[Federal Register Volume 60, Number 231 (Friday, December 1, 1995)]
[Rules and Regulations]
[Pages 61664-61665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29288]



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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 219

[Docket No. RSOR-6; Notice No. 43]
RIN 2130-AA81


Random Drug Testing: Announcement of 1996 Minimum Testing Rate; 
Designation of New Laboratory for Post-Accident Toxicology Testing

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Final rule and notice of determination.

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SUMMARY: Using data from Management Information System (MIS) annual 
reports, FRA has calculated that the rail industry random drug testing 
positive rate for 1994 was 0.808 per cent. Since the industry-wide 
random drug positive rate continues to be below 1.0 per cent, the 
Federal Railroad Administrator (Administrator) has determined that the 
minimum annual random drug testing rate for the period January 1, 1996 
through December 31, 1996 will remain at 25 percent of covered railroad 
employees.
    This rule also announces that FRA intends to award a contract to 
Northwest Toxicology, Inc. (Northwest), to conduct post-accident 
toxicological analysis, effective December 1, 1995.

DATES: This final rule is effective December 1, 1995.
    The minimum annual random drug testing rate is 25 percent of 
covered railroad employees for the period January 1, 1996 through 
December 31, 1996.

ADDRESSES: Any petition for reconsideration should be submitted to the 
Docket Clerk, Docket No. RSOR-6, Office of the Chief Counsel, Federal 
Railroad Administration, 400 7th Street, SW., Room 8201, Washington, DC 
20590.

FOR FURTHER INFORMATION CONTACT: Lamar Allen, Alcohol and Drug Program 
Manager, Office of Safety Enforcement, Operating Practices Division, 
Federal Railroad Administration, 400 7th Street, SW., Room 8314, 
Washington, DC 20590, (Telephone: (202) 366-0127) or James T. Schultz, 
Chief, Operating Practices Division, Office of Safety Enforcement, 
Federal Railroad Administration, 400 7th Street, SW., Room 8314, 
Washington, DC 20590, (Telephone: (202) 366-9178). 

[[Page 61665]]


SUPPLEMENTARY INFORMATION:

Administrator's Determination of 1996 Random Drug Testing Rate

    In a final rule published on December 2, 1994 (59 FR 62218), FRA 
announced that it will set future minimum random drug testing rates 
according to the rail industry's overall random drug positive rate, 
which is determined using annual railroad drug program data taken from 
FRA's Management Information System. Under this performance-based 
system, FRA will lower the minimum random drug testing rate to 25 
percent whenever the industry-wide random drug positive rate is less 
than 1.0 percent for two calendar years while testing at 50 percent. 
FRA will return the rate to 50 percent if the industry-wide random drug 
positive rate is 1.0 percent or higher in any subsequent calendar year. 
Each year, the Administrator will publish a Federal Register notice 
announcing the minimum random drug testing rate for the following year.
    In 1994, FRA set the 1995 minimum random drug testing rate at 25 
percent because 1992 and 1993 industry drug testing data indicated a 
random drug positive rate below 1.0 percent. In this rule, FRA 
announces that the minimum random drug testing rate will continue to be 
25 per cent of covered railroad employees for the period January 1, 
1996 through December 31, 1996, since the industry random positive rate 
for 1994 was 0.808 per cent.
    FRA implemented a parallel performance-based system for random 
alcohol testing, which will not be fully implemented until January 1, 
1996. Since FRA has less than one year of data, the current random 
alcohol minimum testing rate of 25 per cent will remain the same for 
1996.

Designation of New Post-Accident Testing Laboratory

    Beginning December 1, 1995, all post-accident toxicological 
analysis under Subpart C of Part 219 will be conducted by Northwest 
Toxicology, Inc. Therefore, FRA amends Appendix B to Part 219 to 
designate Northwest as its laboratory for post-accident toxicological 
testing.
    This rule is being made effective in less than the 30 days from 
publication otherwise required by law so that FRA can immediately 
commence testing at its newly designated post-accident testing 
laboratory. FRA has therefore determined that good cause exists under 
the provisions of 5 U.S.C. 553(d)(3) to warrant an expedited effective 
date.

Executive Order 12866 and DOT Regulatory Policies and Procedures

    FRA has determined that this rule is nonsignificant under Executive 
Order 12866 and under the Department of Transportation's Regulatory 
Policy and Procedures.

The Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 was enacted by Congress to 
ensure that small entities are not unnecessarily and disproportionately 
burdened by Government regulations. FRA certifies that this rule will 
not have a significant economic impact on a substantial number of small 
entities.

Federalism Impact

    This rule does not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, in accordance with Executive Order 
12612, FRA has determined that this rule does not have sufficient 
federalism implications to warrant preparation of a Federalism 
assessment.

Paperwork Reduction Act

    FRA has determined that this rule does not significantly change any 
previously approved information collection requirements.

List of Subjects in 49 CFR Part 219

    Alcohol and drug abuse, Railroad safety.

    Accordingly, for the reasons stated above, FRA amends 49 CFR Part 
219 as follows:

PART 219--CONTROL OF ALCOHOL AND DRUG USE

    1. The authority for Part 219 continues to read as follows:

    Authority: 49 U.S.C. 20103, 20107, 20111-20113, 20140, 21301 and 
21304; Pub. L. 103-272 (July 5, 1994); and 49 CFR 1.49(m).

    2. Appendix B to Part 219 is revised to read as follows:

Appendix B to Part 219--Designation of Laboratory for Post-Accident 
Toxicological Testing

    The following laboratory is currently designated to conduct 
post-accident toxicological analysis under Subpart C of this part: 
Northwest Toxicology, Inc., 1141 E. 3900 S., Suite A-110, Salt Lake 
City, UT 84124, telephone: (801) 288-2431 (Day), (801) 483-3383 
(Night/Weekend).

    Issued in Washington, DC on November 22, 1995.
S. Mark Lindsey,
Acting Administrator, Federal Railroad Administration.
[FR Doc. 95-29288 Filed 11-30-95; 8:45 am]
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