[Federal Register Volume 68, Number 1 (Thursday, January 2, 2003)]
[Rules and Regulations]
[Page 57]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-33108]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 219

[Docket No. 2001-11213, Notice No. 2]
RIN 2130-AA81


Alcohol and Drug Testing: Determination of Minimum Random Testing 
Rates for 2003

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Notice of determination.

-----------------------------------------------------------------------

SUMMARY: Using data from Management Information System annual reports, 
FRA has determined that the 2001 rail industry random testing positive 
rate was 0.77 percent for drugs and 0.21 percent for alcohol. Since the 
industry-wide random drug testing 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, 2003 through December 31, 2003 will remain at 25 
percent of covered railroad employees. Since the random alcohol testing 
violation rate has remained below 0.5 percent for the last two years, 
the Administrator has determined that the minimum random alcohol 
testing rate will remain at 10 percent of covered railroad employees 
for the period January 1, 2003 through December 31, 2003.

DATES: This notice of determination is effective upon publication.

FOR FURTHER INFORMATION CONTACT: Lamar Allen, Alcohol and Drug Program 
Manager, Office of Safety Enforcement, Mail Stop 25, Federal Railroad 
Administration, 1120 Vermont Avenue, NW., Washington, DC 20005, 
(Telephone: (202) 493-6313).

SUPPLEMENTARY INFORMATION:

Administrator's Determination of 2003 Random Drug and Alcohol Testing 
Rates

    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 positive rate, 
which is determined using annual railroad drug and alcohol 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 drug and alcohol testing rates for the following 
year (see 49 CFR 219.602, 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 drugs and alcohol, 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 testing positive rate below 1.0 percent; since then FRA has 
continued to set the minimum random drug testing rate at 25 percent as 
the industry positive rate has consistently remained below 1.0 percent. 
In this notice, FRA announces that the minimum random drug testing rate 
will remain at 25 percent of covered railroad employees for the period 
January 1, 2003 through December 31, 2003, since the industry random 
drug testing positive rate for 2001 was 0.77 percent.
    FRA implemented a parallel performance-based system for random 
alcohol testing. Under this system, if the industry-wide violation rate 
is less than 1.0 percent but greater than 0.5 percent, the rate will be 
25 percent. 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. 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 calendar years while testing at a higher rate. Since 
the industry-wide violation rate for alcohol has remained below 0.5 
percent for the last two years, FRA is maintaining the minimum random 
alcohol testing rate at 10 percent of covered railroad employees for 
the period January 1, 2003 through December 31, 2003.
    This notice sets the minimum random testing rates required next 
year. Railroads remain free, as always, to conduct random testing at 
higher rates.

    Issued in Washington, DC, on December 20, 2002.
Alan Rutter,
Administrator.
[FR Doc. 02-33108 Filed 12-31-02; 8:45 am]
BILLING CODE 4910-06-P