[Docket DOT-OST-2010-0161]; RIN 2105-AE03
All
urine specimens collected under the Department of Transportation (DOT) drug
testing regulation, 49 CFR Part 40, must be collected using chain-of-custody
procedures that incorporate the use of the Federal Drug Testing Custody and
Control Form (CCF) promulgated by the Department of Health and Human Services
(HHS). On November 17, 2009, HHS published a proposal to revise the CCF [74 FR
59196]. Recently, HHS announced the new CCF in the Federal Register [75 FR
41488] which has an effective date of October 1, 2010. In order to accommodate
the form’s use within the transportation industry program, the Department has
made a few necessary regulation changes in order for collectors, laboratories,
and Medical Review Officers to know how to use the new form. The Department has
also made a technical amendment to its drug testing procedures to require
laboratories to report the concentration of the drug or drug metabolite for a
positive result to the MRO. This was inadvertently omitted from the DOT’s rule
text in the section that directs what laboratories are to report and how they
are to report it.
This interim final rule is effective October 1, 2010. Comments to this interim
final rule should be submitted by October 27, 2010. Because HHS sought and
received comments on the form and its use, DOT seeks only to receive comments
on the actual implementation of the new CCF, and not on the form itself.
Late-filed comments will be considered to the extent practicable. For further
information contact: Bohdan Baczara, U.S. Department of Transportation, Office
of Drug and Alcohol Policy and Compliance, 1200 New Jersey Avenue, SE.,
Washington, DC 20590; 202-366-3784 b (voice), 202-366-3897 (fax), or bohdan.baczara@dot.gov
(e-mail).