Annual Random Controlled Substances Testing Percentage Rate for Calendar Year 2020, 71527-71528 [2019-28164]

Download as PDF Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Notices DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2019–0191] Agency Information Collection Activities; Renewal of a CurrentlyApproved Information Collection Request: Financial Responsibility for Motor Carriers of Passengers and Motor Carriers of Property Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval and invites public comment. The information collected will be used to help ensure that motor carriers of passengers and property maintain appropriate levels of financial responsibility. DATES: We must receive your comments on or before January 27, 2020. ADDRESSES: All comments should reference Federal Docket Management System (FDMS) Docket Number FMCSA–2019–0191. Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the attention of the Desk Officer, Department of Transportation/Federal Motor Carrier Safety Administration, and sent via electronic mail to oira_submission@ omb.eop.gov, or faxed to (202) 395– 6974, or mailed to the Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW, Washington, DC 20503. In the 60-day Federal Register notice (84 FR 52164) published on October 1, 2019, FMCSA received two comments. One was from an anonymous commenter which was not relevant to the information collection. The National School Transportation Association submitted a letter supporting the Agency’s proposal to renew the information collection. FOR FURTHER INFORMATION CONTACT: Mr. Jeff Secrist, Office of Registration and Safety Information, Chief, Registration, Licensing and Insurance Division, Department of Transportation, Federal Motor Carrier Safety Administration, jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:44 Dec 26, 2019 Jkt 250001 West Building 6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590. Telephone: 202–385–2367; email: jeff.secrist@dot.gov. Office hours are from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays. SUPPLEMENTARY INFORMATION: Title: Financial Responsibility for Motor Carriers of Passengers and Motor Carriers of Property. OMB Control Number: 2126–0008. Type of Request: Renewal of a currently-approved information collection. Respondents: Insurance underwriters for insurance and surety companies of motor carriers of property (Forms MCS– 90 and MCS–82) and passengers (Forms MCS–90B and MCS–82B), motor carrier clerks employed by motor carriers (storing/maintaining insurance and/or surety bond documentation), and vehicle maintenance staff employed by Canadian and Mexican/non-NorthAmerican (NNA) domiciled motor carriers (placing copies of documentation in vehicles). Estimated Number of Respondents: 202,458. Estimated Time per Response: FMCSA estimates it takes 2 minutes to complete the Endorsement for Motor Carrier Policies of Insurances for Public Liability (Forms MCS–90 for property carriers and MCS–90B for passenger carriers) or the Motor Carrier Public Liability Surety Bond (Forms MCS–82 for property carriers and MCS–82B for passenger carriers); 1 minute to store/ maintain documents at the motor carrier’s place of business [49 CFR 387.7(d); 49 CFR 387.31(d)]; and 1 minute to place either document on board the vehicle, required for Canadian and Mexican/NNA carriers operating in the United States [49 CFR 387.7(f); 387.31(f)]. Expiration Date: January 31, 2020. Frequency of Response: Upon creation, change, or replacement of an insurance policy or surety bond. Estimated Total Annual Burden: 5,739 hours [4,931 annual burden hours for ICs 1–4 + 808 annual burden hours for IC–5 document placement in vehicles = 5,739]. Background: The Secretary of Transportation is responsible for implementing regulations which establish minimal levels of financial responsibility for: (1) For-hire motor carriers of property to cover public liability, property damage and environmental restoration, and (2) forhire motor carriers of passengers to cover public liability and property damage. The Endorsement for Motor PO 00000 Frm 00180 Fmt 4703 Sfmt 4703 71527 Carrier Policies of Insurance for Public Liability (Forms MCS–90/90B) and the Motor Carrier Public Liability Surety Bond (Forms MCS–82/82B) contain the minimum amount of information necessary to document that a motor carrier of property or passengers has obtained, and has in effect, the minimum levels of financial responsibility as set forth in applicable regulations (motor carriers of property— 49 CFR 387.9; and motor carriers of passengers—49 CFR 387.33). FMCSA and the public can verify that a motor carrier of property or passengers has obtained, and has in effect, the required minimum levels of financial responsibility, by use of the information enclosed within these documents. The 60-day Federal Register notice (84 FR 52164) published on October 1, 2019, announced FMCSA’s intent to submit the Financial Responsibility of Motor Carriers of Passengers and Motor Carriers of Property clearance process to OMB for approval and requested comments from the public for 60 days. The FMCSA received two comments in response to the 60-day Federal Register notice. One was from an anonymous commenter which was not relevant to the information collection. The National School Transportation Association submitted a letter supporting the Agency’s proposal to renew the information collection. Public Comments Invited: You are asked to comment on any aspect of this information collection, including: (1) Whether the proposed collection is necessary for the FMCSA to perform its functions; (2) the accuracy of the estimated burden; (3) ways for the