[Code of Federal Regulations]
[Title 49, Volume 3]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR199.229]

[Page 224-225]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                       TRANSPORTATION (CONTINUED)
 
PART 199_DRUG AND ALCOHOL TESTING--Table of Contents
 
               Subpart C_Alcohol Misuse Prevention Program
 
Sec. 199.229  Reporting of alcohol testing results.

    (a) Each large operator (having more than 50 covered employees) 
shall submit an annual MIS report to RSPA of its alcohol testing results 
using the Management Information System (MIS) form and instructions as 
required by 49 CFR part 40 (at Sec. 40.25 and appendix H to part 40), 
not later than March 15 of each year for the previous calendar year 
(January 1 through December 31). The Administrator may require by 
written notice that small operators (50 or fewer covered employees) not 
otherwise required to submit annual MIS reports to prepare and submit 
such reports to RSPA.
    (b) Each operator that has a covered employee who performs multi-DOT

[[Page 225]]

agency functions (e.g., an employee performs pipeline maintenance duties 
and drives a commercial motor vehicle), count the employee only on the 
MIS report for the DOT agency under which he or she is tested. Normally, 
this will be the DOT agency under which the employee performs more than 
50% of his or her duties. Operators may have to explain the testing data 
for these employees in the event of a DOT agency inspection or audit.
    (c) Each report required under this section shall be submitted to 
the Office of Pipeline Safety, Research and Special Programs 
Administration, U.S. Department of Transportation, Room 7128, 400 
Seventh Street, SW, Washington, DC 20590.
    (d) A service agent (e.g., Consortia/Third Party Administrator as 
defined in part 40) may prepare the MIS report on behalf of an operator. 
However, each report shall be certified by the operator's anti-drug 
manager or designated representative for accuracy and completeness.

[68 FR 75466, Dec. 31, 2003, as amended by Amdt. 199-20, 69 FR 32898, 
June 14, 2004]