Informational Notice Regarding Certain Substituted Specimens, 51887-51891 [07-4428]

Download as PDF sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Notices Due Date for Answers, Conforming Applications, or Motion to Modify Scope: July 24, 2007. Description: Application of Thomas Cook Airlines UK Limited, (‘‘Thomas Cook UK’’) requesting a foreign air carrier permit so that Thomas Cook UK will be able to exercise new rights made available to European air carriers pursuant to the Air Transport Agreement between the United States and the European Community and the Member States of the European Union (US–EC Agreement). Thomas Cook UK also requests an amendment to its existing exemption to the extent necessary to enable it to provide the services covered by this application while the Department evaluates Thomas Cook UK’s application for a foreign air carrier permit. Docket Number: OST–2007–27060. Date Filed: July 5, 2007. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: July 25, 2007. Description: Application of Zoom Airlines Limited (‘‘Zoom’’), requesting amendment no. 2 to its application for a foreign air carrier permit and an exemption to conduct: (i) Foreign scheduled and charter air transportation of persons, property and mail from any point(s) behind any Member State(s) of the European Community via any point(s) in any Member State(s) and intermediate points to any point(s) in the United States and beyond; (ii) foreign scheduled and charter air transportation of persons, property and mail between any point(s) in the United States and any point(s) in any member of the European Common Aviation Area; (iii) foreign scheduled and charter cargo air transportation between any point(s) in the United States and any other points(s); (iv) other charters pursuant Part 212; and (v) transportation authorized by any additional route or other right(s) made available to European Community carriers in the future. Docket Number: OST–2007–28705. Date Filed: July 6, 2007. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: July 27, 2007. Description: Application of Virgin Blue International Airlines Pty Ltd (‘‘VBIA’’), requesting a foreign air carrier permit and an exemption in order to engage in scheduled foreign air transportation of persons, property and mail between the United States and Australia to the full extent authorized by the Air Transport Agreement between the United States of the America and the Government of the VerDate Aug<31>2005 17:06 Sep 10, 2007 Jkt 211001 Commonwealth of Australia (‘‘the USAustralia Agreement’’). VBIA also requests authority to engage in charter trips in foreign air transportation and other charters. Renee V. Wright, Program Manager, Docket Operations, Federal Register Liaison. [FR Doc. E7–17848 Filed 9–10–07; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION Office of the Secretary Informational Notice Regarding Certain Substituted Specimens Office of the Secretary, U.S. Department of Transportation. SUMMARY: The Office of Drug and Alcohol Policy and Compliance (ODAPC) is taking action to rectify what may be a mischaracterization of some test results as being substituted specimens. In appropriate cases, ODAPC will reconsider the employee’s original refusal result, when reported from September 1998 through May 2003, and based upon a ‘‘substitution’’ finding in a given numerical range. FOR FURTHER INFORMATION CONTACT: Mark Snider, U.S. Department of Transportation, Office of the Secretary, Office of Drug and Alcohol Policy and Compliance, 1200 New Jersey Avenue, SE., Washington, DC 20590; or Telephone (202) 366–3784; or E-mail mark.snider@dot.gov. AGENCY: In September 1998, Department of Health and Human Services (HHS) issued guidance (Program Document 035; September 28, 1998), for laboratories to determine when to report a urine specimen to the Medical Review Officer (MRO) as substituted. Under this guidance, a substituted specimen must have had a creatinine level of 5 mg/dL or less and a specific gravity less than or equal to 1.001 or greater than or equal to 1.020. On the same date—September 28, 1998—ODAPC issued a memorandum to MROs as a companion piece to HHS’s PD 035. In its memorandum, ODAPC instructed MROs to consider laboratory reported substituted results as refusals to test. There were no provisions for MRO review of substituted laboratory results. The Department of Transportation amended part 40 (65 FR 79462), effective January 18, 2001, to put into practice, among other things, procedures for MRO review of substituted specimens. The amendment SUPPLEMENTARY INFORMATION: PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 51887 held that employees could show MROs that they had medical reasons for producing the result and present evidence that they could naturally produce specimens meeting the HHS criteria for substituted specimens. MROs could cancel a ‘‘substituted’’ result in these circumstances. In May 2003, in response to scientific information that suggested that some people could naturally produce urine with creatinine in the 2 to 5 mg/dL range, the Department of Transportation issued an interim final rule (68 FR 31624; May 28, 2003) directing MROs not to treat these results as substituted, but as negative-dilute. Unlike part 40 procedures with other negative-dilute results however, MROs were instructed to direct the employer to have the employee return to the collection site for a directly observed collection with no prior notice. The result of the observed collection would be the result of the record for the entire testing event. HHS revised its Mandatory Guidelines