[Federal Register Volume 75, Number 243 (Monday, December 20, 2010)]
[Rules and Regulations]
[Pages 79308-79309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31805]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 219

[Docket No. 2001-11213, Notice No. 14]


Alcohol and Drug Testing: Determination of Minimum Random Testing 
Rates for 2011

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 2009 rail industry random testing positive 
rates were .037 percent for drugs and .014 percent for alcohol. Because 
the industry-wide random drug testing positive rate has remained below 
1.0 percent for the last two years of data, the Federal Railroad 
Administrator (Administrator) has determined that the minimum annual 
random drug testing rate for the period January 1, 2011, through 
December 31, 2011, 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, 2011, through December 31, 2011.

DATES: This notice of determination is effective December 20, 2010.

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 2011 Minimum Random Drug and Alcohol 
Testing Rates

    In a final rule published on December 2, 1994 (59 FR 62218), FRA 
announced

[[Page 79309]]

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 of determination 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 of determination, FRA announces that the minimum 
random drug testing rate will remain at 25 percent of covered railroad 
employees for the period January 1, 2011, through December 31, 2011, 
because the industry random drug testing positive rate was below 1.0 
percent for the last two years (.046 in 2008 and .037 in 2009). The 
minimum random alcohol testing rate will remain at 10 percent of 
covered railroad employees for the period January 1, 2011, through 
December 31, 2011, because the industry-wide violation rate for alcohol 
has remained below 0.5 percent for the last two years (.015 in 2008 and 
.014 in 2009). Railroads remain free, as always, to conduct random 
testing at higher rates.

    Issued in Washington, DC, on December 13, 2010.
Joseph C. Szabo,
Administrator.
[FR Doc. 2010-31805 Filed 12-17-10; 8:45 am]
BILLING CODE 4910-06-P