Pipeline Safety: Random Drug Testing Rate; Management Information System Reporting; and Obtaining Drug and Alcohol Management Information System Sign-In Information, 79064-79065 [2022-27906]

Download as PDF TKELLEY on DSK125TN23PROD with NOTICE 79064 Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices comprehensive standards and procedures for every aspect of laboratory testing (and ‘‘requiring the use of the best available technology to ensure the complete reliability and accuracy of controlled substances tests’’), the minimum list of controlled substances for which individuals may be tested, standards for review and certification of laboratories that conduct hair testing, and laboratory protocol and cut-off levels for hair testing to detect controlled substances use. The HHS issued proposed Hair Mandatory Guidelines for Federal Workplace Drug Testing Programs (HMG) in 2020 for public comment but has not issued a final version of the HMG. The applicant asserts that FMCSA does have the statutory authority to grant its exemption request, citing 49 U.S.C. 31306a(b)(B)(ii), which requires that FMCSA adopt regulations permitting pre-employment hair testing for controlled substances as an alternative to urine testing for CMV operators and for random testing if the operator was subject to pre-employment hair testing. By ignoring the requirement that FMCSA follow the HHS mandatory guidelines for hair testing, set forth in 49 U.S.C. 31306(c)(2), the applicant effectively argues that this provision be read in isolation. This approach disregards an accepted standard of statutory construction, which provides that statutory text must be construed as a whole. The Committee Report accompanying the enactment of 49 U.S.C. 31306a(b)(B)(ii) confirms this is precisely what Congress intended: ‘‘[t]he FMCSA has informed the conferees, and the conferees agree that nothing in [31306a(b)(B)(ii)] authorizes the use of hair testing as an alternative to urine tests until the U.S. Department of Health and Human Services establishes federal standards for hair testing’’ (emphasis added). Accordingly, the Agency currently lacks the authority to permit an employer’s actual knowledge of a driver’s positive hair test results to be a basis for determining that a driver has violated 49 CFR part 382, subpart B, by engaging in the prohibited use of controlled substances and to permit such results be reported to the Clearinghouse. For the above reasons, the Trucking Alliance’s exemption application is denied. Robin Hutcheson, Administrator. [FR Doc. 2022–27849 Filed 12–22–22; 8:45 am] BILLING CODE 4910–EX–P VerDate Sep<11>2014 20:36 Dec 22, 2022 Jkt 259001 DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA–2022–0137] Pipeline Safety: Random Drug Testing Rate; Management Information System Reporting; and Obtaining Drug and Alcohol Management Information System Sign-In Information Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice. AGENCY: PHMSA has determined that the minimum random drug testing rate for covered employees will be reduced to 25 percent during calendar year 2023. Operators are reminded that drug and alcohol (D&A) testing information must be submitted for contractors who are performing or are ready to perform covered functions. For calendar year 2022 reporting, the username and password for the Drug and Alcohol Management Information System (DAMIS) will be available in the PHMSA Portal. DATES: Applicable January 1, 2023, through December 31, 2023. FOR FURTHER INFORMATION CONTACT: Wayne Lemoi, Drug & Alcohol Program Manager, Office of Pipeline Safety, by phone at 909–937–7232 or by email at wayne.lemoi@dot.