81 FR 4739 - Mounir R. Khouri; Public Interest Exclusion Order

DEPARTMENT OF TRANSPORTATION
Office of the Secretary

Federal Register Volume 81, Issue 17 (January 27, 2016)

Page Range		4739-4739
FR Document		2016-01630

On January 20, 2016, 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, Mounir R. Khouri, from providing drug and alcohol testing services in any capacity to any DOT-regulated employer for a period of 5 years. Mr. Khouri provided Consortium/Third Party Administrator Services (C/TPA) and Medical Review Officer (MRO) services to DOT- regulated trucking companies. Mr. Khouri pled guilty to criminal charges that he made materially false statements that an MRO had reviewed drug test results, when a qualified MRO had not done so. This Federal Register publication serves as notice to the public that DOT- regulated employers or their service agents must stop using the services of Mounir R. Khouri for administering their DOT-regulated drug and/or alcohol testing programs.

Federal Register, Volume 81 Issue 17 (Wednesday, January 27, 2016)

[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Notices]
[Page 4739]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01630]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Mounir R. Khouri; Public Interest Exclusion Order

AGENCY: Office of the Secretary, DOT.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: On January 20, 2016, 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, Mounir R. Khouri, from providing drug and alcohol testing 
services in any capacity to any DOT-regulated employer for a period of 
5 years. Mr. Khouri provided Consortium/Third Party Administrator 
Services (C/TPA) and Medical Review Officer (MRO) services to DOT-
regulated trucking companies. Mr. Khouri pled guilty to criminal 
charges that he made materially false statements that an MRO had 
reviewed drug test results, when a qualified MRO had not done so. This 
Federal Register publication serves as notice to the public that DOT-
regulated employers or their service agents must stop using the 
services of Mounir R. Khouri for administering their DOT-regulated drug 
and/or alcohol testing programs.

DATES: The effective date of the Public Interest Exclusion is January 
20, 2016 and it will remain in effect until January 20, 2021.

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 [email protected].

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 (NOPE) to Mr. Khouri on August 27, 2015, 
notifying him that he had engaged in serious noncompliance. In the 
NOPE, the FMCSA stated that the Department's Office of the Inspector 
General had conducted a criminal investigation that revealed that Mr. 
Khouri subverted the MRO's role in the testing process. Specifically, 
Mr. Khouri held out as performing C/TPA services and he: Received 
laboratory confirmed drug test results and falsely certified that those 
results were reviewed by a qualified MRO; acted as an MRO, without 
qualifications to do so, by verifying laboratory confirmed positive 
test results; and prepared false Federal Drug Testing Custody and 
Control Forms (CCFs) for untested specimens and misrepresented that the 
specimens had tested negative. In the United States District Court for 
the District of Vermont, Mr. Khouri pled guilty and was convicted for 
making false statements on a CCF. Those false statements indicated that 
an MRO had reviewed a drug test, when Mr. Khouri knew that had not 
occurred.

Public Interest Exclusion Decision and Order

    On January 20, 2016, the Department issued a PIE against Mounir R. 
Khouri. This PIE prohibits all DOT-regulated employers and service 
agents from utilizing Mounir R. Khouri 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), Mounir R. Khouri 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 
Mounir R. Khouri is subject to a PIE for 5 years. After January 20, 
2021, Mounir R. Khouri, 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 Mounir R. 
Khouri between January 20, 2016 and January 20, 2021 may be subject to 
a civil penalty for violation of Part 40.

    Dated this 20th day of January, 2016, at Washington, DC.
Patrice M. Kelly,
Acting Director, Office of Drug and Alcohol Policy Compliance.
[FR Doc. 2016-01630 Filed 1-26-16; 8:45 am]
BILLING CODE 4910-9X-P

Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Notices 4739

By the Board, Rachel D. Campbell, General had conducted a criminal Dated this 20th day of January, 2016, at
Director, Office of Proceedings. investigation that revealed that Mr. Washington, DC.
Tia Delano, Khouri subverted the MRO’s role in the Patrice M. Kelly,
Clearance Clerk. testing process. Specifically, Mr. Khouri Acting Director, Office of Drug and Alcohol
[FR Doc. 2016–01642 Filed 1–26–16; 8:45 am] held out as performing C/TPA services Policy Compliance.
BILLING CODE P and he: Received laboratory confirmed [FR Doc. 2016–01630 Filed 1–26–16; 8:45 am]
drug test results and falsely certified BILLING CODE 4910–9X–P
that those results were reviewed by a
DEPARTMENT OF TRANSPORTATION qualified MRO; acted as an MRO,
without qualifications to do so, by DEPARTMENT OF THE TREASURY
Office of the Secretary verifying laboratory confirmed positive
Office of the Secretary
Mounir R. Khouri; Public Interest test results; and prepared false Federal
Exclusion Order Drug Testing Custody and Control List of Countries Requiring
Forms (CCFs) for untested specimens Cooperation With an International
AGENCY: Office of the Secretary, DOT. and misrepresented that the specimens Boycott
ACTION: Notice. had tested negative. In the United States
District Court for the District of In accordance with section 999(a)(3)
SUMMARY: On January 20, 2016, the of the Internal Revenue Code of 1986,
Department of Transportation (DOT) Vermont, Mr. Khouri pled guilty and
was convicted for making false the Department of the Treasury is
issued a decision and order under the publishing a current list of countries
Procedures for Transportation statements on a CCF. Those false
statements indicated that an MRO had which require or may require
Workplace Drug and Alcohol Testing participation in, or cooperation with, an
Programs that excludes a service agent, reviewed a drug test, when Mr. Khouri
international boycott (within the
Mounir R. Khouri, from providing drug knew that had not occurred.
meaning of section 999(b)(3) of the
and alcohol testing services in any Public Interest Exclusion Decision and Internal Revenue Code of 1986).
capacity to any DOT-regulated employer On the basis of the best information
Order
for a period of 5 years. Mr. Khouri currently available to the Department of
provided Consortium/Third Party On January 20, 2016, the Department the Treasury, the following countries
Administrator Services (C/TPA) and issued a PIE against Mounir R. Khouri. require or may require participation in,
Medical Review Officer (MRO) services This PIE prohibits all DOT-regulated or cooperation with, an international
to DOT-regulated trucking companies. employers and service agents from boycott (within the meaning of section
Mr. Khouri pled guilty to criminal utilizing Mounir R. Khouri for drug and 999(b)(3) of the Internal Revenue Code
charges that he made materially false alcohol testing services in any capacity of 1986).
statements that an MRO had reviewed for a period of 5 years. A full copy of Iraq
drug test results, when a qualified MRO Kuwait
the Department’s Decision and Order
had not done so. This Federal Register Lebanon
can be found at http://www.dot.gov/
publication serves as notice to the Libya
public that DOT-regulated employers or odapc.
Qatar
their service agents must stop using the In accordance with the terms of the Saudi Arabia
services of Mounir R. Khouri for Department’s Decision and Order and Syria
administering their DOT-regulated drug per 49 CFR 40.403(a), Mounir R. Khouri United Arab Emirates
and/or alcohol testing programs. is required to directly notify each of the Yemen
DATES: The effective date of the Public affected DOT-regulated employer clients
Dated: January 19, 2016.
Interest Exclusion is January 20, 2016 in writing about the issuance, scope,
Danielle Rolfes,
and it will remain in effect until January duration, and effect of the PIE. The
20, 2021. Department is notifying employers and International Tax Counsel, (Tax Policy).
FOR FURTHER INFORMATION CONTACT: the public about this PIE by publishing [FR Doc. 2016–01622 Filed 1–26–16; 8:45 am]
Patrice M. Kelly, Acting Director, U.S. it in a ‘‘List of Excluded Drug and BILLING CODE 4810–25–P

Department of Transportation, Office of Alcohol Service Agents’’ on its Web site
Drug and Alcohol Policy and at http://www.dot.gov/odapc/ and will
Compliance, 1200 New Jersey Avenue DEPARTMENT OF THE TREASURY
make the list available upon request. As
SE., Washington, DC 20590; (202) 366– required by 49 CFR 40.401(d), the Multiemployer Pension Plan
3784 (voice), (202) 366–3897 (fax), or Department is publishing this Federal Application To Reduce Benefits
patrice.kelly@dot.gov. Register notice to inform the public that
SUPPLEMENTARY INFORMATION: Mounir R. Khouri is subject to a PIE for AGENCY: Department of the Treasury.
Background 5 years. After January 20, 2021, Mounir ACTION:Notice of availability; Request
R. Khouri, will be removed from the list for comments.
In accordance with the provisions of
and the public will be notified of that
the Department’s regulation at 49 CFR SUMMARY: The Board of Trustees of the
removal, also in accordance with 49
part 40 (Part 40), Subpart R, Public Iron Workers Local 17 Pension Plan, a
asabaliauskas on DSK5VPTVN1PROD with NOTICES

Interest Exclusions (PIE), the Federal CFR 40.401(d). multiemployer pension plan, has
Motor Carrier Safety Administration Any DOT-regulated employer who submitted an application to Treasury to
(FMCSA) issued a Notice of Proposed uses the services of Mounir R. Khouri reduce benefits under the plan in
Exclusion (NOPE) to Mr. Khouri on between January 20, 2016 and January accordance with the Multiemployer
August 27, 2015, notifying him that he 20, 2021 may be subject to a civil Pension Reform Act of 2014 (MPRA).
had engaged in serious noncompliance. penalty for violation of Part 40. The purpose of this notice is to
In the NOPE, the FMCSA stated that the announce that the application submitted
Department’s Office of the Inspector by the Board of Trustees of the Iron

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Document Created: 2018-02-02 12:39:54
Document Modified: 2018-02-02 12:39:54

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		The effective date of the Public Interest Exclusion is January 20, 2016 and it will remain in effect until January 20, 2021.
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 [email protected]
FR Citation		81 FR 4739

81 FR 4739 - Mounir R. Khouri; Public Interest Exclusion Order

DEPARTMENT OF TRANSPORTATIONOffice of the Secretary

Federal Register Volume 81, Issue 17 (January 27, 2016)

DEPARTMENT OF TRANSPORTATION
Office of the Secretary