Annual Random Controlled Substances Testing Percentage Rate for Calendar Year 2020

 
CONTENT
Federal Register, Volume 84 Issue 248 (Friday, December 27, 2019)
[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]
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