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Notice of Calendar Year 2023 Minimum Annual Percentage Rate for Random Drug Testing Operators of gas, hazardous liquid and carbon dioxide pipeline facilities, liquefied natural gas (LNG) plants, and underground natural gas storage facilities must randomly select and test a percentage of all covered employees for prohibited drug use in accordance with 49 Code of Federal Regulations (CFR) part 199. The Administrator can adjust this random drug testing rate based on the reported positive rate in the industry’s random drug tests, which is submitted in operators’ annual MIS reports as required by § 199.119(a). In accordance with § 199.105(c)(3), if the reported positive drug test rate is below 1.0 percent for 2 consecutive calendar years, the Administrator can lower the random drug testing rate to 25 percent of all covered employees. Pursuant to § 199.105(c)(3), the Administrator is lowering the PHMSA minimum annual random drug testing rate for all covered employees to 25 percent in calendar year 2023 because PO 00000 Frm 00152 Fmt 4703 Sfmt 4703 the random drug test positive rate for the pipeline industry was reported at less than 1.0 percent in the consecutive calendar years of 2020 and 2021. Reminder for Operators To Report Contractor MIS Data In 2021, PHMSA released new PHMSA Supplemental Instructions for DOT Drug & Alcohol Management Information System Reporting online. These instructions provide operators with the appropriate process for collecting and reporting annual D&A testing data for contractors. The supplemental instructions help ensure that PHMSA can identify all the contractors who performed D&A covered functions for a specific pipeline operator; identify all the pipeline operators for whom a specific contractor performed D&A covered functions; and has received a complete and accurate MIS report for each contractor who performed D&A covered functions on any PHMSA-regulated pipeline or facility in the applicable calendar year. Pursuant to §§ 199.119(a) and 199.229(a), an operator having more than 50 covered employees is a large operator and an operator having 50 or fewer covered employees is a small operator. While contractor employees are covered employees per the regulations in § 199.3 and must be treated as such with regards to part 199, contractor employees are not included in the calculation to determine if an operator is a large or small operator. Large operators are always required to submit annual MIS reports whereas small operators are only required to submit MIS reports upon written request from PHMSA. If a small operator has submitted an MIS report for calendar year 2020 or 2021, the PHMSA Portal message may state that no MIS report is required for calendar year 2022. If a small operator has grown to more than 50 covered employees during calendar year 2022, the PHMSA Portal message will include instructions for how to obtain a DAMIS username and password for the 2022 calendar year reporting period. If an operator is required to submit an MIS report in accordance with part 199, that report is not complete until PHMSA receives an MIS data report for each contractor that performed covered functions as defined in § 199.3. Operators must submit operator and contractor employee testing data in separate MIS reports to avoid duplicative reporting and inaccurate data that could affect the positive rate for the pipeline industry. E:\FR\FM\23DEN1.SGM 23DEN1 Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices Reminder of Method for Operators To Obtain Username and Password for Electronic Reporting date of publication of this notice. The public is invited to submit comments on these requests. DEPARTMENT OF THE TREASURY By early January 2023, the username and password required for an operator to access DAMIS and enter calendar year 2022 data will be available to all operator staff with access to the PHMSA Portal. Pipeline operators have been submitting reports required by 49 CFR parts 191 and 195 through the PHMSA Portal (https://portal.phmsa.dot.gov/ pipeline) since 2011. PHMSA determined that distributing information via the PHMSA Portal would be more effective than the previous mailing process. When the DAMIS username and password are available in the PHMSA Portal, all registered users will receive an email to that effect. If operator staff responsible for submitting MIS reports do not receive the DAMIS information, they should coordinate with other registered PHMSA Portal users within their company to obtain the DAMIS username and password. Registered PHMSA Portal users for operators typically include operator staff or consultants who submit annual and incident reports through