[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]
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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.
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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
[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, 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]
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