Federal Register/Vol. 84, No. 78/Tuesday, April 23, 2019/Rules
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16770 Federal Register / Vol. 84, No. 78 / Tuesday, April 23, 2019 / Rules and Regulations (j) Other FAA AD Provisions (5) You may view this service information previously covered drugs morphine, 6- The following provisions also apply to this that is incorporated by reference at the acetylmorphine, and codeine, by the AD: National Archives and Records more inclusive term ‘‘opioids,’’ rather (1) Alternative Methods of Compliance Administration (NARA). For information on than ‘‘opiates.’’ This rule amends the the availability of this material at NARA, call (AMOCs): The Manager, New York ACO term in the FAA, FTA, and PHMSA Branch, FAA, has the authority to approve 202–741–6030, or go to: http:// www.archives.gov/federal-register/cfr/ibr- regulations to ensure that all DOT drug AMOCs for this AD, if requested using the testing rules are consistent with one procedures found in 14 CFR 39.19. In locations.html. another and with the Mandatory accordance with 14 CFR 39.19, send your Issued in Des Moines, Washington, on request to your principal inspector or local April 8, 2019. Guidelines for Federal Workplace Drug Testing Programs. In addition, this rule Flight Standards District Office, as Michael J. Kaszycki, appropriate. If sending information directly makes a conforming amendment to to the manager of the certification office, Acting Director, System Oversight Division, include the term ‘‘opioids’’ in the Aircraft Certification Service. send it to ATTN: Program Manager, wording of the Department’s annual Continuing Operational Safety, FAA, New [FR Doc. 2019–08095 Filed 4–22–19; 8:45 am] information collection requirement and York ACO Branch, 1600 Stewart Avenue, BILLING CODE 4910–13–P clarifications to section 40.26 and Suite 410, Westbury, NY 11590; telephone 516–228–7300; fax 516–794–5531. Before Appendix H regarding the requirement for employers to follow the using any approved AMOC, notify your DEPARTMENT OF TRANSPORTATION appropriate principal inspector, or lacking a Department’s instructions for the annual principal inspector, the manager of the local Federal Aviation Administration information collection. flight standards district office/certificate DATES: This rule is effective on April 23, holding district office. 2019. (2) Contacting the Manufacturer: For any 14 CFR Part 120 requirement in this AD to obtain corrective FOR FURTHER INFORMATION CONTACT: For actions from a manufacturer, the action must Office of the Secretary of OST, Patrice M. Kelly, Director, Office be accomplished using a method approved Transportation of Drug and Alcohol Policy and by the Manager, New York ACO Branch, Compliance, 1200 New Jersey Avenue FAA; or Transport Canada Civil Aviation 49 CFR Parts 40 SE, Washington, DC 20590 (telephone: (TCCA); or Bombardier, Inc.’s TCCA Design 202–366–3784; email: ODAPCwebmail@ Approval Organization (DAO). If approved by Pipeline and Hazardous Materials dot.gov). For FTA, for program issues, the DAO, the approval must include the DAO-authorized signature. Safety Administration contact Iyon Rosario, Office of Transit Safety and Oversight (TSO), FTA, 1200 (k) Related Information 49 CFR Part 199 New Jersey Avenue SE, Washington, DC (1) Refer to Mandatory Continuing 20590–0001 (telephone: 202–366–2010; Airworthiness Information (MCAI) Canadian Federal Transit Administration email: [email protected]). For legal AD CF–2018–20, dated July 27, 2018, for issues, contact Bruce Walker, Office of related information. This MCAI may be 49 CFR Part 655 Chief Counsel (TCC), FTA, 1200 New found in the AD docket on the internet at Jersey Avenue SE, Washington, DC http://www.regulations.gov by searching for RIN 2105–AE78 and locating Docket No. FAA–2018–0965. 20590–0001 (telephone: 202–366–9109; (2) For more information about this AD, Conforming Amendments and email: [email protected]). For FAA, contact Darren Gassetto, Aerospace Engineer, Technical Corrections to Department Rafael Ramos, Office of Aerospace Mechanical Systems and Admin Services Rules Implementing the Transportation Medicine, Drug Abatement Division, Section, FAA, New York ACO Branch, 1600 Industry Drug Testing Program AAM–800, FAA, 800 Independence Stewart Avenue, Suite 410, Westbury, NY Avenue SW, Washington, DC 20591 11590; telephone 516–228–7323; fax 516– AGENCY: Office of the Secretary of (telephone 202–267–8442; facsimile 794–5531; email [email protected]. Transportation (OST), Federal Aviation 202–267–5200; email: drugabatement@ (l) Material Incorporated by Reference Administration (FAA), Federal Transit faa.gov). For PHMSA, Wayne Lemoi, (1) The Director of the Federal Register Administration (FTA), and Pipeline and Drug and Alcohol Program Manager, approved the incorporation by