[Federal Register: December 31, 2007 (Volume 72, Number 249)]
[Rules and Regulations]
[Page 74193]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31de07-9]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 219
[Docket No. 2001-11213, Notice No. 11]
RIN 2130-AA81
Alcohol and Drug Testing: Determination of Minimum Random Testing
Rates for 2008
AGENCY: Federal Railroad Administration (FRA), DOT.
ACTION: Notice of Determination.
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SUMMARY: Using data from Management Information System annual reports,
FRA has determined that the 2006 rail industry random testing positive
rates were 0.60 percent for drugs and 0.13 percent for alcohol. Because
the industry-wide random drug testing positive rate has remained below
1.0 percent for the last two years, the Federal Railroad Administrator
(Administrator) has determined that the minimum annual random drug
testing rate for the period January 1, 2008, through December 31, 2008,
will remain at 25 percent of covered railroad employees. In addition,
because the industry-wide random alcohol testing violation rate has
remained below 0.5 percent for the last two years, the Administrator
has determined that the minimum random alcohol testing rate will remain
at 10 percent of covered railroad employees for the period January 1,
2008, through December 31, 2008.
DATES: This notice is effective upon publication.
FOR FURTHER INFORMATION CONTACT: Lamar Allen, Alcohol and Drug Program
Manager, Office of Safety Enforcement, Mail Stop 25, Federal Railroad
Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590,
(telephone 202 493-6313); or Kathy Schnakenberg, FRA Alcohol/Drug
Program Specialist, (telephone 816 561-2714).
SUPPLEMENTARY INFORMATION:
Administrator's Determination of 2008 Minimum Random Drug and Alcohol
Testing Rates
In a final rule published on December 2, 1994 (59 FR 62218), FRA
announced that it will set future minimum random drug and alcohol
testing rates according to the rail industry's overall positive rate,
which is determined using annual railroad drug and alcohol program data
taken from FRA's Management Information System. Based on this data, the
Administrator publishes a Federal Register notice each year, announcing
the minimum random drug and alcohol testing rates for the following
year. See 49 CFR 219.602, 608.
Under this performance-based system, FRA may lower the minimum
random drug testing rate to 25 percent of covered railroad employees
whenever the industry-wide random drug positive rate is less than 1.0
percent for two calendar years while testing at a 50 percent minimum
rate. For both drugs and alcohol, FRA reserves the right to consider
other factors, such as the number of positives in its post-accident
testing program, before deciding whether to lower annual minimum random
testing rates. If the industry-wide random drug positive rate is 1.0
percent or higher in any subsequent calendar year, FRA will return the
minimum random drug testing rate to 50 percent of covered railroad
employees.
If the industry-wide random alcohol violation rate is less than 1.0
percent but greater than 0.5 percent, the minimum random alcohol
testing rate will be 25 percent of covered railroad employees. FRA will
raise the minimum random rate to 50 percent of covered railroad
employees if the industry-wide random alcohol violation rate is 1.0
percent or higher in any subsequent calendar year. FRA may lower the
minimum random alcohol testing rate to 10 percent of covered railroad
employees whenever the industry-wide violation rate is less than 0.5
percent for two calendar years while testing at a higher rate.
In this notice, FRA announces that the minimum random drug testing
rate will remain at 25 percent of covered railroad employees for the
period January 1, 2008, through December 31, 2008, because the industry
random drug testing positive rate was below 1.0 percent for the last
two years (.060 in 2006 and .073 in 2005). The minimum random alcohol
testing rate will remain at 10 percent of covered railroad employees
for the period January 1, 2008, through December 31, 2008, because the
industry-wide violation rate for alcohol has remained below 0.5 percent
for the last two years (.013 in 2006 and .017 in 2005). Railroads
remain free, as always, to conduct random testing at higher rates.
Issued in Washington, DC, on December 17, 2007.
Joseph H. Boardman,
Administrator.
[FR Doc. E7-25353 Filed 12-28-07; 8:45 am]
BILLING CODE 4910-06-P