[Federal Register Volume 70, Number 1 (Monday, January 3, 2005)]
[Rules and Regulations]
[Page 50]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28679]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 199

[Docket RSPA-97-2995; Notice 12]


Pipeline Safety: Random Drug Testing Rate

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Notice of minimum annual percentage rate for random drug 
testing.

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SUMMARY: Each year pipeline operators randomly select employees to test 
for prohibited drugs. The number of selections may not be less than the 
minimum annual percentage rate the Research and Special Programs 
Administration's (RSPA) Office of Pipeline Safety (OPS) determines, 
either 50 percent or 25 percent of covered employees, based on the 
industry's positive rate of random tests. In accordance with applicable 
standards, RSPA/OPS has determined that the positive rate of random 
drug tests reported by operators this calendar year for testing done in 
calendar year 2003 is less than 1.0 percent. Therefore, in calendar 
year 2005, the minimum annual percentage rate for random drug testing 
is 25 percent of covered employees.

DATES: Effective January 1, 2005, through December 31, 2005.

FOR FURTHER INFORMATION CONTACT: Sheila Wright, RSPA, OPS, Room 2103, 
U.S. Department of Transportation, 400 Seventh Street, SW., Washington, 
DC 20590, telephone (202) 366-4554 or e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: Operators of gas, hazardous liquid, and 
carbon dioxide pipelines and operators of liquefied natural gas 
facilities must annually submit Management Information System (MIS) 
reports of drug testing done in the previous calendar year (49 CFR 
199.119(a)). One of the uses of this information is to calculate the 
minimum annual percentage rate at which operators must randomly select 
covered employees for drug testing during the next calendar year (49 
CFR 199.105(c)(2)). If the minimum annual percentage rate for random 
drug testing is 50 percent, RSPA/OPS may lower the rate to 25 percent 
if RSPA/OPS determines that the positive rate reported for random tests 
for two consecutive calendar years is less than 1.0 percent (49 CFR 
199.105(c)(3)). If the minimum annual percentage rate is 25 percent, 
RSPA/OPS will increase the rate to 50 percent if RSPA/OPS determines 
that the positive rate reported for random tests for any calendar year 
is equal to or greater than 1.0 percent (49 CFR 199.105(c)(4)). Part 
199 defines ``positive rate'' as ``the number of positive results for 
random drug tests * * * plus the number of refusals of random tests * * 
*, divided by the total number of random drug tests * * * plus the 
number of refusals of random tests. * * *''
    Through calendar year 1996, the minimum annual percentage rate for 
random drug testing in the pipeline industry was 50 percent of covered 
employees. Based on MIS reports of random testing done in calendar 
years 1994 and 1995, RSPA/OPS lowered the minimum rate from 50 percent 
to 25 percent for calendar year 1997 (61 FR 60206; November 27, 1996). 
The minimum rate remained at 25 percent in calendar years 1998 (62 FR 
59297; Nov. 3, 1997); 1999 (63 FR 58324; Oct. 30, 1998); 2000 (64 FR 
66788; Nov. 30, 1999); 2001 (65 FR 81409; Dec. 26, 2000); 2002 (67 FR 
2611; Jan. 18, 2002); 2003 (67 FR 78388; Dec. 24, 2002); and 2004 (68 
FR 69046; Dec. 11, 2003).
    Using the MIS reports received this year for drug testing done in 
calendar year 2003, RSPA/OPS calculated the positive rate of random 
testing to be 0.83 percent. Since the positive rate continues to be 
less than 1.0 percent, RSPA/OPS is announcing that the minimum annual 
percentage rate for random drug testing is 25 percent of covered 
employees for the period January 1, 2005 through December 31, 2005.

    Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60117, and 
60118; 49 CFR 1.53.

    Issued in Washington, DC on December 22, 2004.
Stacey L. Gerard,
Associate Administrator for Pipeline Safety.
[FR Doc. 04-28679 Filed 12-30-04; 8:45 am]
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