[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Notices]
[Pages 79064-79065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27906]


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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2022-0137]


Pipeline Safety: Random Drug Testing Rate; Management Information 
System Reporting; and Obtaining Drug and Alcohol Management Information 
System Sign-In Information

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Notice.

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

SUMMARY: PHMSA has determined that the minimum random drug testing rate 
for covered employees will be reduced to 25 percent during calendar 
year 2023. Operators are reminded that drug and alcohol (D&A) testing 
information must be submitted for contractors who are performing or are 
ready to perform covered functions. For calendar year 2022 reporting, 
the username and password for the Drug and Alcohol Management 
Information System (DAMIS) will be available in the PHMSA Portal.

DATES: Applicable January 1, 2023, through December 31, 2023.

FOR FURTHER INFORMATION CONTACT: Wayne Lemoi, Drug & Alcohol Program 
Manager, Office of Pipeline Safety, by phone at 909-937-7232 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

Notice of Calendar Year 2023 Minimum Annual Percentage Rate for Random 
Drug Testing

    Operators of gas, hazardous liquid and carbon dioxide pipeline 
facilities, liquefied natural gas (LNG) plants, and underground natural 
gas storage facilities must randomly select and test a percentage of 
all covered employees for prohibited drug use in accordance with 49 
Code of Federal Regulations (CFR) part 199. The Administrator can 
adjust this random drug testing rate based on the reported positive 
rate in the industry's random drug tests, which is submitted in 
operators' annual MIS reports as required by Sec.  199.119(a). In 
accordance with Sec.  199.105(c)(3), if the reported positive drug test 
rate is below 1.0 percent for 2 consecutive calendar years, the 
Administrator can lower the random drug testing rate to 25 percent of 
all covered employees.
    Pursuant to Sec.  199.105(c)(3), the Administrator is lowering the 
PHMSA minimum annual random drug testing rate for all covered employees 
to 25 percent in calendar year 2023 because the random drug test 
positive rate for the pipeline industry was reported at less than 1.0 
percent in the consecutive calendar years of 2020 and 2021.

Reminder for Operators To Report Contractor MIS Data

    In 2021, PHMSA released new PHMSA Supplemental Instructions for DOT 
Drug & Alcohol Management Information System Reporting online. These 
instructions provide operators with the appropriate process for 
collecting and reporting annual D&A testing data for contractors. The 
supplemental instructions help ensure that PHMSA can identify all the 
contractors who performed D&A covered functions for a specific pipeline 
operator; identify all the pipeline operators for whom a specific 
contractor performed D&A covered functions; and has received a complete 
and accurate MIS report for each contractor who performed D&A covered 
functions on any PHMSA-regulated pipeline or facility in the applicable 
calendar year.
    Pursuant to Sec. Sec.  199.119(a) and 199.229(a), an operator 
having more than 50 covered employees is a large operator and an 
operator having 50 or fewer covered employees is a small operator. 
While contractor employees are covered employees per the regulations in 
Sec.  199.3 and must be treated as such with regards to part 199, 
contractor employees are not included in the calculation to determine 
if an operator is a large or small operator.
    Large operators are always required to submit annual MIS reports 
whereas small operators are only required to submit MIS reports upon 
written request from PHMSA. If a small operator has submitted an MIS 
report for calendar year 2020 or 2021, the PHMSA Portal message may 
state that no MIS report is required for calendar year 2022. If a small 
operator has grown to more than 50 covered employees during calendar 
year 2022, the PHMSA Portal message will include instructions for how 
to obtain a DAMIS username and password for the 2022 calendar year 
reporting period.
    If an operator is required to submit an MIS report in accordance 
with part 199, that report is not complete until PHMSA receives an MIS 
data report for each contractor that performed covered functions as 
defined in Sec.  199.3. Operators must submit operator and contractor 
employee testing data in separate MIS reports to avoid duplicative 
reporting and inaccurate data that could affect the positive rate for 
the pipeline industry.

[[Page 79065]]

Reminder of Method for Operators To Obtain Username and Password for 
Electronic Reporting

    By early January 2023, the username and password required for an 
operator to access DAMIS and enter calendar year 2022 data will be 
available to all operator staff with access to the PHMSA Portal. 
Pipeline operators have been submitting reports required by 49 CFR 
parts 191 and 195 through the PHMSA Portal (https://portal.phmsa.dot.gov/pipeline) since 2011. PHMSA determined that 
distributing information via the PHMSA Portal would be more effective 
than the previous mailing process.
    When the DAMIS username and password are available in the PHMSA 
Portal, all registered users will receive an email to that effect. If 
operator staff responsible for submitting MIS reports do not receive 
the DAMIS information, they should coordinate with other registered 
PHMSA Portal users within their company to obtain the DAMIS username 
and password. Registered PHMSA Portal users for operators typically 
include operator staff or consultants who submit annual and incident 
reports through PHMSA F 7000- and 7100-series forms.
    Operators that have not previously registered staff in the PHMSA 
Portal for the reporting purposes of parts 191 and 195 can register 
users by following the instructions at: https://portal.phmsa.dot.gov/PHMSAPortal2/staticContentRedesign/howto/PortalAccountCreation.pdf.

    Issued in Washington, DC, on December 19, 2022, under authority 
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2022-27906 Filed 12-22-22; 8:45 am]
BILLING CODE 4910-60-P


