[Federal Register Volume 62, Number 54 (Thursday, March 20, 1997)]
[Rules and Regulations]
[Pages 13349-13350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6831]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 219

[Docket No. RSOR-6; Notice No. 44]
RIN 2130-AA81


Random Alcohol and Drug Testing: Determination of 1997 Minimum 
Testing Rate

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 rail industry random drug testing positive 
rate for 1995 was .93 percent. Since the industry-wide random drug 
positive rate continues to be below 1.0 percent, the Federal Railroad 
Administrator (Administrator) has determined that the minimum annual 
random drug testing rate for the period January 1, 1997 through 
December 31, 1997 will remain at 25 percent of covered railroad 
employees.
    Since random alcohol testing was not fully implemented until 
January 1, 1996, FRA has insufficient data to adjust the minimum 
testing rate. Therefore, the minimum random alcohol testing rate will 
remain at the current 25 percent of covered railroad employees for the 
period January 1, 1997 through December 31, 1997.

DATES: The minimum annual random drug and alcohol testing rate is 25 
percent of covered railroad employees for the period January 1, 1997, 
through December 31, 1997.

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) 632-3378).

SUPPLEMENTARY INFORMATION:

Administrator's Determination of 1997 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 alcohol and drug 
testing rates according to the rail industry's overall violation rate, 
which is determined using annual railroad alcohol and drug 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 alcohol and drug

[[Page 13350]]

testing rates for the following year. (See 49 CFR 219.602 and 219.608.)
    Under this performance-based system, FRA may 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. (For both alcohol and drugs, 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). 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.
    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 notice, FRA 
announces the minimum random drug testing rate will continue to be 25 
percent of covered railroad employees for the period January 1, 1997 
through December 31, 1997, since the industry random positive rate for 
1995 is below 1.0 percent.
    FRA implemented a parallel performance-based system for random 
alcohol testing. Under this system, FRA may lower the minimum random 
alcohol testing rate to 10 percent whenever the industry-wide violation 
rate is less than .05 percent for two calendar years while testing at a 
higher rate. FRA will raise the rate to 50 percent if the industry-wide 
violation rate is 1.0 percent or higher in any subsequent calendar 
year. If the industry-wide violation rate is less than 1.0 percent but 
greater than .05 percent, the rate will remain at 25 percent.
    Random alcohol testing was fully implemented at a 25 percent 
minimum testing rate on January 1, 1996. Since FRA does not yet have 
two years of data for the entire rail industry, the current random 
alcohol testing rate will remain at 25 percent of covered railroad 
employees for the period January 1, 1997 through December 31, 1997.

    Issued in Washington, DC on March 13 1997.
Donald M. Itzkoff,
Deputy Administrator, Federal Railroad Administration.
[FR Doc. 97-6831 Filed 3-19-97; 8:45 am]
BILLING CODE 4910-06-M