[Federal Register Volume 63, Number 250 (Wednesday, December 30, 1998)]
[Rules and Regulations]
[Pages 71789-71790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34390]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 219

[Docket No. RSOR-6; Notice No. 47]
RIN 2130-AB31


Random Drug and Alcohol Testing: Determination of 1999 Minimum 
Testing Rate

AGENCY: Federal Railroad Administration (FRA), Transportation (DOT).

ACTION: Notice of Determination.

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SUMMARY: Under FRA's regulations on drug and alcohol testing, each year 
the Federal Railroad Administrator (Administrator) determines the 
minimum annual percentage rate for random drug and alcohol testing for 
the rail industry. Currently, the minimum rates for both drug and 
alcohol random testing are set at 25 percent.
    After reviewing the rail industry drug and alcohol management 
information system (MIS) data for 1996 and 1997, as well as data from 
compliance reviews of rail industry drug and alcohol testing programs, 
the Administrator has determined that the minimum annual random drug 
and alcohol testing rates for the period January 1, 1999 through 
December 31, 1999 will remain at 25 percent of covered railroad 
employees.

DATES: This notice is effective December 30, 1998.

FOR FURTHER INFORMATION CONTACT: Mr. Lamar Allen, Alcohol and Drug 
Program Manager, Office of Safety Assurance and Compliance, Operating 
Practices Division (RRS-11), FRA, 1120 Vermont Avenue, N.W., Mail Stop 
25, Washington, D.C. 20590, (telephone: 202-493-6313) or David H. 
Kasminoff, Esq., Trial Attorney (RCC-12), Office of Chief Counsel, FRA, 
Washington, D.C. 20590 (telephone: 202-493-6043).

SUPPLEMENTARY INFORMATION:

Administrator's Determination of 1999 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 and alcohol 
testing rates according to the rail industry's overall violation rate, 
which is determined using annual railroad drug and alcohol program data 
taken from FRA's MIS. Based on this and other program data, the 
Administrator publishes a Federal Register notice each year, announcing 
the minimum random drug and alcohol testing rates for the following 
year (see 49 CFR 219.602 and 219.608, respectively).
    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 consecutive 
calendar years while testing at the 50 percent rate. (For both drugs 
and alcohol, FRA reserves the right to consider other factors, such as 
the number of positives in its post-accident testing program and the 
findings from program compliance reviews, 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.
    The minimum random drug testing rate for any administration in DOT 
is 25 percent. In this notice, FRA announces that the minimum random 
drug testing rate will continue to be 25 percent of covered railroad 
employees for the period January 1, 1999 through December 31, 1999, 
since the industry random positive rate for 1997 was 0.77 percent.

Administrator's Determination of 1999 Random Alcohol Testing Rate

    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 0.5 percent for two consecutive calendar years while 
testing at the 25 percent 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 0.5 percent, the rate will remain at 
25 percent.
    Although the 1996 MIS report indicated an industry-wide positive 
rate of 0.24 percent and the 1997 MIS report indicated a positive rate 
of 0.23 percent, FRA audits of railroad programs for the past two years 
revealed problems with random testing programs, particularly with the 
predictability of testing for alcohol which has caused FRA to question 
the credibility of the data. Deficiencies uncovered in these audits 
indicated almost no alcohol testing at the beginning of the duty day 
and failure to distribute testing throughout the duty day (e.g., 
testing only during a four hour period in the middle of the day or only 
on Thursdays, and/or never

[[Page 71790]]

testing at night or on weekends), thus making the timing of random 
alcohol testing too predictable. FRA has alerted railroads to the need 
to conduct random alcohol tests at all times to achieve deterrence and 
more accurately capture the prevalence of alcohol abuse throughout the 
duty period.
    Because of these systemic program deficiencies, FRA will not lower 
the minimum random alcohol testing rate further at this time. Instead, 
FRA will continue to audit industry testing programs and assist 
railroads in achieving compliance and producing credible prevalence 
data. When FRA has confidence that rail industry data is derived from 
programs fully in compliance with random testing requirements, FRA will 
reevaluate whether to lower the minimum random alcohol testing rate to 
10 percent.

    Issued in Washington, D.C. on December 22, 1998.
Donald M. Itzkoff,
Deputy Federal Railroad Administrator.
[FR Doc. 98-34390 Filed 12-29-98; 8:45 am]
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