[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Rules and Regulations]
[Page 94270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31009]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 219

[Docket No. FRA-2001-11213, Notice No. 21]


Drug and Alcohol Testing: Determination of Minimum Random Testing 
Rates for 2017

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice of determination.

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SUMMARY: This notice of determination provides the FRA Administrator's 
minimum annual random drug and alcohol testing rates for calendar year 
2017.

DATES: Effective December 23, 2016.

FOR FURTHER INFORMATION CONTACT: Jerry Powers, FRA Drug and Alcohol 
Program Manager, W33-310, Federal Railroad Administration, 1200 New 
Jersey Avenue SE., Washington, DC 20590 (telephone 202-493-6313); or 
Sam Noe, FRA Drug and Alcohol Program Specialist (telephone 615-719-
2951).

SUPPLEMENTARY INFORMATION: For the next calendar year, FRA determines 
the minimum annual random drug testing rate and the minimum annual 
random alcohol testing rate for railroad employees covered by hours of 
service laws and regulations (covered service employees) based on the 
railroad industry data available for the two previous calendar years 
(for this Notice, calendar years 2014 and 2015). Railroad industry data 
submitted to FRA's Management Information System (MIS) shows the rail 
industry's random drug testing positive rate for covered service 
employees has continued to be below 1.0 percent for the applicable two 
calendar years. FRA's Administrator has therefore determined the 
minimum annual random drug testing rate for the period January 1, 2017, 
through December 31, 2017, will remain at 25 percent of covered service 
employees under Sec.  219.602 of FRA's drug and alcohol rule (49 CFR 
part 219). In addition, because the industry-wide random alcohol 
testing violation rate for covered service employees has continued to 
be below 0.5 percent for the applicable two calendar years, the 
Administrator has determined the minimum random alcohol testing rate 
will remain at 10 percent of covered service employees for the period 
January 1, 2017, through December 31, 2017, under Sec.  219.608. 
Because these rates represent minimums, railroads may conduct FRA 
random testing at higher rates.
    In a June 10, 2016, final rule, FRA expanded the scope of part 219 
to cover maintenance-of-way (MOW) employees (81 FR 37894). MOW 
employees will become subject to FRA random drug and alcohol testing on 
June 12, 2017, when the final rule takes effect. In 1994, when FRA, in 
concert with the other DOT modes, established a drug MIS system (58 FR 
68232, December 23, 1993), FRA set its initial minimum random drug 
testing rate at 50 percent for covered employees because of the lack of 
data to gauge the extent of the drug abuse problem at that time. FRA 
set its minimum random alcohol testing rate for covered employees at 25 
percent for the same reason. As its MIS data continued to show 
consistently low industry-wide drug and alcohol positive rates among 
covered employees, FRA lowered its minimum annual random drug and 
alcohol testing rates to their current respective rates of 25 and 10 
percent.
    Similarly, because FRA has no MIS data for MOW employees yet, the 
Administrator has determined that for the period June 12, 2017, through 
December 31, 2017, the minimum annual random drug testing rate will be 
set at 50 percent of MOW employees, and the minimum annual random 
alcohol testing rate will be set at 25 percent of MOW employees. As 
with covered employees, because these rates represent minimums, 
railroads may conduct FRA random testing of MOW employees at higher 
rates.

    Issued in Washington, DC, on December 20, 2016.
Sarah E. Feinberg,
Administrator.
[FR Doc. 2016-31009 Filed 12-22-16; 8:45 am]
 BILLING CODE 4910-06-P