[Federal Register Volume 71, Number 6 (Tuesday, January 10, 2006)]
[Rules and Regulations]
[Pages 1498-1499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-125]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 219

[Docket No. 2001-11213, Notice No. 9]
RIN 2130-AA81


Alcohol and Drug Testing: Determination of Minimum Random Testing 
Rates for 2006

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Notice of determination.

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SUMMARY: Using data from Management Information System annual reports, 
FRA has determined that the 2004 rail industry random testing positive 
rate was 0.94 percent for drugs and 0.18 percent for alcohol. Since the 
industry-wide random drug testing positive rate has remained below 1.0 
percent for the last two years, the Federal Railroad Administrator 
(Administrator) has determined that the minimum annual random drug 
testing rate for the period January 1, 2006, through December 31, 2006, 
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, 2006, through 
December 31, 2006.

DATES: This document 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, (202) 
493-6313; or Kathy Schnakenberg, FRA Alcohol/Drug Program Specialist, 
(816) 561-2714.

SUPPLEMENTARY INFORMATION: 

[[Page 1499]]

Administrator's Determination of 2006 Minimum 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, 219.608).
    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 a 50 percent minimum 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, 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.
    For random alcohol testing, if the industry-wide violation rate is 
less than 1.0 percent but greater than 0.5 percent, the minimum random 
alcohol testing 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 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.
    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, 2006, through December 31, 2006, because the industry 
random drug testing positive rate was below 1.0 percent for the last 
two years (.094 in 2004 and .093 in 2003). The minimum random alcohol 
testing rate will remain at 10 percent of covered railroad employees 
for the period January 1, 2006, through December 31, 2006, because the 
industry-wide violation rate for alcohol has remained below 0.5 percent 
for the last two years (.018 in 2003 and 2004). Railroads remain free, 
as always, to conduct random testing at higher rates.

    Issued in Washington, DC on December 30, 2005.
Joseph H. Boardman,
Administrator.
 [FR Doc. E6-125 Filed 1-9-06; 8:45 am]
BILLING CODE 4910-06-P