[Federal Register: July 9, 2001 (Volume 66, Number 131)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2001-9664]
Drug Test Results Study
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice; request for comments.
SUMMARY: The Motor Carrier Safety Improvement Act of 1999 (MCSIA)
directed the Federal Motor Carrier Safety Administration (FMCSA) to
conduct a study and report to the Congress on the feasibility and
merits of requiring Medical Review Officers and employers to report
verified positive drug test results for CDL drivers to the State that
issued the driver's license. The FMCSA is initiating a study on this
issue and invites public comments on issues relating to the potential
impact on all affected parties of implementing this potential
DATES: Please submit comments on or before August 8, 2001.
ADDRESSES: Mail or hand deliver comments to the U.S. Department of
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh
Street, SW., Washington, DC 20590, or submit electronically at http://
dmses.dot.gov/submit. Please specify the number you are commenting on
before listing your comments. All comments received will be available
for examination and copying at the above address between 9 a.m. and 5
p.m., et., Monday through Friday, except Federal holidays. Those
desiring notification of receipt of comments must include a self-
addressed, stamped envelope or postcard or you may print the
acknowledgment page that appears after submitting comments
FOR FURTHER INFORMATION CONTACT: For information about the status of
this Notice, you may contact Ms. Kaye Kirby, Office of Bus and Truck
Standards and Operations, (202) 366-3109; for information about legal
issues related to this notice, Mr. Michael Falk, Office of the Chief
Counsel, (202) 366-1384, FMCSA, Department of Transportation, 400
Seventh Street, SW., Washington, DC 20590. Office hours are from 7:45
a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal
You may see all the comments on the Document Management System
(DMS) website at: http://dmses.dot.gov.
Section 226 of the Motor Carrier Safety Improvement Act of 1999
(MCSIA) (Public Law 106-159, 113 Stat. 1748) requires the Secretary of
Transportation to conduct a study of the feasibility and merits of
requiring Medical Review Officers or employers to report all verified
positive controlled substances test results on any driver subject to
controlled substances testing in 49 CFR part 382 to the State where the
driver is licensed. In addition to the reporting requirement, this
potential provision would require prospective employers to query the
State that issued the CDL to determine if the State had any record of a
verified positive drug test on such driver before hiring any driver.
The MCSIA further required the Secretary to report on the study,
together with any recommendations the Secretary determines appropriate,
to Congress no later than two years after enactment of the law.
In carrying out this study, Congress directed the Secretary to
conduct an assessment to identify methods for safeguarding the
confidentiality of verified drug test results. In addition, the
Secretary was asked to examine the costs, benefits, and safety impacts
of requiring States to maintain records of verified positive drug test
results; and whether a process should be established to allow drivers
to correct errors in their records and to expunge information from
their records after a reasonable period of time.
Comments and suggestions are invited concerning the feasibility,
and merits of employers and Medical Review Officers reporting positive
drug test results to the State that issued the driver's CDL and the
burden imposed by such a reporting requirement on the employers, State,
and others. Of concern are operational, legal, confidentiality, and
financial issues as well as the type of database,
database access, and database management that would be required.
Comments are requested specifically on the following questions:
(1) What impact would this requirement have on the motor carrier
industry, drivers, Medical Review Officers, safety advocates, the
States and other interested parties?
(2) What would be the benefits, costs, and safety impacts of
requiring States to maintain records of verified positive drug test
(3) How would such a national record-keeping system safeguard the
confidentiality of verified drug test results? What systems or
methodology could do so?
(4) Should a process be established to allow drivers to correct
errors in their records and to expunge information from their records
after a reasonable period of time? What would be considered a
reasonable period of time? What documentation would be adequate to
justify expunging such a record?
(5) What are the potential costs involved in implementing this
program for each State?
(6) What are the benefits of having verified positive drug test
results housed in a database so that each prospective employer would be
required before hiring any driver to query the State that issued the
commercial drivers license (CDL)? What are the disadvantages?
(7) What type of database should be used? Under what conditions
should the information be released? Who should have access to this
(8) Who should own and/or house the database?
(9) Should the database be centralized or distributed at the State
(10) How could we safeguard the confidentiality of verified drug
(11) Are there States that currently have a program in place where
verified positive drug test results are submitted to them? If so, what
are their experiences and challenges?
Authority: 49 U.S.C. 31306; sec. 226, Pub. L. 106-159, 113 Stat.
1748; and 49 CFR 1.73.
Issued on: July 2, 2001
Brian M. McLaughlin,
Acting Deputy Administrator.
[FR Doc. 01-17099 Filed 7-6-01; 8:45 am]
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