, Compliance rulemaking. FMCSA–2005–21711; FMCSA–2005– Division, Federal Motor Carrier Safety 22194; FMCSA–2005–22727; FMCSA– Issued on: December 17, 2015. Administration, 1200 New Jersey 2006–24783; FMCSA–2006–25246; Larry W. Minor, Avenue SE., Washington, DC 20590, FMCSA–2007–0017; FMCSA–2007– Associate Administrator for Policy. 202–366–4844 or 26653; FMCSA–2007–27897; FMCSA– [FR Doc. 2015–32362 Filed 12–23–15; 8:45 am] fmcsadrugandalcohol@dot.gov. 2009–0154; FMCSA–2009–0303; BILLING CODE 4910–EX–P SUPPLEMENTARY INFORMATION: FMCSA–2010–0082; FMCSA–2011– 0142; FMCSA–2011–0189; FMCSA– Background 2011–0275; FMCSA–2011–0298; DEPARTMENT OF TRANSPORTATION The final rule titled, ‘‘Controlled FMCSA–2011–0299; FMCSA–2011– Substances and Alcohol Use and 26690; FMCSA–2013–0027; FMCSA– Federal Motor Carrier Safety Testing,’’ published August 17, 2001, 2013–0029; FMCSA–2013–0030; Administration (66 FR 43097), established the process FMCSA–2013–0165; FMCSA–2013– by which the Agency determines 0166; FMCSA–2013–0167; FMCSA– Annual Random Controlled whether the minimum annual 2013–0168; FMCSA–2013–0169; Substances Testing Percentage Rate percentage rate for random controlled FMCSA–2013–0170 and click the search for Calendar Year 2016 substances testing should be increased button. When the new screen appears, AGENCY: Federal Motor Carrier Safety or decreased. The final rule included a click on the blue ‘‘Comment Now!’’ Administration (FMCSA), DOT. provision indicating that the decision button on the right hand side of the ACTION: Notice of program change. on whether to increase or decrease the page. On the new page, enter percentage rate would be based upon information required including the SUMMARY: The FMCSA announces, the motor carrier industry’s overall specific section of this document to pursuant to 49 CFR 382.305, that it is positive random controlled substance mstockstill on DSK4VPTVN1PROD with NOTICES which each comment applies, and reducing the minimum annual test rate, as reported by motor carrier provide a reason for each suggestion or percentage rate for random controlled employers to FMCSA, pursuant to 49 recommendation. If you submit your substances testing for drivers of CFR 382.403. Under this performance- comments by mail or hand delivery, commercial motor vehicles (CMVs) based system, the testing rate was submit them in an unbound format, no requiring a commercial driver’s license initially set at 50 percent. The FMCSA larger than 81⁄2 by 11 inches, suitable for (CDL) from the current rate of 50 Administrator may, at his or her copying and electronic filing. If you percent of the average number of driver discretion, lower the minimum annual submit comments by mail and would positions to 25 percent of the average random controlled substances testing VerDate Sep<11>2014 17:57 Dec 23, 2015 Jkt 238001 PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 E:\FR\FM\24DEN1.SGM 24DEN1

Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices 80447 percentage rate to 25 percent when the In accordance with 49 CFR sessions are intended to provide industry-wide random controlled 382.305(e)(2) if, in the future, the interested parties with an opportunity to substances positive rate is less than 1.0 reported positive rate for any calendar share their views on this topic with percent for two consecutive calendar year is equal to or greater than 1.0 Agency representatives, along with any years. 49 CFR 382.305(g). The new percent, the FMCSA Administrator will data or analysis they may have. All annual random testing percentage rate increase the minimum annual comments will be transcribed and would then apply starting January 1 of percentage rate for random controlled placed in the docket referenced above the following calendar year. 49 CFR substances testing to 50 percent of all for FMCSA’s consideration. The entire 382.305(f). driver positions. proceedings of both meetings will be In accordance with 49 CFR 382.403, webcast. each calendar year FMCSA requires Minimum Annual Percentage Rates for Random Controlled Substances Testing DATES: The listening sessions will be motor carriers selected for the survey to for 2016 held on Tuesday, January 12, 2016, from submit their DOT drug and alcohol Effective January 1, 2016, the 9:30 a.m. to 11:30 a.m. and 2:30 p.m. to testing program results. Selected motor carriers are responsible for ensuring the minimum annual percentage rate for 4:30 p.m., Local Time, and on Sunday, completeness, accuracy, and timeliness random controlled substances testing is January 31, 2016, from 2:00 p.m. to 4:00 of the data submitted. The survey 25 percent of the average number of p.m., Local Time. If all interested parties requires motor carriers to provide driver positions. The minimum annual have had the opportunity to comment, information to the Agency on the percentage rate for random alcohol the sessions may conclude early. number of random tests conducted and testing will remain at 10 percent. ADDRESSES: The January 12 listening the corresponding positive rates. Issued on: December 17, 2015. session will be held at the Kentucky For the 2013 survey, notices were sent International Convention Center, Room T.F. Scott Darling, III, out to 3,251 randomly selected motor 108, 221 Fourth St., Louisville, KY Acting Administrator. carriers primarily via email and U.S. 40202. The January 31 session