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16770 Federal Register / Vol. 84, No. 78 / Tuesday, 23, 2019 / Rules and Regulations

(j) Other FAA AD Provisions (5) You 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 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 , 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 , 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 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 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 23, 2017, the Department (i) Bombardier Service Bulletin 100–32–30, FTA, and PHMSA regulations governing of Health and Human Services (HHS) dated 18, 2017. (ii) Bombardier Service Bulletin 350–32– drug testing for safety-sensitive published its final version of its 006, dated , 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; 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 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

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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 , 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 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 , 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 , 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 with the requirement codified at 49 CFR 40.85(d) and 40.87. workplace drug-testing programs and under part 40 that the drug test panel Before the 2017 HHS and DOT standards for certification of includes the four semi-synthetic opioids rulemakings, laboratories under the laboratories’ regulated programs. While (i.e., hydrocodone, oxycodone, HHS Mandatory Guidelines and Part 40 the Department has discretion hydromorphone, oxymorphone) in tested for codeine, 6-acetylmorphine, concerning many aspects of the addition to the three natural opiates and morphine, properly referred to as regulations governing testing in the (i.e., heroin, morphine, codeine) ‘‘opiates.’’ The four substances added in transportation industries’ regulated previously included in DOT drug tests. the DOT 2017 final rule are semi- programs, we must follow the HHS synthetic substances, closely related to Mandatory Guidelines for the drugs for Regulatory Analyses and Notices opiates but chemically distinct. For this which we require testing. Good Cause for Immediate Adoption reason, it is more accurate to refer to all The final rule follows that same Without Prior Notice and Comment six substances under the more inclusive mandate with respect to 49 CFR part 40 term ‘‘opioids.’’ (OST), 14 CFR part 120 (FAA), and 49 Section 553(b)(3)(B) of the CFR part 655 (FTA), all of which are Administrative Procedure Act (APA) (5 DOT Management Information System directly subject to the OTETA mandate U.S.C. 551 et seq.) authorizes agencies Form to conform to the HHS Mandatory to dispense with prior notice and The 2017 DOT final rule changed the Guidelines. Although PHMSA is not one comment for rules when the agency for terminology from ‘‘opiates’’ to ‘‘opioids’’ of the agencies mentioned in OTETA, ‘‘good cause’’ finds that those throughout part 40, with one minor PHMSA’s drug testing rule (49 CFR part procedures are ‘‘impracticable, exception in the DOT’s Management 199) has always incorporated part 40 unnecessary, or contrary to the public Information System (MIS) Form. procedures, and it is important for all interest.’’ Under this section, an agency, Specifically, we did not change the term DOT drug testing regulations, and their upon finding good cause, may issue a ‘‘opiates’’ to ‘‘opioids’’ within the MIS terminology, to remain consistent. For final rule without seeking comment Form in order to avoid any confusion on this reason, we are changing the prior to the rulemaking. what employers were to report for the definition of ‘‘prohibited drug’’ in part As discussed above, this final rule 2017 calendar year MIS reporting 199 to directly reference part 40 and not revises the terminology in the respective period. Since testing for the semi- the Controlled Substances Act. OST, FAA, FTA, and PHMSA drug synthetic opioids began in calendar year In the OST rule, in Appendix H, the testing rules to conform to the 2018, employers would not need to MIS form, in Section III, ‘‘Drug Testing Department of Transportation’s final report that data until after January 1, Data,’’ the word ‘‘opiates’’ in Column 7 rule requiring testing for semi-synthetic 2019. Therefore, we are now updating is being changed to ‘‘opioids.’’ opioids. Also, as discussed above, OST, the MIS Form to be consistent with the In the FAA rule, the FAA is revising FAA, and FTA are statutorily required rest of part 40. The costs for the the definition of ‘‘prohibited drug’’ in to incorporate the Department of Health additional opioid testing were § 120.7(m) to mean any of the drugs and Human Services (HHS) scientific addressed in the final rule dated specified in part 40. The FAA is also and technical guidelines, including November 13, 2017. revising §§ 120.107 and 120.109 to mandatory guidelines establishing the In addition, in our November 13, replace the list of drugs and drug list of controlled substances which 2017, final rule (82 FR 52243), we metabolites with the term ‘‘prohibited individually may be tested. While moved the instructions to the MIS data drug.’’ These changes will harmonize PHMSA is not subject to the OTETA collection form from Appendix H to our part 120, in pertinent part, with part 40. mandate to follow the HHS Mandatory website. We did so to provide greater In § 120.109(c) the words ‘‘can not’’ are Guidelines, the PHMSA rule already flexibility to make changes and/or being corrected to ‘‘cannot.’’ required compliance with part 40. The updates to the MIS instructions. We did In the FTA rule, the FTA is replacing terminological changes involved will not intend for this to suggest that the term ‘‘opiates’’ with ‘‘opioids’’ in 49 not make substantive changes in the employers were no longer required to CFR 655.21(b)(3). obligations of regulated parties but use the MIS instructions as they have In the PHMSA rule, 49 CFR 199.5, clarify those parties’ obligations. For been required to do by part 40 and the pipeline operators are required to these reasons, we find that it is