PHMSA F 7000- and 7100-series forms. Operators that have not previously registered staff in the PHMSA Portal for the reporting purposes of parts 191 and 195 can register users by following the instructions at: https:// portal.phmsa.dot.gov/PHMSAPortal2/ staticContentRedesign/howto/ PortalAccountCreation.pdf. DATES: Comments should be received on or before January 23, 2023 to be assured of consideration. List of Countries Requiring Cooperation With an International Boycott ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. Copies of the submissions may be obtained from Melody Braswell by emailing PRA@treasury.gov, calling (202) 622–1035, or viewing the entire information collection request at www.reginfo.gov. In accordance with section 999(a)(3) of the Internal Revenue Code of 1986, the Department of the Treasury is publishing a current list of countries which require or may require participation in, or cooperation with, an international boycott (within the meaning of section 999(b)(3) of the Internal Revenue Code of 1986). On the basis of the best information currently available to the Department of the Treasury, the following countries require or may require participation in, or cooperation with, an international boycott (within the meaning of section 999(b)(3) of the Internal Revenue Code of 1986). SUPPLEMENTARY INFORMATION: Iraq Kuwait Lebanon Libya Qatar Saudi Arabia Syria Yemen Issued in Washington, DC, on December 19, 2022, under authority delegated in 49 CFR 1.97. Alan K. Mayberry, Associate Administrator for Pipeline Safety. [FR Doc. 2022–27906 Filed 12–22–22; 8:45 am] BILLING CODE 4910–60–P DEPARTMENT OF THE TREASURY Agency Information Collection Activities; Submission for OMB Review; Comment Request; Superfund; Imported Substances; Procedures for Filing a Petition Departmental Offices, Department of the Treasury. ACTION: Notice. AGENCY: TKELLEY on DSK125TN23PROD with NOTICE 79065 The Department of the Treasury will submit the following information collection requests to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the SUMMARY: VerDate Sep<11>2014 20:36 Dec 22, 2022 Jkt 259001 Internal Revenue Service (IRS) Title: Superfund; Imported Substances; Procedures for Filing a Petition. OMB Number: 1545–2304. Revenue Procedure Number: 2022–26. Abstract: Section 4672(a)(2) of the Code allows importers and exporters to petition the Secretary of the Treasury to modify the list of chemical substances subject to the section 4671 excise taxes. The collection of information in this revenue procedure is necessary so that the Secretary of the Treasury has sufficient information to process these determination requests. Petitioners are importers or exporters of chemical substances and interested parties. Current Actions: There are no changes being made to the revenue procedure at this time. Type of Review: Extension of a currently approved collection. Affected Public: Business or other forprofit organizations and Individuals or households. Estimated Number of Responses: 1,000. Estimated Average Time per Response: 45 min. Estimated Total Annual Burden Hours: 75,000. Authority: 44 U.S.C. 3501 et seq. Melody Braswell, Treasury PRA Clearance Officer. [FR Doc. 2022–27898 Filed 12–22–22; 8:45 am] BILLING CODE 4830–01–P PO 00000 Frm 00153 Fmt 4703 Sfmt 4703 Office of the Secretary Lindsay Kitzinger, Acting International Tax Counsel (Tax Policy). [FR Doc. 2022–27923 Filed 12–22–22; 8:45 am] BILLING CODE 4810–AK–P DEPARTMENT OF THE TREASURY Agency Information Collection Activities; Submission for OMB Review; Comment Request; Federal Housing Administration New Account Request, Transition Request, and Transfer Request Departmental Offices, Department of the Treasury. ACTION: Notice of information collection; request for comment. AGENCY: The Department of the Treasury will submit the following information collection requests to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. The public is invited to submit comments on these requests. DATES: Comments should be received on or before January 23, 2023 to be assured of consideration. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent SUMMARY: E:\FR\FM\23DEN1.SGM 23DEN1

