Notice2023-27037
Pipeline Safety: Random Drug Testing Rate; Multi-Factor Authentication; and Operator and Contractor Management Information System Reporting
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Published
December 8, 2023
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
PHMSA has determined that the minimum random drug testing rate for covered employees will remain at 25 percent during calendar year 2024. For calendar year 2023 reporting, DOT is introducing MFA login procedures for submitting D&A testing data into the DAMIS database. This notice also explains how pipeline operators and contractors will obtain MFA login information.
Full Text
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<title>Federal Register, Volume 88 Issue 235 (Friday, December 8, 2023)</title>
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[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Notices]
[Pages 85728-85729]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27037]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2023-0116]
Pipeline Safety: Random Drug Testing Rate; Multi-Factor
Authentication; and Operator and Contractor Management Information
System Reporting
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice of Calendar Year 2024 Minimum Annual Percentage Rate for
Random Drug Testing; Multi-Factor Authentication (MFA) for Drug and
Alcohol (D&A) Management Information System (DAMIS) Reports, Pipeline
Operator DAMIS Reporting, and Contractor DAMIS Reporting.
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SUMMARY: PHMSA has determined that the minimum random drug testing rate
for covered employees will remain at 25 percent during calendar year
2024. For calendar year 2023 reporting, DOT is introducing MFA login
procedures for submitting D&A testing data into the DAMIS database.
This notice also explains how pipeline operators and contractors will
obtain MFA login information.
DATES: Applicable January 1, 2024, through December 31, 2024.
FOR FURTHER INFORMATION CONTACT: Wayne Lemoi, Drug & Alcohol Program
Manager, Office of Pipeline Safety, by phone at 909-937-7232 or by
email at <a href="/cdn-cgi/l/email-protection#3245534b5c571c5e575f5d5b72565d461c555d44"><span class="__cf_email__" data-cfemail="97e0f6eef9f2b9fbf2faf8fed7f3f8e3b9f0f8e1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Notice of Calendar Year 2024 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 part 199. Pursuant to 49 CFR 199.105(c)(1),
the minimum annual random drug testing rate for all covered employees
is 50 percent. However, 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 two 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 maintaining
the PHMSA minimum annual random drug testing rate for all covered
employees at 25 percent in calendar year 2024 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 2021 and 2022.
Multi-Factor Authentication for DAMIS Reports
In calendar year 2024, DOT will begin using Multi-Factor
Authentication (MFA) to limit and control access to DOT's DAMIS
database. MFA is not unique to PHMSA or to DAMIS. It is a Federal
Government initiative being implemented to protect the integrity and
security of Federal Government databases from cybersecurity attacks and
other risks. MFA login procedures for ``primary pipeline'' operators
and contractors are explained in the applicable sections below.
Pipeline Operator DAMIS Reporting
To collect more accurate pipeline industry DOT D&A test data and to
avoid duplicate reporting of D&A test data, PHMSA is limiting the DAMIS
reporting to ``primary operators'' and contractors only. The term
``primary operator'' is not used in the D&A testing regulations in part
199; however, the term ``primary operator'' as used herein has the same
meaning as the term ``primary entity'' as used in Sec. 191.22 and
Sec. 195.64. Moreover, a ``primary operator'' can be a large or small
operator as explained below.
Pipeline operators either have a D&A program that includes only one
pipeline operator (i.e., one OPID) or an ``umbrella'' type shared D&A
program that includes multiple pipeline operators (i.e., more than one
OPID). For DAMIS reporting purposes the operator of the single operator
D&A program is
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the ``primary pipeline operator''. For shared D&A programs, the
``primary operator'' must be identified to PHMSA through Safety Program
Relationship (SPR) data before submitting a DAMIS report. Operators are
reminded to review their D&A program records to check the SPR status of
their D&A program. If changes are needed to properly align the SPR data
with the operator's D&A program, the operator must make a written
notification to PHMSA.
The PHMSA regulations governing DAMIS reporting (Sec. Sec. 199.119
and 199.229) are based on whether the primary operator is a large
operator or a small operator. Pursuant to Sec. Sec. 199.119(a) and
199.229(a), a large operator is an operator with more than 50 covered
employees. Large operators are required to submit a DAMIS report each
calendar year. Pursuant to Sec. Sec. 199.119(a) and 199.229(a), a
small operator is an operator with 50 or fewer covered employees. Small
operators are only required to submit a DAMIS report if the operator
receives a ``written notice'' from PHMSA requesting a report. PHMSA
transmits written notices as messages in the PHMSA Portal in late
December each calendar year.
