Federal Register / Vol. 72, No. 10 / Wednesday, January 17, 2007 / Rules and Regulations 1945 

Summary of This Action 

All sources subject to the 

requirements of 40 CFR parts 60, 61, 

and 63 are also subject to the equivalent 

requirements of the above-mentioned 

state or local agencies. 

This notice informs the public of 

delegations to the above-mentioned 

agencies of the above-referenced Federal 

regulations. 

Authority: This notice is issued under the 

authority of sections 101, 110, 112, and 301 

of the CAA, as amended (42 U.S.C. 7401, 

7410, 7412, and 7601). 

Dated: January 6, 2007. 

John B. Askew, 

Regional Administrator, Region 7. 

[FR Doc. E7–527 Filed 1–16–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 219 

[Docket No. 2001–11213, Notice No. 10] 

RIN 2130–AA81 

Alcohol and Drug Testing: 

Determination of Minimum Random 

Testing Rates for 2007 

AGENCY: Federal Railroad 

Administration (FRA), DOT. 

ACTION: Notice of determination. 

SUMMARY: Using data from Management 

Information System annual reports, FRA 

has determined that the 2005 rail 

industry random testing positive rates 

were 0.73 percent for drugs and 0.17 

percent for alcohol. Because the 

industry-wide random drug testing 

positive rate has remained below 1.0 

percent for the last two years, the 

Federal Railroad Administrator 

(Administrator) has determined that the 

minimum annual random drug testing 

rate for the period January 1, 2007, 

through December 31, 2007, 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, 2007, through December 31, 

2007. 

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 (telephone 

202 493–6313); or Kathy Schnakenberg, 

FRA Alcohol/Drug Program Specialist 

(telephone 816 561–2714). 

SUPPLEMENTARY INFORMATION: 

Administrator’s Determination of 2007 

Minimum 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 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 industrywide 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, FRA announces that the 

minimum random drug testing rate will 

remain at 25 percent of covered railroad 

employees for the period January 1, 

2007, through December 31, 2007, 

because the industry random drug 

testing positive rate was below 1.0 

percent for the last two years (.073 in 

2005 and .094 in 2004). The minimum 

random alcohol testing rate will remain 

at 10 percent of covered railroad 

employees for the period January 1, 

2007, through December 31, 2007, 

because the industry-wide violation rate 

for alcohol has remained below 0.5 

percent for the last two years (.017 in 

2005 and .018 in 2004). Railroads 

remain free, as always, to conduct 

random testing at higher rates. 

Issued in Washington, DC on January 9, 

2007. 

Joseph H. Boardman, 

Administrator. 

[FR Doc. E7–470 Filed 1–16–07; 8:45 am] 

BILLING CODE 4910–06–P 

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