FMCSA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized without reducing the quality of the collected information. Issued under the authority delegated in 49 CFR 1.87 on December 19, 2019. Kelly Regal, Associate Administrator for Office of Research and Information Technology. [FR Doc. 2019–27900 Filed 12–26–19; 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 2020 Federal Motor Carrier Safety Administration (FMCSA), DOT. AGENCY: E:\FR\FM\27DEN1.SGM 27DEN1 71528 ACTION: Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Notices Notice of program change. The FMCSA announces that it is increasing 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 25 percent of the average number of driver positions to 50 percent of the average number of driver positions, effective in calendar year 2020. The FMCSA Administrator must increase the minimum annual random testing percentage rate when the data received under the reporting requirements for any calendar year indicate that the reported positive rate is equal to or greater than 1.0 percent. Based on the results of the 2018 FMCSA Drug and Alcohol Testing Survey, the positive rate for controlled substances random testing increased to 1.0 percent. Therefore, the Agency will increase the controlled substances minimum annual percentage rate for random controlled substances testing to 50 percent of the average number of driver positions. DATES: Beginning January 1, 2020, 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 50 percent. FOR FURTHER INFORMATION 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: SUMMARY: jbell on DSKJLSW7X2PROD with NOTICES 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, when the minimum annual percentage rate for random controlled substances testing is 25 percent, and the data received under the reporting requirements for any calendar year indicate that the reported positive VerDate Sep<11>2014 18:44 Dec 26, 2019 Jkt 250001 rate is equal to or greater than 1 percent, the FMCSA Administrator will increase the minimum annual percentage rate for random controlled substances to 50 percent for all driver positions (49 CFR 382.305(h)). The new annual random testing percentage rate would then apply starting January 1 of the following calendar year. 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 2018 survey, forms were sent to 4,480 randomly selected motor carriers. Of these forms, 1,908 were completed and returned to FMCSA, resulting in usable data from 1,552 carriers (comprising of 300,635 CDL drivers) for random controlled substance testing. 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 2018. The estimated positive random controlled substance test rate in 2018 is 1 percent. The 95-percent confidence interval for this estimate ranges from 0.9 to 1.1 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 2016 and 2017, the estimated positive usage rate for drugs was estimated to be 0.7 percent and 0.8 percent, respectively. A more detailed discussion of the 2018 drug and alcohol testing survey results can be found in the Analysis Brief included in the docket for this Notice. Part 382 Compliance Based on the 2018 survey results, the estimated percentage of subject motor carriers with random controlled substance and alcohol testing programs in place is 94 percent, and the estimated percentage of all CDL drivers participating in such programs is 99 percent. FMCSA estimates there are 3.2 million CDL holders operating in interstate commerce and 1 million CDL holders operating in intrastate commerce. With this population, at least 1.05 million random controlled substances tests would be conducted with an annual random testing rate of 25 percent of all driving positions. At a 50 PO 00000 Frm 00181 Fmt 4703 Sfmt 4703 percent annual random testing rate, approximately 2.1 million random controlled substances tests will need to be conducted in calendar year 2020. The new minimum annual percentage rate for random drug testing will be effective January 1, 2020. This change reflects the increased positive test rate and will result in an estimated $50 to 70 million increase in costs to the industry by requiring that more drivers be tested. Minimum Annual Percentage Rates for Random Controlled Substances Testing for 2020 Beginning January 1, 2020, the minimum annual percentage rate for random controlled substances testing is 50 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 20, 2019. Elaine L. Chao, Secretary. [FR Doc. 2019–28164 Filed 12–26–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration Limitation on Claims Against Proposed Public Transportation Projects Federal Transit Administration (FTA), DOT. ACTION: Notice. AGENCY: This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for projects in Denver, Colorado, Portland, Oregon, and Las Vegas, Nevada. The purpose of this notice is to announce publicly the environmental decisions by FTA on the subject projects and to activate the limitation on any claims that may challenge these final environmental actions. DATES: By this notice, FTA is advising the public of final agency actions subject to 23 U.S.C. 139(l). A claim seeking judicial review of FTA actions announced herein for the listed public transportation projects will be barred unless the claim is filed on or before May 26, 2020. FOR FURTHER INFORMATION CONTACT: Nancy-Ellen Zusman, Assistant Chief Counsel, Office of Chief Counsel, (312) 353–2577 or Juliet Bochicchio, Environmental Protection Specialist, Office of Environmental Programs, (202) 366–9348. FTA is located at 1200 New Jersey Avenue SE, Washington, DC 20590. Office hours are from 9:00 a.m. SUMMARY: E:\FR\FM\27DEN1.SGM 27DEN1

