[Federal Register Volume 61, Number 248 (Tuesday, December 24, 1996)]
[Notices]
[Pages 67866-67867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32695]


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DEPARTMENT OF TRANSPORTATION

Antidrug and Alcohol Misuse Prevention Programs for Personnel 
Engaged in Specified Aviation Activities

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: The FAA has determined that the minimum percentage rates for 
drug and alcohol testing for the period January 1, 1997, through 
December 31, 1997, will remain at 25 percent of covered aviation 
employees.

FOR FURTHER INFORMATION CONTACT:
Mr. William R. McAndrew, Office of Aviation Medicine, Drug Abatement 
Division (AAM-800), Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591; telephone (202) 267-8442.

SUPPLEMENTARY INFORMATION: 

Administrator's Determination of 1997 Random Drug and Alcohol Testing 
Rates

    In final rules published in the Federal Register on February 15, 
and December 2, 1994 (59 FR 7380 and 62218, respectively), the FAA 
announced that it will set future minimum annual percentage rates for 
random alcohol and drug testing for aviation industry employers 
according to the results which the employers experience conducting 
random alcohol and drug testing during each calendar year. The rules 
set forth the formula for calculating an annual aviation industry 
``violation rate'' for random alcohol testing and an annual aviation 
industry `'positive rate'' for random drug testing. The ``violation 
rate'' for random alcohol tests means the number of covered employees 
found during random tests given under 14 CFR appendix J to have an 
alcohol concentration of 0.04 or greater plus the number of employees 
who refused a random alcohol test, divided by the total reported number 
of employees given random alcohol tests plus the total reported number 
of employees who refused a random test. The ``positive rate'' means the 
number of positive results for random drug tests conducted under 14 CFR 
appendix I plus the number of refusals to take random drug tests, 
divided by the total number of random drug tests plus the number of 
refusals to take random drug tests. The violation rate and the positive 
rate are calculated using information required to be submitted to the 
FAA by specified aviation industry employers as part of an FAA 
Management Information System (MIS) and form the basis for maintaining 
or adjusting the minimum annual percentage rates for random alcohol and 
drug testing as indicated in the following paragraphs.
    When the annual percentage rate for random alcohol testing is 25 
percent or more, the FAA Administrator may lower the rate to 10 percent 
if data received under the MIS reporting requirements for two 
consecutive calendar years

[[Page 67867]]

indicate that the violation rate is less than 0.5 percent.
    When the minimum annual percentage rate for random alcohol testing 
is 50 percent, the FAA Administrator may lower the rate to 25 percent 
if data received under the MIS reporting requirements for two 
consecutive calendar years indicate that the violation rate is less 
than 1.0 percent but equal to or greater than 0.5 percent.
    When the minimum annual percentage rate for random alcohol testing 
is 10 percent, and the data received under the MIS reporting 
requirements for that calendar year indicate that the violation rate is 
equal to or greater than 0.5 percent but less than 1.0 percent, the FAA 
Administrator must increase the minimum annual percentage rate for 
random alcohol testing to 25 percent.
    When the minimum annual percentage rate for random alcohol testing 
is 25 percent or less, ant the data received under the MIS reporting 
requirements for that calendar year indicate that the violation rate is 
equal to or greater than 1.0 percent, the FAA Administrator must 
increase the minimum annual percentage rate for random alcohol testing 
to 50 percent.
    When the minimum annual percentage rate for random drug testing is 
50 percent, the FAA Administrator may lower the rate to 25 percent if 
data received under the MIS reporting requirements for two consecutive 
calendar years indicate that the positive rate is less than 1.0 
percent.
    When the minimum annual percentage rate for random drug testing is 
25 percent, and the data received under the MIS reporting requirements 
for any calendar year indicate that the reported positive rate is equal 
to or greater than 1.0 percent, the Administrator will increase the 
minimum annual percentage rate for random drug testing to 50 percent.
    There is a one year lag in the adjustment in the minimum annual 
percentage rates for random drug and alcohol testing because MIS data 
for a given calendar year is not reported to the FAA until the 
following calendar year. For example, MIS data for 1995 is not reported 
to the FAA until March 15, 1996, and any rate adjustments resulting 
from the 1995 data are not effective until January 1, 1997, following 
publication by the FAA of a notice in the Federal Register.
    The minimum annual percentage rate for random alcohol testing was 
25 percent for calendar year 1995. In this notice, the FAA announces 
that it has determined that the violation rate for calendar year 1995 
is less than one-half of one percent positive, at approximately 0.06 
percent. Since the violation rate is less than one-half of one percent, 
and it is the first year for which alcohol testing data were required 
to be reported under the MIS reporting requirements, the minimum annual 
percentage rate for random alcohol testing for aviation industry 
employers for calendar year 1997 will remain at 25 percent.
    The minimum annual percentage rate for random drug testing was also 
25 percent in calendar year 1995. Therefore, the FAA is also announcing 
that it has determined that the positive rate for calendar year 1995 is 
less than 1 percent, at approximately 0.69 percent, and that the 
minimum annual percentage rate for random drug testing for aviation 
industry employers for calendar year 1997 will remain at 25 percent.

    Dated: December 18, 1996.
Jon L. Jordan,
Federal Air Surgeon.
[FR Doc. 96-32695 Filed 12-23-96; 8:45 am]
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