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unnecessary to seek public comment not interfere with any action planned by the Executive Order. The rule would not before issuing this final rule. another agency and does not materially significantly affect the rights, roles, and There will be no additional costs alter the budgetary impact of any responsibilities of States, and would not associated with any of these changes, entitlements, grants, user fees, or loan involve preemption of State law, nor which are all administrative. Each of programs. Consequently, a full would it limit State policymaking these changes removes inconsistencies regulatory evaluation is not required. discretion. and harmonizes with changes made to the HHS Mandatory Guidelines in Executive Order 13771 Unfunded Mandates Reform Act January of 2017 that were incorporated This rule is not an Executive Order This rule is not an unfunded Federal into 49 CFR part 40 on November 13, 13771 regulatory action because this mandate within the meaning of the 2017. Any costs associated with the rule is not significant under Executive Unfunded Mandates Reform Act of 1995 substantive rulemaking changes to add Order 12866. (Pub. L. 104–4, 22, 1995, 109 the semi-synthetic opioids were Stat. 48). This rule will not result in the Regulatory Flexibility Act accounted for in the final rule dated expenditure by State, local, and tribal November 13, 2017 (82 FR 52229). The requirements of the Regulatory governments, in the aggregate, or by the Similarly, section 553(d)(3) of the Flexibility Act (RFA) do not apply when private sector, of $148.1 million or more APA requires that agencies publish a an agency finds good cause pursuant to in any one year (2 U.S.C. 1532). rule not less than 30 days before its 5 U.S.C. 553 to adopt a rule without Executive Order 13175 (Tribal effective date, except as otherwise prior notice and comment. Because this Consultation) provided by the agency for good cause rule adopts Departmental regulatory found and published with the rule. DOT requirements pursuant to part 40, the The agencies involved have analyzed finds that, for the same reasons stated involved agencies have determined that this action under Executive Order above, there is good cause to make these there is good cause to adopt the rule as 13175, and determined that this rule amendments effective immediately. a final rule; therefore, RFA analysis is would not have substantial direct effects not required. Additionally, this on one or more Indian Tribes; would not Executive Order 12866 and 13563 administrative action will result in no impose substantial direct compliance Executive Order 12866 and 13563 significant economic impact nor impose costs on Indian Tribal governments; and direct agencies to assess all costs and any additional cost to small entities that would not preempt Tribal law. benefits of available regulatory are subject to alcohol misuse and National Environmental Policy Act alternatives and, if regulation is controlled substance testing necessary, to select regulatory requirements of the cited regulations. The Department has analyzed the approaches that maximize net benefits environmental impacts of this action (including potential economic, Paperwork Reduction Act pursuant to the National Environmental environmental, public health and safety This rule does not provide a new Policy Act of 1969 (42 U.S.C. 4321 et effects, distributive impacts, and collection of information that is subject seq.) and has determined that it is equity). Executive Order 13563 to the Paperwork Reduction Act of 1995 categorically excluded pursuant to DOT emphasizes the importance of (44 U.S.C. 3501–3520). Under the Order 5610.1C, Procedures for quantifying both costs and benefits, of provisions of the Paperwork Reduction Considering Environmental Impacts (44 reducing costs, of harmonizing rules, Act, the affected agencies may not FR 56420, Oct. 1, 1979). Categorical and of promoting flexibility. This final conduct or sponsor, and a person is not exclusions are actions identified in an rule implements changes that are required to respond to or may not be agency’s NEPA implementing administrative in nature. All agencies penalized for failing to comply with, a procedures that do not normally have a involved have determined that this collection of information unless it significant impact on the environment action is not a significant regulatory displays a currently valid OMB control and therefore do not require either an action under section 3(f) of Executive number. environmental assessment (EA) or Order 12866, nor is it significant within environmental impact statement (EIS). the meaning of Department of Executive Order 13132, Federalism See 40 CFR 1508.4. In analyzing the Transportation regulatory policies and Executive Order 13132 sets forth applicability of a categorical exclusion, procedures. principles