will be [FR Doc. 2015–32364 Filed 12–23–15; 8:45 am] held at the Georgia World Congress mail for those motor carriers with BILLING CODE 4910–EX–P Center, Building C, 285 Andrew Young invalid or no email addresses. Of these forms, 2,236 were completed and International Blvd. NW., Atlanta, GA. In returned to FMCSA, resulting in usable addition to attending the session in DEPARTMENT OF TRANSPORTATION person, the Agency offers several ways data from 1,654 carriers comprising of 497,270 CDL drivers based on the motor Federal Motor Carrier Safety to provide comments, as enumerated carriers’ survey responses. Respondents Administration below. providing non-usable data represent Internet Address for Live Webcast. entities that are out of business, exempt, [Docket No. 2015–0124] FMCSA will post specific information have no testing program in place, or on how to participate via the Internet on Potential Benefits and Feasibility of the FMCSA Web site at belong to consortia that did not test any Voluntary Compliance; Public www.fmcsa.dot.gov in advance of the drivers for the carrier during 2013. The estimated positive random Listening Sessions listening session. controlled substance test rate in 2013 is AGENCY: Federal Motor Carrier Safety You may submit comments identified 0.7 percent. The 95-percent confidence Administration (FMCSA), DOT. by Docket Number FMCSA–2015–0124 interval for this estimate ranges from ACTION: Notice of public listening using any of the following methods: 0.6–0.8 percent. In other words, if the sessions. • Federal eRulemaking Portal: http:// survey were to be replicated, it would www.regulations.gov. Follow the online be expected that the confidence interval SUMMARY: The FMCSA announces that it instructions for submitting comments. derived from each replication would will hold two public listening sessions, • Mail: Docket Management Facility, contain the true usage rate in 95 out of on January 12 and 31, 2016, to solicit U.S. Department of Transportation, 1200 100 surveys. For 2011 and 2012, the information on the potential benefits New Jersey Avenue SE., West Building, estimated positive usage rate for drugs and feasibility of voluntary compliance Ground Floor, Room W12–140, was estimated to be 0.9 percent and 0.6 and ways to credit carriers and drivers Washington, DC 20590–0001. percent, respectively. who initiate and establish programs that • Hand Delivery or Courier: West For calendar year 2015, in order to promote safety beyond the standards Building, Ground Floor, Room W12– ensure reliability of the data, the established in FMCSA regulations. The 140, 1200 New Jersey Avenue SE., FMCSA Administrator made the recently enacted Fixing America’s Washington, DC, between 9 a.m. and 5 decision to maintain the annual testing Surface Transportation (FAST) Act p.m., Monday through Friday, except percentage rate at 50 percent and sought mandates that the FMCSA Federal holidays. additional information related to Administrator allow recognition for a • Fax: 202–493–2251. drivers’ positive test rates. Following a motor carrier that installs advanced Each submission must include the third consecutive calendar year of data safety equipment, enhanced driver Agency name and the docket number for reporting the positive rate below 1.0 fitness measures, fleet safety this notice. Note that DOT posts all percent FMCSA announces that the management tools, technologies, and comments received, without change, to random controlled substances annual programs and other standards for use by www.regulations.gov, including any percentage testing rate will change from motor carriers to receive recognition, personal information included in a mstockstill on DSK4VPTVN1PROD with NOTICES 50 percent to 25 percent. The new including credit or an improved Safety comment. Please see the Privacy Act minimum annual percentage rate for Measurement System (SMS) percentile. heading below. To avoid duplication, random drug testing will be effective FMCSA is soliciting comment to please use only one of these four January 1, 2016. This change reflects the develop a process for identifying and methods. See the ‘‘Public Participation sustained low positive test rate and will reviewing these opportunities to and Request for Comments’’ portion of result in an estimated $50 million in provide credit to those carriers and the SUPPLEMENTARY INFORMATION section annual savings to motor carriers by drivers who go above and beyond the for instructions on submitting requiring that fewer drivers be tested. regulatory requirements. The listening comments. VerDate Sep<11>2014 17:57 Dec 23, 2015 Jkt 238001 PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 E:\FR\FM\24DEN1.SGM 24DEN1


Document Created: 2015-12-24 02:25:10
Document Modified: 2015-12-24 02:25:10
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 of program change.
DatesEffective January 1, 2016, the minimum annual percentage rate for random controlled substances testing, for drivers of commercial motor vehicles (CMVs) requiring a commercial driver's license (CDL), will be 25 percent.
ContactFor information concerning this notice, contact Mr. Juan Moya, Drug and Alcohol Program Manager, Compliance Division, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, 202-366-4844 or [email protected]
FR Citation80 FR 80446 
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