[Federal Register Volume 73, Number 247 (Tuesday, December 23, 2008)]
[Rules and Regulations]
[Page 78656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30541]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 219

[Docket No. 2001-11213, Notice No. 12]
RIN 2130-AA81


Alcohol and Drug Testing: Determination of Minimum Random Testing 
Rates for 2009

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 2007 rail industry random testing positive 
rates were 0.56 percent for drugs and 0.18 percent for alcohol. Because 
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, 2009, through December 31, 2009, 
will remain at 25 percent of covered railroad employees. In addition, 
because the industry-wide 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, 
2009, through December 31, 2009.

DATES: This notice 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, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
(telephone 202 493-6313); or Kathy Schnakenberg, FRA Alcohol/Drug 
Program Specialist, (telephone 816 561-2714).

SUPPLEMENTARY INFORMATION:

Administrator's Determination of 2008 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, 608.
    Under this performance-based system, FRA may lower the minimum 
random drug testing rate to 25 percent of covered railroad employees 
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. If the industry-wide random drug positive rate is 1.0 
percent or higher in any subsequent calendar year, FRA will return the 
minimum random drug testing rate to 50 percent of covered railroad 
employees.
    If the industry-wide random alcohol violation rate is less than 1.0 
percent but greater than 0.5 percent, the minimum random alcohol 
testing rate will be 25 percent of covered railroad employees. FRA will 
raise the minimum random rate to 50 percent of covered railroad 
employees if the industry-wide random alcohol violation rate is 1.0 
percent or higher in any subsequent calendar year. FRA may lower the 
minimum random alcohol testing rate to 10 percent of covered railroad 
employees 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, 2009, through December 31, 2009, because the industry 
random drug testing positive rate was below 1.0 percent for the last 
two years (.056 in 2007 and .060 in 2006). The minimum random alcohol 
testing rate will remain at 10 percent of covered railroad employees 
for the period January 1, 2009, through December 31, 2009, because the 
industry-wide violation rate for alcohol has remained below 0.5 percent 
for the last two years (.018 in 2007 and .013 in 2006). Railroads 
remain free, as always, to conduct random testing at higher rates.

    Issued in Washington, DC on December 18, 2008.
Clifford C. Eby,
Administrator.
[FR Doc. E8-30541 Filed 12-22-08; 8:45 am]
BILLING CODE 4910-06-P