In This Issue

Use of the Federal Drug Testing Custody and Control Form; Technical Amendment and Clarifications

[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 (e-mail).