with an effective date of November 1, 2004 (69 FR 19659; April 13, 2004). Among the revisions contained in the HHS Guidelines was the requirement that laboratories modify substituted specimen criteria. Under the revised HHS Guidelines, there were, and are, no specimens with creatinine levels greater than or equal to 2 mg/dL being reported by laboratories as substituted. Substituted results with creatinine in the 2 to 5 mg/dL range occurring between September 1998 and May 2003 were, according to the valid regulations in effect at that time, properly interpreted as refusals to test. However, in the interest of fairness the Department of Transportation is providing to individuals with such results the opportunity to have their drug test result reconsidered. If an employee’s substituted drug test result is reconsidered, employers will be instructed not to report the substituted result to other DOT regulated employers requesting the employee’s drug and alcohol testing history as required in 49 CFR part 40.25. The Department of Transportation is issuing this notice to set forth the procedures for such reconsideration. According to the notice, we intend to grant reconsideration only to those employees who present credible medical documentation that demonstrates their ability to naturally produce urine specimens with creatinine concentrations equal to or greater than 2, but less than or equal to 5 mg/dL and a specific gravity less than or equal to 1.001 or greater than or equal to 1.020. E:\FR\FM\11SEN1.SGM 11SEN1 51888 Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Notices sroberts on PROD1PC70 with NOTICES Employers who discover that an employee was reported to have a refusal to test as the result of a laboratory finding of creatinine concentration equal to or greater than 2, but less than or equal to 5 mg/dL, prior to May 28, 2003, should inform the employee that he or she may submit documentation to ODAPC for reconsideration. To be viewed by ODAPC as credible medical documentation, the employee would have to submit information from a licensed physician or a MRO which documents that the employee can VerDate Aug<31>2005 17:06 Sep 10, 2007 Jkt 211001 physiologically produce urine meeting the creatinine and specific gravity criteria. ODAPC will also accept an MRO verified drug result from the employee which resulted from a Department of Transportation required drug testing event that demonstrates the employee’s ability to produce a creatinine level equal to or greater than 2, but less than or equal to 5 mg/dL. This verified result must have been reported by the MRO to the employer after May 28, 2003. PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 The notice also provides the address that employees should send their documentation. ODAPC will carefully review every submission and will respond in writing to each employee who seeks to have his or her original refusal to test result reviewed. Issued this 5th day of September 2007, at Washington, DC. Jim L. Swart, Acting Director, Office of Drug and Alcohol Policy and Compliance. E:\FR\FM\11SEN1.SGM 11SEN1 VerDate Aug<31>2005 17:06 Sep 10, 2007 Jkt 211001 PO 00000 Frm 00118 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 51889 EN11SE07.007</GPH> sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Notices VerDate Aug<31>2005 Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Notices 17:06 Sep 10, 2007 Jkt 211001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE07.008</GPH> sroberts on PROD1PC70 with NOTICES 51890 Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Notices BILLING CODE 4910–9X–C DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2007–28850] Agency Information Collection Activities; Revision of an Approved Information Collection: Driver Qualification Files Please send your comments by October 11, 2007. OMB must receive your comments by this date in order to act quickly on the ICR. DATES: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice and request for comments. sroberts on PROD1PC70 with NOTICES AGENCY: 17:06 Sep 10, 2007 Jkt 211001 All comments should reference Docket No. FMCSA–2007– 28850. You may submit comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 Seventeenth Street, NW., ADDRESSES: SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) VerDate Aug<31>2005 described below to the Office of Management and Budget (OMB) for review and approval. This collection, entitled ‘‘Driver Qualification Files,’’ accounts for the information that motor carriers must obtain and maintain on the qualifications of the commercial motor vehicle (CMV) drivers they employ. On May 23, 2007, FMCSA published a Federal Register notice allowing for a 60-day comment period on the ICR. No comments were received. PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 Washington, DC 20503, Attention: DOT/ FMCSA Desk Officer. FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division. Telephone: 202–366–4235; e-mail MCPSD@dot.gov. SUPPLEMENTARY INFORMATION: Title: Driver Qualification Files. OMB Control Number: 2126–0004. Type of Request: Revision of a currently approved collection. Respondents: Motor carriers; drivers. Estimated Number of Respondents: 7 million. Estimated Time per Response: An average of 28 minutes. Expiration Date: September 30, 2007. Frequency of Response: The principal obligations of these rules are imposed on motor carriers when considering a driver for employment, and on CMV drivers, when applying for employment. E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE07.009</GPH> [FR Doc. 07–4428 Filed 9–10–07; 8:45 am] 51891