Agencies

[Federal Register Volume 84, Number 248 (Friday, December 27, 2019)]
[Notices]
[Pages 71527-71528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28164]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration


Annual Random Controlled Substances Testing Percentage Rate for 
Calendar Year 2020

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

[[Page 71528]]


ACTION: Notice of program change.

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SUMMARY: The FMCSA announces that it is increasing 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 25 percent of the average number 
of driver positions to 50 percent of the average number of driver 
positions, effective in calendar year 2020. The FMCSA Administrator 
must increase the minimum annual random testing percentage rate when 
the data received under the reporting requirements for any calendar 
year indicate that the reported positive rate is equal to or greater 
than 1.0 percent. Based on the results of the 2018 FMCSA Drug and 
Alcohol Testing Survey, the positive rate for controlled substances 
random testing increased to 1.0 percent. Therefore, the Agency will 
increase the controlled substances minimum annual percentage rate for 
random controlled substances testing to 50 percent of the average 
number of driver positions.

DATES: Beginning January 1, 2020, 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 50 percent.

FOR FURTHER INFORMATION 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].

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, when the minimum annual percentage rate for random 
controlled substances testing is 25 percent, and the data received 
under the reporting requirements for any calendar year indicate that 
the reported positive rate is equal to or greater than 1 percent, the 
FMCSA Administrator will increase the minimum annual percentage rate 
for random controlled substances to 50 percent for all driver positions 
(49 CFR 382.305(h)). The new annual random testing percentage rate 
would then apply starting January 1 of the following calendar year.
    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 2018 survey, forms were sent to 4,480 randomly selected 
motor carriers. Of these forms, 1,908 were completed and returned to 
FMCSA, resulting in usable data from 1,552 carriers (comprising of 
300,635 CDL drivers) for random controlled substance testing. 
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 2018.
    The estimated positive random controlled substance test rate in 
2018 is 1 percent. The 95-percent confidence interval for this estimate 
ranges from 0.9 to 1.1 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 2016 and 2017, the estimated positive usage 
rate for drugs was estimated to be 0.7 percent and 0.8 percent, 
respectively. A more detailed discussion of the 2018 drug and alcohol 
testing survey results can be found in the Analysis Brief included in 
the docket for this Notice.

Part 382 Compliance

    Based on the 2018 survey results, the estimated percentage of 
subject motor carriers with random controlled substance and alcohol 
testing programs in place is 94 percent, and the estimated percentage 
of all CDL drivers participating in such programs is 99 percent. FMCSA 
estimates there are 3.2 million CDL holders operating in interstate 
commerce and 1 million CDL holders operating in intrastate commerce. 
With this population, at least 1.05 million random controlled 
substances tests would be conducted with an annual random testing rate 
of 25 percent of all driving positions. At a 50 percent annual random 
testing rate, approximately 2.1 million random controlled substances 
tests will need to be conducted in calendar year 2020.
    The new minimum annual percentage rate for random drug testing will 
be effective January 1, 2020. This change reflects the increased 
positive test rate and will result in an estimated $50 to 70 million 
increase in costs to the industry by requiring that more drivers be 
tested.

Minimum Annual Percentage Rates for Random Controlled Substances 
Testing for 2020

    Beginning January 1, 2020, the minimum annual percentage rate for 
random controlled substances testing is 50 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 20, 2019.
Elaine L. Chao,
Secretary.
[FR Doc. 2019-28164 Filed 12-26-19; 8:45 am]
 BILLING CODE 4910-EX-P