Annual Random Controlled Substances Testing Percentage Rate for Calendar Year 2020

Elaine L. Chao
Federal Motor Carrier Safety Administration
27 December 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]


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

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.

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

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 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, 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]
 BILLING CODE 4910-EX-P