[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Notices]
[Pages 35771-35772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12121]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) has received a request for a waiver of compliance with certain 
requirements of its safety standards. The individual petition is 
described below, including the party seeking relief, the regulatory 
provisions involved, the nature of the relief being requested, and the 
petitioner's arguments in favor of relief.

[[Page 35772]]

Union Pacific Railroad

(Docket Number FRA-2005-21241)

    The Union Pacific Railroad (UP) seeks a permanent waiver of 
compliance from Control of Alcohol and Drug Use, 49 CFR 
219.601(b)(1)(2), which requires every covered employee subject to 
random testing to have ``a substantially equal statistical chance of 
being selected within a specified time frame.'' At UP's current random 
testing rate of 50 percent, the drug and alcohol positive rates for 
each of its 25 testing pools range from 2.9 percent to 0.0 percent. UP 
seeks permission to increase or decrease the random testing rate for 
each employee testing pool in accordance with that pool's previous 
positive rate to allow it to devote testing resources to where they are 
most needed. In no case would UP establish a pool's random testing rate 
below FRA's minimum annual testing rates, which for 2005, are 25 
percent for drugs and 10 percent for alcohol.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings since 
the facts do not appear to warrant a hearing. If any interested party 
desires an opportunity for oral comment, they should notify FRA, in 
writing, before the end of the comment period and specify the basis for 
their request.
    All communications concerning these proceedings should identify the 
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2005-21241) and must be submitted to the Docket Clerk, DOT Central 
Docket Management Facility, Room PL-401, Washington, DC 20590-0001. 
Communications received within 30 days of the date of this notice will 
be considered by FRA before final action is taken. Comments received 
after that date will be considered as far as practicable. All written 
communications concerning these proceedings are available for 
examination during regular business hours (9 a.m.-5 p.m.) at the above 
facility. All documents in the public docket are also available for 
inspection and copying on the Internet at the docket facility's Web 
site at http://dms.dot.gov.
    FRA wishes to inform all potential commenters that anyone is able 
to search the electronic form of all comments received into any of our 
dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review DOT's complete Privacy Act 
Statement in the Federal Register published on April 11, 2000 (Volume 
65, Number 70; Pages 19477-78) or you may visit http://dms.dot.gov.

    Issued in Washington, DC, on June 13, 2005.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 05-12121 Filed 6-20-05; 8:45 am]
BILLING CODE 4910-06-P