Agencies

[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Notices]
[Pages 79064-79065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27906]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2022-0137]


Pipeline Safety: Random Drug Testing Rate; Management Information 
System Reporting; and Obtaining Drug and Alcohol Management Information 
System Sign-In Information

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Notice.

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

SUMMARY: PHMSA has determined that the minimum random drug testing rate 
for covered employees will be reduced to 25 percent during calendar 
year 2023. Operators are reminded that drug and alcohol (D&A) testing 
information must be submitted for contractors who are performing or are 
ready to perform covered functions. For calendar year 2022 reporting, 
the username and password for the Drug and Alcohol Management 
Information System (DAMIS) will be available in the PHMSA Portal.

DATES: Applicable January 1, 2023, through December 31, 2023.

FOR FURTHER INFORMATION CONTACT: Wayne Lemoi, Drug & Alcohol Program 
Manager, Office of Pipeline Safety, by phone at 909-937-7232 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

Notice of Calendar Year 2023 Minimum Annual Percentage Rate for Random 
Drug Testing

    Operators of gas, hazardous liquid and carbon dioxide pipeline 
facilities, liquefied natural gas (LNG) plants, and underground natural 
gas storage facilities must randomly select and test a percentage of 
all covered employees for prohibited drug use in accordance with 49 
Code of Federal Regulations (CFR) part 199. The Administrator can 
adjust this random drug testing rate based on the reported positive 
rate in the industry's random drug tests, which is submitted in 
operators' annual MIS reports as required by Sec.  199.119(a). In 
accordance with Sec.  199.105(c)(3), if the reported positive drug test 
rate is below 1.0 percent for 2 consecutive calendar years, the 
Administrator can lower the random drug testing rate to 25 percent of 
all covered employees.
    Pursuant to Sec.  199.105(c)(3), the Administrator is lowering the 
PHMSA minimum annual random drug testing rate for all covered employees 
to 25 percent in calendar year 2023 because the random drug test 
positive rate for the pipeline industry was reported at less than 1.0 
percent in the consecutive calendar years of 2020 and 2021.

Reminder for Operators To Report Contractor MIS Data

    In 2021, PHMSA released new PHMSA Supplemental Instructions for DOT 
Drug & Alcohol Management Information System Reporting online. These 
instructions provide operators with the appropriate process for 
collecting and reporting annual D&A testing data for contractors. The 
supplemental instructions help ensure that PHMSA can identify all the 
contractors who performed D&A covered functions for a specific pipeline 
operator; identify all the pipeline operators for whom a specific 
contractor performed D&A covered functions; and has received a complete 
and accurate MIS report for each contractor who performed D&A covered 
functions on any PHMSA-regulated pipeline or facility in the applicable 
calendar year.
    Pursuant to Sec. Sec.  199.119(a) and 199.229(a), an operator 
having more than 50 covered employees is a large operator and an 
operator having 50 or fewer covered employees is a small operator. 
While contractor employees are covered employees per the regulations in 
Sec.  199.3 and must be treated as such with regards to part 199, 
contractor employees are not included in the calculation to determine 
if an operator is a large or small operator.
    Large operators are always required to submit annual MIS reports 
whereas small operators are only required to submit MIS reports upon 
written request from PHMSA. If a small operator has submitted an MIS 
report for calendar year 2020 or 2021, the PHMSA Portal message may 
state that no MIS report is required for calendar year 2022. If a small 
operator has grown to more than 50 covered employees during calendar 
year 2022, the PHMSA Portal message will include instructions for how 
to obtain a DAMIS username and password for the 2022 calendar year 
reporting period.
    If an operator is required to submit an MIS report in accordance 
with part 199, that report is not complete until PHMSA receives an MIS 
data report for each contractor that performed covered functions as 
defined in Sec.  199.3. Operators must submit operator and contractor 
employee testing data in separate MIS reports to avoid duplicative 
reporting and inaccurate data that could affect the positive rate for 
the pipeline industry.

[[Page 79065]]

Reminder of Method for Operators To Obtain Username and Password for 
Electronic Reporting

    By early January 2023, the username and password required for an 
operator to access DAMIS and enter calendar year 2022 data will be 
available to all operator staff with access to the PHMSA Portal. 
Pipeline operators have been submitting reports required by 49 CFR 
parts 191 and 195 through the PHMSA Portal (https://portal.phmsa.dot.gov/pipeline) since 2011. PHMSA determined that 
distributing information via the PHMSA Portal would be more effective 
than the previous mailing process.
    When the DAMIS username and password are available in the PHMSA 
Portal, all registered users will receive an email to that effect. If 
operator staff responsible for submitting MIS reports do not receive 
the DAMIS information, they should coordinate with other registered 
PHMSA Portal users within their company to obtain the DAMIS username 
and password. Registered PHMSA Portal users for operators typically 
include operator staff or consultants who submit annual and incident 
reports through PHMSA F 7000- and 7100-series forms.
    Operators that have not previously registered staff in the PHMSA 
Portal for the reporting purposes of parts 191 and 195 can register 
users by following the instructions at: https://portal.phmsa.dot.gov/PHMSAPortal2/staticContentRedesign/howto/PortalAccountCreation.pdf.

    Issued in Washington, DC, on December 19, 2022, under authority 
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2022-27906 Filed 12-22-22; 8:45 am]
BILLING CODE 4910-60-P

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