Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Rules and Regulations 72133

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance’’)

Dated: December 7, 2004. 

David I. Maurstad, 

Acting Director, Mitigation Division, 

Emergency Preparedness and Response 

Directorate.

[FR Doc. 04–27248 Filed 12–10–04; 8:45 am] 

BILLING CODE 9110–12–P

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.

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 industrywide 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