and criteria that agencies the agency must also consider whether This rule provides technical must adhere to in formulating and extraordinary circumstances are present corrections to the cited regulations implementing policies that have that would warrant the preparation of harmonizing them with part 40. The Federalism implications. That is, an EA or EIS. Id. Paragraph 4(c)(5) of only entities affected by this rule are regulations that have substantial direct DOT Order 5610.1C incorporates by those aviation, transit, and pipeline effects on the States, or on the reference the categorical exclusions for entities already subject to DOT drug distribution of power and all DOT Operating Administrations. testing rules and the changes made to responsibilities among the various This action is covered by the categorical part 40 by the final rule dated November levels of government. Federal agencies exclusion listed in the Federal Transit 13, 2017. This rule does not require any must closely examine the statutory Administration’s implementing additional costs associated with authority supporting any action that procedures, ‘‘[p]lanning and compliance. Accordingly, it has not would limit the policymaking discretion administrative activities that do not been reviewed by the Office of of the States, and to the extent involve or lead directly to construction, Management and Budget. practicable, must consult with State and such as: . . . promulgation of rules, This rule is not expected to impose local officials before implementing any regulations, directives . . .’’ 23 CFR any new compliance costs, and would such action. 771.118(c)(4). The purpose of this not adversely affect, in any material The agencies involved have reviewed rulemaking is to make minor technical way, any sector of the economy. There this rule under the threshold criteria of corrections to the Department’s drug- are no significant changes to the existing Executive Order 13132 on Federalism testing regulations. The Department program with the publication of this and certify that the rule would not have does not anticipate any environmental rulemaking. Additionally, this rule does Federalism implications as defined by impacts and there are no extraordinary

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circumstances present in connection Authority: 49 U.S.C. 106(f), 106(g), 40101– this section must be based on a with this rulemaking. 40103, 40113, 40120, 41706, 41721, 44106, determination, using the best 44701, 44702, 44703, 44709, 44710, 44711, information available at the time of the International Compatibility and 45101–45105, 46105, 46306. determination, that the employee’s Cooperation ■ 2. In § 120.7, revise paragraph (m) to performance could not have contributed In keeping with U.S. obligations read as follows: to the accident. The employee shall under the Convention on International submit to post-accident testing under Civil Aviation (ICAO), it is FAA policy § 120.7 Definitions. this section. to conform to ICAO Standards and * * * * * * * * * * Recommended Practices to the (m) Prohibited drug means any of the maximum extent practicable. The FAA drugs specified in 49 CFR part 40. Title 49—Transportation has determined that its portion of this * * * * * PART 40—PROCEDURES FOR final rule does not conflict with any ■ 3. Revise § 120.107 to read as follows: international agreement of the United TRANSPORTATION WORKPLACE States. § 120.107 Substances for which testing DRUG AND ALCOHOL TESTING must be conducted. PROGRAMS List of Subjects Each employer shall test each ■ 5. The authority citation for part 40 14 CFR Part 120 employee who performs a safety- continues to read as follows: Air carriers, Alcoholism, Alcohol sensitive function for evidence of a prohibited drug during each test Authority: 49 U.S.C. 102, 301, 322, 5331, abuse, Aviation safety, Drug abuse, Drug 20140, 31306, and 54101 et seq. testing, Operators, Reporting and required by § 120.109. recordkeeping requirements, Safety, ■ 4. In § 120.109, revise paragraphs ■ 6. Revise § 40.26 to read as follows: Safety-sensitive, Transportation. (a)(5) and (c) to read as follows: § 40.26 What form must an employer use 49 CFR Part 40 § 120.109 Types of drug testing required. to report Management Information System (MIS) data to a DOT agency? Administrative practice and * * * * * procedures, Alcohol abuse, Alcohol (a) * * * As an employer, when you are testing, Drug abuse, Drug testing, (5) Before hiring or transferring an required to report MIS data to a DOT Laboratories, Reporting and individual to a safety-sensitive function, agency, you must use the U.S. recordkeeping requirements, Safety, the employer must advise each Department of Transportation Drug and Transportation. individual that the individual will be Alcohol Testing MIS Data Collection required to undergo pre-employment Form to report that data. You must use 49 CFR Part 655 testing in accordance with this subpart, the form and instructions referenced at Mass transportation, Alcohol testing, to determine the presence of a Appendix H to part 40. You must Drug testing, Reporting and prohibited drug in the individual’s submit the MIS report in accordance recordkeeping requirements, Safety, system. The employer shall provide this with rule requirements (e.g., dates for Transportation. same notification to each individual submission; selection of companies required by the employer to undergo required to submit, and method of 49 CFR Part 199 pre-employment testing under reporting) established by the DOT Alcohol testing, Drug