Annual Random Controlled Substances Testing Percentage Rate for Calendar Year 2020, 71527-71528 [2019-28164]
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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,
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SUMMARY:
VerDate Sep<11>2014
18:44 Dec 26, 2019
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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
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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:
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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
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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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
