[Federal Register Volume 74, Number 40 (Tuesday, March 3, 2009)]
[Notices]
[Pages 9333-9334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4485]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket ID 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.

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SUMMARY: PHMSA has determined that the minimum random drug testing rate 
for covered employees will remain at 25 percent during calendar year 
2009.

[[Page 9334]]


DATES: Effective January 1, 2009 through December 31, 2009.

FOR FURTHER INFORMATION CONTACT: Stanley Kastanas, Director, Office of 
Substance Abuse Policy, Investigations and Compliance, PHMSA, U.S. 
Department of Transportation, telephone 202-550-0629 or e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: Operators of gas, hazardous liquid, and 
carbon dioxide pipelines and operators of liquefied natural gas 
facilities must select and test a percentage of covered employees for 
random drug testing. Pursuant to 49 CFR 199.105(c)(2), (3), and (4), 
the PHMSA Administrator's decision on whether to change the minimum 
annual random drug testing rate is based on the reported random drug 
test positive rate for the pipeline industry. The data considered by 
the Administrator comes from operators' annual submissions of 
Management Information System (MIS) reports required by 49 CFR 
199.119(a). If the reported random drug test positive rate is less than 
one percent, the Administrator may continue the minimum random drug 
testing rate at 25 percent. In 2007, the random drug test positive rate 
was less than one percent. Therefore, the minimum random drug testing 
rate will remain at 25 percent for calendar year 2009.
    In reference to the notice published in 70 FR 20800, PHMSA intends 
to publish an Advisory Bulletin specifying the methodology for 
reporting MIS contractor data to PHMSA. Therefore, operators must 
ensure records on contract employees continue to be maintained.

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

    Issued in Washington, DC on February 23, 2009.
Alan Mayberry,
Director, Engineering and Emergency Support.
[FR Doc. E9-4485 Filed 3-2-09; 8:45 am]
BILLING CODE 4910-60-P