[Federal Register Volume 69, Number 238 (Monday, December 13, 2004)]
[Rules and Regulations]
[Page 72133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27214]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 219

[Docket No. 2001-11213, Notice No. 4]
RIN 2130-AA81


Alcohol and Drug Testing: Determination of Minimum Random Testing 
Rates for 2005

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 2003 rail industry random testing positive 
rate was 0.93 percent for drugs and 0.18 percent for alcohol. Since the 
industry-wide random drug testing positive rate continues to be below 
1.0 percent, the Federal Railroad Administrator (Administrator) has 
determined that the minimum annual random drug testing rate for the 
period January 1, 2005 through December 31, 2005 will remain at 25 
percent of covered railroad employees. Since the 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, 2005 through December 31, 2005.

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, 1120 Vermont Avenue, NW., Washington, DC 20005, (202) 
493-6313); or Kathy Schnakenberg, FRA Alcohol/Drug Program Specialist, 
(816) 561-2714.

SUPPLEMENTARY INFORMATION:

Administrator's Determination of 2005 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 whenever the industry-wide 
random drug positive rate is less than 1.0 percent for two calendar 
years while testing at 50 percent. (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). FRA will return the rate 
to 50 percent if the industry-wide random drug positive rate is 1.0 
percent or higher in any subsequent calendar year.
    FRA implemented a parallel performance-based system for random 
alcohol testing. Under this system, if the industry-wide violation rate 
is less than 1.0 percent but greater than 0.5 percent, the rate will be 
25 percent. FRA will raise the rate to 50 percent if the industry-wide 
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 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, 2005 through December 31, 2005, since the industry 
random drug testing positive rate for 2003 was 0.93 percent. Since the 
industry-wide violation rate for alcohol has remained below 0.5 percent 
for the last two years, FRA is maintaining the minimum random alcohol 
testing rate at 10 percent of covered railroad employees for the period 
January 1, 2005 through December 31, 2005. Railroads remain free, as 
always, to conduct random testing at higher rates.

    Issued in Washington, DC on December 2, 2004.
Betty Monro,
Acting Administrator.
[FR Doc. 04-27214 Filed 12-10-04; 8:45 am]
BILLING CODE 4910-06-P