Annual Random Controlled Substances Testing Percentage Rate for Calendar Year 2016, 80446-80447 [2015-32364]
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Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
The notices of applications stated in
detail the qualifications, experience,
and medical condition of each applicant
for an exemption from the vision
requirements. That information is
available by consulting the above cited
Federal Register publications.
Interested parties or organizations
possessing information that would
otherwise show that any, or all, of these
drivers are not currently achieving the
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any adverse
evidence submitted and, if safety is
being compromised or if continuation of
the exemption would not be consistent
with the goals and objectives of 49
U.S.C. 31136(e) and 31315, FMCSA will
take immediate steps to revoke the
exemption of a driver.
Submitting Comments
You may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov and in the
search box insert the docket numbers
FMCSA–1999–6156; FMCSA–2000–
7918; FMCSA–2001–10578; FMCSA–
2003–15268; FMCSA–2003–15892;
FMCSA–2005–21711; FMCSA–2005–
22194; FMCSA–2005–22727; FMCSA–
2006–24783; FMCSA–2006–25246;
FMCSA–2007–0017; FMCSA–2007–
26653; FMCSA–2007–27897; FMCSA–
2009–0154; FMCSA–2009–0303;
FMCSA–2010–0082; FMCSA–2011–
0142; FMCSA–2011–0189; FMCSA–
2011–0275; FMCSA–2011–0298;
FMCSA–2011–0299; FMCSA–2011–
26690; FMCSA–2013–0027; FMCSA–
2013–0029; FMCSA–2013–0030;
FMCSA–2013–0165; FMCSA–2013–
0166; FMCSA–2013–0167; FMCSA–
2013–0168; FMCSA–2013–0169;
FMCSA–2013–0170 and click the search
button. When the new screen appears,
click on the blue ‘‘Comment Now!’’
button on the right hand side of the
page. On the new page, enter
information required including the
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
VerDate Sep<11>2014
17:57 Dec 23, 2015
Jkt 238001
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope.
We will consider all comments and
material received during the comment
period and may change this proposed
rule based on your comments. FMCSA
may issue a final rule at any time after
the close of the comment period.
Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble,
To submit your comment online, go to
https://www.regulations.gov and in the
search box insert the docket number
FMCSA–1999–6156; FMCSA–2000–
7918; FMCSA–2001–10578; FMCSA–
2003–15268; FMCSA–2003–15892;
FMCSA–2005–21711; FMCSA–2005–
22194; FMCSA–2005–22727; FMCSA–
2006–24783; FMCSA–2006–25246;
FMCSA–2007–0017; FMCSA–2007–
26653; FMCSA–2007–27897; FMCSA–
2009–0154; FMCSA–2009–0303;
FMCSA–2010–0082; FMCSA–2011–
0142; FMCSA–2011–0189; FMCSA–
2011–0275; FMCSA–2011–0298;
FMCSA–2011–0299; FMCSA–2011–
26690; FMCSA–2013–0027; FMCSA–
2013–0029; FMCSA–2013–0030;
FMCSA–2013–0165; FMCSA–2013–
0166; FMCSA–2013–0167; FMCSA–
2013–0168; FMCSA–2013–0169;
FMCSA–2013–0170 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to the proposed
rulemaking.
Issued on: December 17, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–32362 Filed 12–23–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Annual Random Controlled
Substances Testing Percentage Rate
for Calendar Year 2016
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of program change.
AGENCY:
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
SUMMARY:
PO 00000
Frm 00135
Fmt 4703
Sfmt 4703
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 performancebased 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
E:\FR\FM\24DEN1.SGM
24DEN1
mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices
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.
VerDate Sep<11>2014
17:57 Dec 23, 2015
Jkt 238001
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
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. 2015–0124]
Potential Benefits and Feasibility of
Voluntary Compliance; Public
Listening Sessions
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of public listening
sessions.
AGENCY:
The FMCSA announces that it
will hold two public listening sessions,
on January 12 and 31, 2016, to solicit
information on the potential benefits
and feasibility of voluntary compliance
and ways to credit carriers and drivers
who initiate and establish programs that
promote safety beyond the standards
established in FMCSA regulations. The
recently enacted Fixing America’s
Surface Transportation (FAST) Act
mandates that the FMCSA
Administrator allow recognition for a
motor carrier that installs advanced
safety equipment, enhanced driver
fitness measures, fleet safety
management tools, technologies, and
programs and other standards for use by
motor carriers to receive recognition,
including credit or an improved Safety
Measurement System (SMS) percentile.
FMCSA is soliciting comment to
develop a process for identifying and
reviewing these opportunities to
provide credit to those carriers and
drivers who go above and beyond the
regulatory requirements. The listening
SUMMARY:
PO 00000
Frm 00136
Fmt 4703
Sfmt 4703
80447
sessions are intended to provide
interested parties with an opportunity to
share their views on this topic with
Agency representatives, along with any
data or analysis they may have. All
comments will be transcribed and
placed in the docket referenced above
for FMCSA’s consideration. The entire
proceedings of both meetings will be
webcast.
The listening sessions will be
held on Tuesday, January 12, 2016, from
9:30 a.m. to 11:30 a.m. and 2:30 p.m. to
4:30 p.m., Local Time, and on Sunday,
January 31, 2016, from 2:00 p.m. to 4:00
p.m., Local Time. If all interested parties
have had the opportunity to comment,
the sessions may conclude early.
ADDRESSES: The January 12 listening
session will be held at the Kentucky
International Convention Center, Room
108, 221 Fourth St., Louisville, KY
40202. The January 31 session will be
held at the Georgia World Congress
Center, Building C, 285 Andrew Young
International Blvd. NW., Atlanta, GA. In
addition to attending the session in
person, the Agency offers several ways
to provide comments, as enumerated
below.
Internet Address for Live Webcast.
FMCSA will post specific information
on how to participate via the Internet on
the FMCSA Web site at
www.fmcsa.dot.gov in advance of the
listening session.
You may submit comments identified
by Docket Number FMCSA–2015–0124
using any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
• Fax: 202–493–2251.
Each submission must include the
Agency name and the docket number for
this notice. Note that DOT posts all
comments received, without change, to
www.regulations.gov, including any
personal information included in a
comment. Please see the Privacy Act
heading below. To avoid duplication,
please use only one of these four
methods. See the ‘‘Public Participation
and Request for Comments’’ portion of
the SUPPLEMENTARY INFORMATION section
for instructions on submitting
comments.
DATES:
E:\FR\FM\24DEN1.SGM
24DEN1
]]>Agencies
[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)]
[Notices]
[Pages 80446-80447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32364]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
