[Federal Register Volume 71, Number 33 (Friday, February 17, 2006)]
[Notices]
[Pages 8639-8640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2373]


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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No.: PHMSA-97-2995]


Pipeline Safety: Random Drug Testing Rate

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

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

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

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 PHMSA 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, PHMSA has 
determined that the positive rate of random drug tests reported by 
operators this calendar year for testing done in calendar year 2005 is 
less than 1.0 percent. Therefore, in calendar year 2006, the minimum 
annual percentage rate for random drug testing is 25 percent of covered 
employees.

DATES: Effective January 1, 2006, through December 31, 2006.

FOR FURTHER INFORMATION CONTACT: Stanley Kastanas, PHMSA, Room 2103, 
U.S. Department of Transportation, 400 Seventh Street, SW., Washington, 
DC 20590, telephone (202) 366-3844 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, PHMSA may lower the rate to 25 percent if 
PHMSA 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, 
PHMSA will increase the rate to 50 percent if PHMSA 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

[[Page 8640]]

tests * * * plus the number of refusals of random drug 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, PHMSA lowered the minimum rate from 50 percent to 
25 percent for calendar year 1997 (61 FR 60206). The minimum rate 
remained at 25 percent in calendar years 1998 (62 FR 59297); 1999 (63 
FR 58324); 2000 (64 FR 66788); 2001 (65 FR 81409); 2002 (67 FR 2611); 
2003 (67 FR 78388); 2004 (68 FR 69046); and 2005 (70 FR 50).
    Using the MIS reports received for drug testing done in calendar 
year 2005, PHMSA calculated the positive rate of random testing 
continues to be less than 1.0 percent. PHMSA is announcing that the 
minimum annual percentage rate for random drug testing is 25 percent of 
covered employees for January 1, 2006 through December 31, 2006.

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


    Issued in Washington, DC on February 14, 2006.
Stacey L. Gerard,
Associate Administrator for Pipeline Safety.
 [FR Doc. E6-2373 Filed 2-16-06; 8:45 am]
BILLING CODE 4910-60-P