[Federal Register Volume 75, Number 38 (Friday, February 26, 2010)]
[Notices]
[Pages 9018-9019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3966]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket ID PHMSA-2010-0034]


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 
2010.

DATES: Effective January 1, 2010 through December 31, 2010.

FOR FURTHER INFORMATION CONTACT: Stanley Kastanas, Program Manager, 
Substance Abuse Prevention Program, PHMSA, U.S. Department of 
Transportation, telephone 202-550-0629 or e-mail 
<a href="/cdn-cgi/l/email-protection#acdfd8cdc2c0c9d582c7cddfd8cdc2cddfecc8c3d882cbc3da"><span class="__cf_email__" data-cfemail="e7949386898b829ec98c86949386898694a7838893c9808891">[email protected]</span></a>.

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 2008, 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 2010.

[[Page 9019]]

    On January 19, 2010, PHMSA published an Advisory Bulletin (75 FR 
2926) implementing the annual collection of contractor MIS drug and 
alcohol testing data. All applicable Sec.  199.119 (drug testing) and 
Sec.  199.229 (alcohol testing) MIS reporting operators are responsible 
for the submission of all contractor MIS reports to PHMSA, as well as 
their own, by March 15, 2010. Contractors with employees in safety-
sensitive positions who performed, as defined in Sec.  199.3 of 49 CFR 
Part 199, covered functions, must submit these reports only through the 
auspices of each operator for whom these covered employees performed 
those covered functions (i.e., maintenance, operations or emergency-
response).

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

    Issued in Washington, DC, on February 19, 2010.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. 2010-3966 Filed 2-25-10; 8:45 am]
BILLING CODE 4910-60-P


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