testing, Pipeline paragraph (a)(4) of this section. agency regulating your operation. safety, Reporting and recordkeeping * * * * * ■ 7. Revise Appendix H to part 40 to requirements, Safety, Transportation. (c) Post-accident drug testing. Each read as follows: In consideration of the foregoing, the employer shall test each employee who Appendix H to Part 40—DOT Drug and Department of Transportation and its performs a safety-sensitive function for Alcohol Testing Management agencies amend their regulations as the presence of a prohibited drug in the Information System (MIS) Data follows: employee’s system if that employee’s Collection Form performance either contributed to an Title 14—Aeronautics and Space accident or cannot be completely The following form is the MIS Data PART 120—DRUG AND ALCOHOL discounted as a contributing factor to Collection form required for use to TESTING PROGRAM the accident. The employee shall be report calendar year MIS data. The tested as soon as possible but not later instructions for this form are found at ■ 1. The authority citation for part 120 than 32 hours after the accident. The https://www.transportation.gov/odapc. continues to read as follows: decision not to administer a test under BILLING CODE 4910–9x–P

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BILLING CODE 4910–9x–C DEPARTMENT OF JUSTICE considering all comments, the Department has determined to adopt the PART 199—DRUG AND ALCOHOL 28 CFR Part 16 provisions of the interim rule in final TESTING [Docket No. OAG 155; A.G. Order No. 4442– form without change. 2019] The first commenter did not suggest ■ 8. The authority citation for part 199 any changes to the rule, but instead continues to read as follows: RIN 1105–AB51 generally provided his opinion on the importance of the FOIA and how it Authority: 49 U.S.C. 5103, 60102, 60104, Department of Justice Freedom of 60108, 60117, and 60118; 49 CFR 1.53. should operate. Information Act Regulations The second comment pertained to ■ 9. In § 199.3, revise the definition of AGENCY: Department of Justice. duplication fees for student requesters and the services provided by the Office ‘‘Prohibited drug’’ to read as follows: ACTION: Final rule. of Government Information Services § 199.3 Definitions. SUMMARY: The Department of Justice, (OGIS). The commenter noted that it is * * * * * after consideration of the public important for students to be able to Prohibited drug means any of the comments, adopts without change the obtain documents in a reasonably cost- substances specified in 49 CFR part 40. interim final rule amending the effective manner, which is reflected in Department’s regulations under the the decision rendered by the Court of * * * * * Freedom of Information Act (FOIA) that Appeals for the District of Columbia was published on , 2017. Circuit in Sack v. DOD, 823 F.3d 687 PART 655—PREVENTION OF (D.C. Cir. 2016). The commenter ALCOHOL MISUSE AND PROHIBITED DATES: This rule is effective April 23, 2019. indicated that, despite qualifying for DRUG USE IN TRANSIT OPERATIONS educational institution requester status, FOR FURTHER INFORMATION CONTACT: students will still be required to pay ■ 10. The authority citation for part 655 Lindsay Roberts, Attorney-Advisor, duplication fees. The commenter stated continues to read as follows: Office of Information Policy, (202) 514– that duplication fees may become 3642. Authority: 49 U.S.C. 5331; 49 CFR 1.91. obsolete over time as records are SUPPLEMENTARY INFORMATION: The maintained electronically and responses ■ 11. Amend § 655.21 by revising Department issued an interim final rule are likewise provided electronically. paragraph (b)(3) to read as follows: amending the Department’s regulations The commenter encouraged the under the Freedom of Information Act Department to keep all records § 655.21 Drug testing. (FOIA) to incorporate certain changes electronically to reduce duplication * * * * * made to the FOIA, 5 U.S.C. 552, by the fees. The commenter suggested that the FOIA Improvement Act of 2016, Public Department consider removing (b) * * * Law 114–185, 130 Stat. 538 ( 30, duplication fees, unless the component (3) Opioids; 2016). 82 FR 725 (Jan. 4, 2017) Those certifies that the records being produced * * * * * changes included providing requesters are in paper format and the component 90 days to submit an administrative does not possess an electronic copy. Issued in Washington, DC, on Tuesday, appeal and implementing certain notice The Department considered this , 2019. requirements for FOIA response letters. comment and declines to remove the Elaine L. Chao, The rule also updated the requirements provision for charging applicable Secretary of Transportation. pertaining to two FOIA fee categories, duplication fees to educational Daniel K. Elwell, ‘‘representative of the news media’’ and institutions. The FOIA provides that Acting Administrator, Federal Aviation ‘‘educational institution,’’ to reflect agencies shall promulgate regulations Administration. recent decisions by the Court of Appeals providing for reasonable standard [FR Doc. 2019–06986 Filed 4–22–19; 8:45 am] for the District of Columbia Circuit. The charges for duplication fees, which are rule went into effect on 3, the only type of fees assessed to BILLING CODE 4910–9X–P 2017. The Department received three educational institution requesters. See 5 public comments about the interim final U.S.C. 552(a)(4)(A)(ii)(II). The rule. After carefully reviewing and Department’s regulations contain the

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