[Federal Register Volume 71, Number 20 (Tuesday, January 31, 2006)]
[Notices]
[Pages 5109-5110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-859]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Prevention of Alcohol Misuse and Prohibited Drug Use in Transit 
Operations

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of random drug and alcohol testing rates.

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SUMMARY: This notice announces the random testing rates for employers 
subject to the Federal Transit Administration's (FTA) drug and alcohol 
rules.

DATES: Effective Date: January 31, 2006.

FOR FURTHER INFORMATION CONTACT: Jerry Powers, Drug and Alcohol Program 
Manager for the Office of Safety and Security, (202) 366-2896 
(telephone) and (202) 366-7951 (fax). Electronic access to this and 
other documents concerning FTA's drug and alcohol testing rules may be 
obtained through the FTA World Wide Web home page at http://www.fta.dot.gov, click on ``Safety and Security.''

SUPPLEMENTARY INFORMATION: On January 1, 1995, FTA required large 
transit employers to begin drug and alcohol testing employees 
performing safety-sensitive functions and to begin submitting annual 
reports by March 15 of each year beginning in 1996. The annual report 
includes the number of employees who had a verified positive for the 
use of prohibited drugs, and the number of employees who tested 
positive for the misuse of alcohol. Small employers commenced their 
FTA-required testing on January 1, 1996, and began reporting the same 
information as the large employers beginning March 15, 1997. The 
testing rules were updated on August 1, 2001, and established a random 
testing rate for prohibited drugs and the misuse of alcohol.
    The rules require that employers conduct random drug tests at a 
rate equivalent to at least 50 percent of their total number of safety-
sensitive employees for prohibited drug use and at least 25 percent for 
the misuse of alcohol. The rules provide that the drug random testing 
rate may be lowered to 25 percent if the ``positive rate'' for the 
entire transit industry is less than one percent for two preceding 
consecutive years. Once lowered, it may be raised to 50 percent if the 
positive rate equals or exceeds one percent for any one year 
(``positive rate'' means the number of positive results for random drug 
tests conducted under 49 CFR 655.45 plus the number of refusals of 
random tests required by 49 CFR 655.49, divided by the total number of 
random drug tests, plus the number of refusals of random tests required 
by 49 CFR part 655).
    The alcohol provisions provide that the random rate may be lowered 
to 10 percent if the ``violation rate'' for the entire transit industry 
is less than 0.5 percent for two consecutive years. It will remain at 
25 percent if the ``violation rate'' is equal to or greater than 0.5 
percent but less than one percent, and it will be raised to 50 percent 
if the ``violation rate'' is one percent or greater for any one year 
(``violation rate'' means the number of covered employees found during 
random tests given under 49 CFR 655.45 to have an alcohol concentration 
of .04 or greater, plus the number of employees who refuse a random 
test required by 49 CFR 655.49, divided by the total reported number of 
random alcohol tests plus the total number of refusals of random tests 
required by 49 CFR part 655).
    49 CFR 655.45(b) states that, ``the Administrator's decision to 
increase or decrease the minimum annual percentage rate for random drug 
and alcohol testing is based, in part, on the reported positive drug 
and alcohol violation rates for the entire industry. The information 
used for this determination is drawn from the drug and alcohol 
Management Information System (MIS) reports required by 49 CFR part 
655. In determining the reliability of the data, the Administrator 
shall consider the quality and completeness of the reported data, may 
obtain additional information or reports from employers, and make 
appropriate modifications in calculating the industry's verified 
positive results and violation rates.''
    In 2005, the FTA required a random drug testing rate of 50 percent 
of the total number of their ``safety-sensitive'' employees for 
prohibited drugs based on the ``positive rate'' for random drug test 
data from 2002 and 2003. FTA has received and analyzed the latest 
available data (CY2004) from a representative sample of transit 
employers. Based on the data, the random drug rate was lower than 1.0 
percent for the two preceding consecutive years (0.96 percent for 2003 
and 0.89 percent for 2004). However,

[[Page 5110]]

based on additional information noted herein, the Administrator has 
determined that the random drug testing rate shall remain at 50 percent 
for 2006.
    The Department has noted the proliferation of products to defraud 
the USDOT urine screens. Congressional hearings on these products and 
the GAO Report of 17 May 2005 are indicative of the potential adverse 
impact these products marketed as adulterate specimens may have on 
reported random rates and the reliability of those results.
    The Secretary of Transportation's Office of Drug &Alcohol Policy & 
Compliance (ODAPC) has proposed to amend 49 CFR part 40 to require 
specimen validity tests for all urine specimens collected pursuant to 
part 40. The Department proposes that each DOT specimen be tested for 
products that can be used to adulterate and substitute a urine specimen 
(70 FR 209 October 31, 2005). The Department would require each HHS-
certified laboratory to conduct specimen validity testing. This will 
have the effect of identifying more adulterated and substituted urine 
specimens and enhance the reliability of test results. The Department 
believes the safety concerns associated with random testing warrant a 
one year delay in order to analyze reported random rates after SVT 
testing has been implemented.
    In 2005, the FTA retained the random alcohol testing rate of 10 
percent (reduced previously from 25 percent) based on the ``positive 
rate'' for random alcohol test data from 2003 and 2004. Because the 
random alcohol violation rate was again lower than 0.5 percent for the 
two preceding consecutive years (0.20 percent for 2003 and 0.11 percent 
for 2004), the random alcohol testing rate will remain at 10 percent 
for 2006.
    FTA detailed reports on the drug and alcohol testing data collected 
from transit employers may be obtained from the Office of Safety and 
Security, Federal Transit Administration, 400 Seventh Street, SW., Room 
9301, Washington, DC 20590, (202) 366-2896 or at http://transit-safety.volpe.dog.gov/Publications.

    Issued on: January 24, 2006.
Sandra K. Bushue,
Deputy Administrator.
[FR Doc. 06-859 Filed 1-30-06; 8:45 am]
BILLING CODE 4910-57-M