Agencies

[Federal Register Volume 72, Number 175 (Tuesday, September 11, 2007)]
[Notices]
[Pages 51887-51891]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-4428]


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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Informational Notice Regarding Certain Substituted Specimens

AGENCY: Office of the Secretary, U.S. Department of Transportation.
SUMMARY: The Office of Drug and Alcohol Policy and Compliance (ODAPC) 
is taking action to rectify what may be a mischaracterization of some 
test results as being substituted specimens. In appropriate cases, 
ODAPC will reconsider the employee's original refusal result, when 
reported from September 1998 through May 2003, and based upon a 
``substitution'' finding in a given numerical range.

FOR FURTHER INFORMATION CONTACT: Mark Snider, U.S. Department of 
Transportation, Office of the Secretary, Office of Drug and Alcohol 
Policy and Compliance, 1200 New Jersey Avenue, SE., Washington, DC 
20590; or Telephone (202) 366-3784; or E-mail mark.snider@dot.gov.

SUPPLEMENTARY INFORMATION: In September 1998, Department of Health and 
Human Services (HHS) issued guidance (Program Document 035; September 
28, 1998), for laboratories to determine when to report a urine 
specimen to the Medical Review Officer (MRO) as substituted. Under this 
guidance, a substituted specimen must have had a creatinine level of 5 
mg/dL or less and a specific gravity less than or equal to 1.001 or 
greater than or equal to 1.020.
    On the same date--September 28, 1998--ODAPC issued a memorandum to 
MROs as a companion piece to HHS's PD 035. In its memorandum, ODAPC 
instructed MROs to consider laboratory reported substituted results as 
refusals to test. There were no provisions for MRO review of 
substituted laboratory results.
    The Department of Transportation amended part 40 (65 FR 79462), 
effective January 18, 2001, to put into practice, among other things, 
procedures for MRO review of substituted specimens. The amendment held 
that employees could show MROs that they had medical reasons for 
producing the result and present evidence that they could naturally 
produce specimens meeting the HHS criteria for substituted specimens. 
MROs could cancel a ``substituted'' result in these circumstances.
    In May 2003, in response to scientific information that suggested 
that some people could naturally produce urine with creatinine in the 2 
to 5 mg/dL range, the Department of Transportation issued an interim 
final rule (68 FR 31624; May 28, 2003) directing MROs not to treat 
these results as substituted, but as negative-dilute. Unlike part 40 
procedures with other negative-dilute results however, MROs were 
instructed to direct the employer to have the employee return to the 
collection site for a directly observed collection with no prior 
notice. The result of the observed collection would be the result of 
the record for the entire testing event.
    HHS revised its Mandatory Guidelines with an effective date of 
November 1, 2004 (69 FR 19659; April 13, 2004). Among the revisions 
contained in the HHS Guidelines was the requirement that laboratories 
modify substituted specimen criteria. Under the revised HHS Guidelines, 
there were, and are, no specimens with creatinine levels greater than 
or equal to 2 mg/dL being reported by laboratories as substituted.
    Substituted results with creatinine in the 2 to 5 mg/dL range 
occurring between September 1998 and May 2003 were, according to the 
valid regulations in effect at that time, properly interpreted as 
refusals to test. However, in the interest of fairness the Department 
of Transportation is providing to individuals with such results the 
opportunity to have their drug test result reconsidered. If an 
employee's substituted drug test result is reconsidered, employers will 
be instructed not to report the substituted result to other DOT 
regulated employers requesting the employee's drug and alcohol testing 
history as required in 49 CFR part 40.25.
    The Department of Transportation is issuing this notice to set 
forth the procedures for such reconsideration. According to the notice, 
we intend to grant reconsideration only to those employees who present 
credible medical documentation that demonstrates their ability to 
naturally produce urine specimens with creatinine concentrations equal 
to or greater than 2, but less than or equal to 5 mg/dL and a specific 
gravity less than or equal to 1.001 or greater than or equal to 1.020.

[[Page 51888]]

    Employers who discover that an employee was reported to have a 
refusal to test as the result of a laboratory finding of creatinine 
concentration equal to or greater than 2, but less than or equal to 5 
mg/dL, prior to May 28, 2003, should inform the employee that he or she 
may submit documentation to ODAPC for reconsideration. To be viewed by 
ODAPC as credible medical documentation, the employee would have to 
submit information from a licensed physician or a MRO which documents 
that the employee can physiologically produce urine meeting the 
creatinine and specific gravity criteria. ODAPC will also accept an MRO 
verified drug result from the employee which resulted from a Department 
of Transportation required drug testing event that demonstrates the 
employee's ability to produce a creatinine level equal to or greater 
than 2, but less than or equal to 5 mg/dL. This verified result must 
have been reported by the MRO to the employer after May 28, 2003.
    The notice also provides the address that employees should send 
their documentation. ODAPC will carefully review every submission and 
will respond in writing to each employee who seeks to have his or her 
original refusal to test result reviewed.

    Issued this 5th day of September 2007, at Washington, DC.
Jim L. Swart,
Acting Director, Office of Drug and Alcohol Policy and Compliance.

[[Page 51889]]

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[[Page 51890]]


[GRAPHIC] [TIFF OMITTED] TN11SE07.008


[[Page 51891]]


[GRAPHIC] [TIFF OMITTED] TN11SE07.009

[FR Doc. 07-4428 Filed 9-10-07; 8:45 am]
BILLING CODE 4910-9X-C
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