[Federal Register Volume 63, Number 226 (Tuesday, November 24, 1998)]
[Notices]
[Pages 64985-64986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31376]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


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 rate for 
drug testing for the period January 1, 1999, through December 31, 1999, 
will remain at 25 percent of covered aviation employees for random drug 
testing and will remain at 10 percent of covered aviation employees for 
random alcohol testing.

FOR FURTHER INFORMATION CONTACT:
Ms. Patrice M. Kelly, Office of Aviation Medicine, Drug Abatement 
Division, Implementation, Regulations and Policy Branch (AAM-810), 
Federal Aviation Administration, 800 Independence Avenue SW, 
Washington, DC 20591; telephone (202) 267-8976.

SUPPLEMENTARY INFORMATION: 

Administrator's Determination of 1999 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 part 121, 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 part 121, 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 
of data received under the MIS reporting requirements for two 
consecutive calendar years 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, and 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

[[Page 64986]]

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 1997 is not reported 
to the FAA until March 15, 1998, and any rate adjustments resulting 
from the 1997 data are not effective until January 1, 1999, following 
publication by the FAA of a notice in the Federal Register.
    The minimum annual percentage rate for random alcohol testing was 
10 percent for calendar year 1998. In this notice, the FAA announces 
that it has determined that the violation rate for calendar year 1997 
is less than one-half of one percent positive, at approximately 0.10 
percent, and the minimum annual percentage rate for random alcohol 
testing for aviation industry employers for calendar year 1999 will 
remain at 10 percent.
    The minimum annual percentage rate for random drug testing was 25 
percent in calendar year 1998. The FAA is also announcing that it has 
determined that the positive rate for calendar year 1997 is less than 
one percent, at approximately 0.70 percent, and that the minimum annual 
percentage rate for random drug testing for aviation industry employers 
for calendar year 1999 will remain at 25 percent.

    Dated: November 17, 1998.
Jon L. Jordan,
Federal Air Surgeon.
[FR Doc. 98-31376 Filed 11-23-98; 8:45 am]
BILLING CODE 4910-13-M