Annual Random Controlled Substances Testing Percentage Rate for Calendar Year 2016

T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
December 24, 2015

[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 
fmcsadrugandalcohol@dot.gov.

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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