reference Hazardous Materials Safety PHMSA Office of Pipeline Safety (IBR) of the service information listed in this Administration (PHMSA); U.S. (telephone 909–937–7232, email paragraph under 5 U.S.C. 552(a) and 1 CFR Department of Transportation (DOT). [email protected]). part 51. ACTION: Final rule. SUPPLEMENTARY INFORMATION: (2) You must use this service information as applicable to do the actions required by SUMMARY: This final rule makes minor Background this AD, unless this AD specifies otherwise. technical corrections to the OST, FAA, On January 23, 2017, the Department (i) Bombardier Service Bulletin 100–32–30, FTA, and PHMSA regulations governing of Health and Human Services (HHS) dated December 18, 2017. (ii) Bombardier Service Bulletin 350–32– drug testing for safety-sensitive published its final version of its 006, dated December 18, 2017. employees to ensure consistency with Mandatory Guidelines for Federal (3) For service information identified in the recent amendments made to the Workplace Drug Testing Programs using this AD, contact Bombardier, Inc., 200 Coˆte- Department of Transportation’s Urine (HHS Mandatory Guidelines) (82 Vertu Road West, Dorval, Que´bec H4S 2A3, regulation, ‘‘Procedures for FR 7920). In that final rule, HHS added Canada; North America toll-free telephone 1– Transportation Workplace Drug and four semi-synthetic opioid substances 866–538–1247 or direct-dial telephone 1– Alcohol Testing Programs,’’ which (hydrocodone, hydromorphone, 514–855–2999; email ac.yul@ added requirements to test for oxycodone, and oxymorphone) to the aero.bombardier.com; internet http:// oxycodone, oxymorphone, drugs for which laboratories test under www.bombardier.com. (4) You may view this service information hydrocodone, and hydromorphone to the HHS Mandatory Guidelines. That at the FAA, Transport Standards Branch, DOT-regulated drug testing programs. rule became effective October 1, 2017. 2200 South 216th St., Des Moines, WA. For The changes to the Department’s By statute, the Department of information on the availability of this regulation make it necessary to refer to Transportation is required to follow the material at the FAA, call 206–231–3195. these substances, as well as the HHS Mandatory Guidelines for the VerDate Sep<11>2014 16:20 Apr 22, 2019 Jkt 247001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.SGM 23APR1 jbell on DSK3GLQ082PROD with RULES Federal Register / Vol. 84, No. 78 / Tuesday, April 23, 2019 / Rules and Regulations 16771 drugs for which it tests in the respective DOT Agency regulations conduct their anti-drug programs transportation industry drug testing since 2003. Therefore, we are making a according to the requirements of part program. Consequently, the Department technical amendment to § 40.26 and 199 and the DOT Procedures in part 40. issued a notice of proposed rulemaking Appendix H to part 40 to clarify the Moreover, the regulations explain that (NPRM) on January 23, 2017 (82 FR requirement for employers to use the the terms and concepts used in part 199 7771). In that NPRM, the Department MIS instructions. have the same meaning as in the DOT proposed to revise 49 CFR part 40 (part Discussion Procedures in part 40. The ODAPC final 40) to harmonize with certain parts of rule, dated November 13, 2017, changed the revised HHS Mandatory Guidelines. The Department’s 2017 final rule was the definition of ‘‘drug’’ in 49 CFR 40.3 The Department received 69 comments promulgated under the authority of the to: ‘‘The drugs for which tests are on the NPRM from various stakeholders, Omnibus Transportation Employee required under this part and DOT which were addressed in the final rule Testing Act (OTETA) of 1991 (Pub. L. Agency regulations are marijuana, published on November 13, 2017. 102–143, Title V, 105 Stat. 952). The cocaine, amphetamines, phencyclidine The Department’s final rule, among OTETA sets the requirements for DOT’s (PCP), and opioids.’’ As a conforming other things, added the four semi- reliance on the HHS Mandatory amendment, PHMSA is changing the synthetic opioid substances Guidelines for scientific testing issues. definition of ‘‘prohibited drug’’ in part (hydrocodone, hydromorphone, Section 503 of the Supplemental 199 to align it with the recently changed oxycodone, and oxymorphone) to the Appropriations Act, 1987 (Pub. L. 100– definition of ‘‘drugs’’ in part 40. Instead Department’s drug testing program (82 71, 101 Stat 391, 468), 5 U.S.C. 7301, of referencing the Controlled Substances FR 52229). The Department’s final rule and Executive Order 12564 establish Act, the definition of ‘‘prohibited drug’’ became effective on January 1, 2018. HHS as the agency that directs scientific will now reference part 40. This change These testing requirements are now and technical guidelines for Federal will also conform