To calculate the number of D&A covered employees to determine
whether an operator is a large or small primary operator, include all
covered employees of the primary operator plus all covered employees of
any business units included in the DAMIS report under a shared D&A
program. If your covered employees are in a random drug testing pool
managed by a consortium, count only your own covered employees. If you
have any covered employees subject to D&A testing under more than one
DOT agency, count only those employees who were D&A tested under PHMSA,
which is the agency selected on the Federal Drug Testing Custody and
Control Form (CCF) or on the Alcohol Testing Form. While contractor
employees are covered employees requiring D&A testing, contractor
employees are not used to calculate whether a ``primary pipeline
operator'' is a large or small operator. Therefore, do not include
contractor employees in the above calculations.
Pipeline operators are no longer required to ``accept'' contractor
reports. Instead, an operator will simply list the contractor and the
contractor's DAMIS report automatically becomes part of the operator's
report once the contractor has submitted its report to DAMIS.
Furthermore, operators will not be able to view contractor data reports
through DAMIS, but can get the report directly from the contractor, if
they so desire.
For each contractor listed by a primary operator, DAMIS will show
if a <a href="http://Login.gov">Login.gov</a> invitation has been generated for the contractor. If no
<a href="http://Login.gov">Login.gov</a> invitation has been created for the contractor or if the
<a href="http://Login.gov">Login.gov</a> invitation was created for the wrong email address, the
primary operator can generate a new <a href="http://Login.gov">Login.gov</a> invitation by entering a
new email address for the contractor. This email address cannot already
be in use to access DAMIS for a primary operator or a different
contractor.
Primary Operator MFA Login: In September 2023, PHMSA communicated
by email with primary operators to confirm the email address of the
person who will submit the primary operator's DAMIS report. These
confirmed email addresses will be loaded into DAMIS by the end of
calendar year 2023. In early January 2024, DAMIS will generate a one-
time/one-use <a href="http://Login.gov">Login.gov</a> invitation for the confirmed email addresses.
PHMSA will also make <a href="http://Login.gov">Login.gov</a> invitations available in the PHMSA
Portal.
Contractor DAMIS Reporting
Because contractors do not have OPIDs, PHMSA uses a Business Tax
Identification Number (BTIN) to track contractors in the DAMIS
database.
A contractor may perform D&A covered functions for one pipeline
operator or multiple operators. Additionally, a contractor may be
local, regional, or nationwide, and/or may operate from a single
location or from multiple locations. Regardless, the clear intent is
for PHMSA and DOT to collect contractor D&A test data that is complete,
accurate, and nonrepetitive. Accordingly, each contractor must prepare
a single, complete, and accurate DAMIS report that includes all its D&A
covered employees and all their DOT D&A test data. A contractor does
not prepare or submit a separate and distinct DAMIS report for each
pipeline operator or for a contractor's separate offices or locations
unless those offices are distinct and separate under their own BTIN.
Moreover, a contractor must not report the same covered employees and
the same D&A tests in more than one BTIN. If a contractor has more than
one BTIN, the contractor must allocate individual employees and their
D&A tests results among the BTINs for which they actually worked, or
report all the contractor's employees and test results under one BTIN.
PHMSA does not need or require a DAMIS report from each BTIN. PHMSA
requires a valid set of contractor D&A test data that reflects the
complete and accurate picture of who the contractor D&A tested and what
the results of those tests were. PHMSA does not want covered employees
or D&A tests to be reported more than once. If test results can be
reported under one BTIN, that is acceptable.
PHMSA also recognizes that some pipeline operators perform D&A
covered functions for other PHMSA regulated pipeline operators. While
this may take place under a contract, pipeline operators with an OPID
must never be listed as a contractor by any other pipeline operator in
a DAMIS report.
Contractor MFA Login: MFA will allow access for contractors to
enter their D&A testing data directly into DAMIS. In September 2023,
PHMSA communicated by email with contractors to confirm the email
address of the person who will submit the contractor DAMIS report.
These confirmed email addresses will be loaded into DAMIS by the end of
calendar year 2023. In early January 2024, DAMIS will generate a one-
time/one-use <a href="http://Login.gov">Login.gov</a> invitation for the confirmed email address.
Contractors can also request a new <a href="http://Login.gov">Login.gov</a> invitation for a new email
address by sending a request to <a href="/cdn-cgi/l/email-protection#ce9e86839d8f9ea7beaba2a7a0ab8a8f83879d8eaaa1bae0a9a1b8"><span class="__cf_email__" data-cfemail="6e3e26233d2f3e071e0b0207000b2a2f23273d2e0a011a40090118">[email protected]</span></a>.
Any primary operator can generate a new <a href="http://Login.gov">Login.gov</a> invitation for a
contractor by entering an email address that is not already established
with <a href="http://Login.gov">Login.gov</a> access to DAMIS.
Issued in Washington, DC on December 1, 2023, under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2023-27037 Filed 12-7-23; 8:45 am]
BILLING CODE 4910-60-P
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