[Federal Register Volume 67, Number 237 (Tuesday, December 10, 2002)]
[Proposed Rules]
[Page 75966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30528]



[[Page 75965]]

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Part IV





Department of Transportation





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Federal Railroad Administration



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49 CFR Part 219



Control of Alcohol and Drug Use: Notice Inviting Comment on July 2002 
Canadian Human Rights Commission Policy on Alcohol and Drug Testing; 
Proposed Rule

  Federal Register / Vol. 67, No. 237 / Tuesday, December 10, 2002 / 
Proposed Rules  

[[Page 75966]]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 219

[Docket No. FRA 2001-11068, Notice No. 3]
RIN 2130-AB39


Control of Alcohol and Drug Use: Notice Inviting Comment on July 
2002 Canadian Human Rights Commission Policy on Alcohol and Drug 
Testing

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Proposed rule; extension of comment period until further 
notice.

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SUMMARY: In general, FRA's regulation on the control of alcohol and 
drug use currently applies to all railroads that operate on the general 
railroad system of transportation in the United States. In a December 
11, 2001, notice of proposed rulemaking (NPRM), FRA proposed to amend 
the regulation to narrow the scope of its current exemption of certain 
operations by foreign railroads and small railroads from full 
application of FRA's requirements. Under the NPRM, an employee of a 
foreign railroad (a railroad incorporated outside the United States) 
whose primary reporting point is outside the United States (a foreign 
railroad foreign-based or ``FRFB employee''), who performs train or 
dispatching service in the United States covered by hours of service 
laws would no longer be exempt from the pre-employment drug testing, 
random alcohol and drug testing, and employee assistance program 
requirements of part 219. FRA held a public hearing on February 14, 
2002, and extended the comment period until March 14 to allow 
interested parties time to supplement the record. (FRFB signal service 
employees, who are few in number, would continue to be exempt from pre-
employment testing, random testing, and employee assistance program 
requirements.) Elsewhere in today's Federal Register, FRA is publishing 
a Final Rule that, with some amendments, continues in effect an Interim 
Final Rule requiring all dispatching of railroad operations that occur 
in the United States to be performed in the United States, with some 
limited exceptions.
    On July 10, 2002, the Canadian Human Rights Commission Policy on 
Alcohol and Drug Testing (Policy) was published. (A copy of the Policy 
has been placed in the docket of this rulemaking). In accordance with 
the North American Free Trade Agreement (NAFTA), FRA is seeking the 
least-trade-impact solution in furtherance of its national rail safety 
goals. As part of this process, FRA invites comment on the Policy, 
which was issued almost four months after the public comment period on 
the NPRM closed. FRA will keep the comment period open until further 
notice while it engages in further consultations with the Governments 
of Canada and Mexico on the safety issues involved in the NPRM.

ADDRESSES: Anyone wishing to file a comment should refer to the FRA 
docket and notice numbers (FRA Docket No. FRA 2001-11068, Notice No. 
3). You may submit your comments and related material by only one of 
the following methods:
    By mail to the Docket Management System, U.S. Department of 
Transportation, room PL-401, 400 7th Street, SW., Washington, DC 20590-
0001; or
    Electronically through the Web site for the Docket Management 
System at http://dms.dot.gov. For instructions on how to submit 
comments electronically, visit the Docket Management System Web site 
and click on the ``Help'' menu.
    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments, and documents as indicated in this preamble, will 
become part of this docket and will be available for inspection or 
copying at room PL-401 on the plaza level of the Nassif Building at the 
same address during regular business hours. You may also obtain access 
to this docket on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For technical issues, Lamar Allen, 
Alcohol and Drug Program Manager, FRA Office of Safety, RRS-11, 1120 
Vermont Avenue, NW., Mail Stop 25, Washington, DC 20590 (telephone 202-
493-6313). For legal issues, Patricia V. Sun, Trial Attorney, Office of 
the Chief Counsel, RCC-11, 1120 Vermont Avenue, NW., Mail Stop 10, 
Washington, DC 20590 (telephone 202-493-6038).

SUPPLEMENTARY INFORMATION: As briefly summarized above, on December 11, 
2001 (66 FR 64000), FRA proposed to amend its regulation on the control 
of alcohol and drug use (49 CFR part 219) to narrow the scope of 
exemptions for FRFB employees and for small railroads. The most 
controversial part of the NPRM was its proposal to make FRFB employees 
who perform train or dispatching service in the United States subject 
to part 219's random alcohol and drug testing requirements. The Embassy 
of Canada has filed a letter that questioned the need for the NPRM, and 
requested that FRA withdraw the NPRM, and work with Transport Canada to 
establish a Canada-United States rail safety working group that would 
explore areas of bilateral cooperation and exchange information on each 
country's respective regulations, laws and statistics.
    FRA is unwilling to withdraw the NPRM, as requested by the Embassy 
of Canada, but is willing to extend the comment period until further 
notice to allow for further consultations between FRA and the 
Governments of Canada and Mexico on the safety issues involved in the 
rulemaking. FRA will be contacting the Governments of Canada and Mexico 
to set up these consultations. FRA will provide interested parties an 
opportunity to comment on the results of the consultations before FRA 
makes a final decision on the rulemaking. In light of the major Alcohol 
and Drug Testing Policy issued by the Canadian Human Rights Commission 
last month, a copy of which has been placed in the docket, FRA invites 
additional public comment on the Policy's impact on the legal 
requirements for workplace alcohol and drug testing in Canada.

    Issued in Washington, DC, on November 26, 2002.
Allan Rutter,
Federal Railroad Administrator.
[FR Doc. 02-30528 Filed 12-9-02; 8:45 am]
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