[Code of Federal Regulations]
[Title 49, Volume 3]
[Revised as of October1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR199.3]

[Page 182]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                       TRANSPORTATION (CONTINUED)
 
PART 199--DRUG AND ALCOHOL TESTING--Table of Contents
 
                           Subpart A--General
 
Sec. 199.3  Definitions.

    As used in this part--
    Accident means an incident reportable under part 191 of this chapter 
involving gas pipeline facilities or LNG facilities, or an accident 
reportable under part 195 of this chapter involving hazardous liquid 
pipeline facilities.
    Administrator means the Administrator of the Research and Special 
Programs Administration or any person to whom authority in the matter 
concerned has been delegated by the Secretary of Transportation.
    Covered employee, employee, or individual to be tested means a 
person who performs a covered function, including persons employed by 
operators, contractors engaged by operators, and persons employed by 
such contractors.
    Covered function means an operations, maintenance, or emergency-
response function regulated by part 192, 193, or 195 of this chapter 
that is performed on a pipeline or on an LNG facility.
    DOT Procedures means the Procedures for Transportation Workplace 
Drug and Alcohol Testing Programs published by the Office of the 
Secretary of Transportation in part 40 of this title.
    Fail a drug test means that the confirmation test result shows 
positive evidence of the presence under DOT Procedures of a prohibited 
drug in an employee's system.
    Operator means a person who owns or operates pipeline facilities 
subject to part 192, 193, or 195 of this chapter.
    Pass a drug test means that initial testing or confirmation testing 
under DOT Procedures does not show evidence of the presence of a 
prohibited drug in a person's system.
    Performs a covered function includes actually performing, ready to 
perform, or immediately available to perform a covered function.
    Positive rate means the number of positive results for random drug 
tests conducted under this subpart plus the number of refusals of random 
tests required by this subpart, divided by the total number of random 
drug tests conducted under this subpart plus the number of refusals of 
random tests required by this subpart.
    Prohibited drug means any of the following substances specified in 
Schedule I or Schedule II of the Controlled Substances Act (21 U.S.C. 
812): marijuana, cocaine, opiates, amphetamines, and phencyclidine 
(PCP).
    Refuse to submit, refuse, or refuse to take means behavior 
consistent with DOT Procedures concerning refusal to take a drug test or 
refusal to take an alcohol test.
    State agency means an agency of any of the several states, the 
District of Columbia, or Puerto Rico that participates under the 
pipeline safety laws (49 U.S.C. 60101 et seq.)

[53 FR 47096, Nov. 21, 1988, as amended by Amdt. 199-2, 54 FR 51850, 
Dec. 18, 1989; 59 FR 62227, Dec. 2, 1994; Amdt. 199-13, 61 FR 18518, 
Apr. 26, 1996; Amdt. 199-15, 63 FR 13000, Mar. 17, 1998; Amdt. 199-19, 
66 FR 47117, Sept. 11, 2001]