[Federal Register: December 10, 2002 (Volume 67, Number 237)]
[Proposed Rules]
[Page 75965-75966]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de02-17]
[[Page 75965]]
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Part IV
Department of Transportation
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Federal Railroad Administration
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49 CFR Part 219
Control of Alcohol and Drug Use: Notice Inviting Comment on July 2002
Canadian Human Rights Commission Policy on Alcohol and Drug Testing;
Proposed Rule
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 219
[Docket No. FRA 2001-11068, Notice No. 3]
RIN 2130-AB39
Control of Alcohol and Drug Use: Notice Inviting Comment on July
2002 Canadian Human Rights Commission Policy on Alcohol and Drug
Testing
AGENCY: Federal Railroad Administration (FRA), DOT.
ACTION: Proposed rule; extension of comment period until further
notice.
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SUMMARY: In general, FRA's regulation on the control of alcohol and
drug use currently applies to all railroads that operate on the general
railroad system of transportation in the United States. In a December
11, 2001, notice of proposed rulemaking (NPRM), FRA proposed to amend
the regulation to narrow the scope of its current exemption of certain
operations by foreign railroads and small railroads from full
application of FRA's requirements. Under the NPRM, an employee of a
foreign railroad (a railroad incorporated outside the United States)
whose primary reporting point is outside the United States (a foreign
railroad foreign-based or ``FRFB employee''), who performs train or
dispatching service in the United States covered by hours of service
laws would no longer be exempt from the pre-employment drug testing,
random alcohol and drug testing, and employee assistance program
requirements of part 219. FRA held a public hearing on February 14,
2002, and extended the comment period until March 14 to allow
interested parties time to supplement the record. (FRFB signal service
employees, who are few in number, would continue to be exempt from pre-
employment testing, random testing, and employee assistance program
requirements.) Elsewhere in today's Federal Register, FRA is publishing
a Final Rule that, with some amendments, continues in effect an Interim
Final Rule requiring all dispatching of railroad operations that occur
in the United States to be performed in the United States, with some
limited exceptions.
On July 10, 2002, the Canadian Human Rights Commission Policy on
Alcohol and Drug Testing (Policy) was published. (A copy of the Policy
has been placed in the docket of this rulemaking). In accordance with
the North American Free Trade Agreement (NAFTA), FRA is seeking the
least-trade-impact solution in furtherance of its national rail safety
goals. As part of this process, FRA invites comment on the Policy,
which was issued almost four months after the public comment period on
the NPRM closed. FRA will keep the comment period open until further
notice while it engages in further consultations with the Governments
of Canada and Mexico on the safety issues involved in the NPRM.
ADDRESSES: Anyone wishing to file a comment should refer to the FRA
docket and notice numbers (FRA Docket No. FRA 2001-11068, Notice No.
3). You may submit your comments and related material by only one of
the following methods:
By mail to the Docket Management System, U.S. Department of
Transportation, room PL-401, 400 7th Street, SW., Washington, DC 20590-
0001; or
Electronically through the Web site for the Docket Management
System at http://dms.dot.gov. For instructions on how to submit
comments electronically, visit the Docket Management System Web site
and click on the ``Help'' menu.
The Docket Management Facility maintains the public docket for this
rulemaking. Comments, and documents as indicated in this preamble, will
become part of this docket and will be available for inspection or
copying at room PL-401 on the plaza level of the Nassif Building at the
same address during regular business hours. You may also obtain access
to this docket on the Internet at http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: For technical issues, Lamar Allen,
Alcohol and Drug Program Manager, FRA Office of Safety, RRS-11, 1120
Vermont Avenue, NW., Mail Stop 25, Washington, DC 20590 (telephone 202-
493-6313). For legal issues, Patricia V. Sun, Trial Attorney, Office of
the Chief Counsel, RCC-11, 1120 Vermont Avenue, NW., Mail Stop 10,
Washington, DC 20590 (telephone 202-493-6038).
SUPPLEMENTARY INFORMATION: As briefly summarized above, on December 11,
2001 (66 FR 64000), FRA proposed to amend its regulation on the control
of alcohol and drug use (49 CFR part 219) to narrow the scope of
exemptions for FRFB employees and for small railroads. The most
controversial part of the NPRM was its proposal to make FRFB employees
who perform train or dispatching service in the United States subject
to part 219's random alcohol and drug testing requirements. The Embassy
of Canada has filed a letter that questioned the need for the NPRM, and
requested that FRA withdraw the NPRM, and work with Transport Canada to
establish a Canada-United States rail safety working group that would
explore areas of bilateral cooperation and exchange information on each
country's respective regulations, laws and statistics.
FRA is unwilling to withdraw the NPRM, as requested by the Embassy
of Canada, but is willing to extend the comment period until further
notice to allow for further consultations between FRA and the
Governments of Canada and Mexico on the safety issues involved in the
rulemaking. FRA will be contacting the Governments of Canada and Mexico
to set up these consultations. FRA will provide interested parties an
opportunity to comment on the results of the consultations before FRA
makes a final decision on the rulemaking. In light of the major Alcohol
and Drug Testing Policy issued by the Canadian Human Rights Commission
last month, a copy of which has been placed in the docket, FRA invites
additional public comment on the Policy's impact on the legal
requirements for workplace alcohol and drug testing in Canada.
Issued in Washington, DC, on November 26, 2002.
Allan Rutter,
Federal Railroad Administrator.
[FR Doc. 02-30528 Filed 12-9-02; 8:45 am]
BILLING CODE 4910-06-P