[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Notices]
[Page 88702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28264]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2001-11213, Notice No. 28]


Drug and Alcohol Testing: Determination of Minimum Random Testing 
Rates for 2024

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notification of determination.

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SUMMARY: This notification of determination announces FRA's minimum 
annual random drug and minimum annual random alcohol testing rates for 
covered service, maintenance-of-way (MOW), and mechanical (MECH) 
employees for calendar year 2024.

DATES: This determination takes effect December 22, 2023.

FOR FURTHER INFORMATION CONTACT: Gerald Powers, FRA Drug and Alcohol 
Program Manager, by email: <a href="/cdn-cgi/l/email-protection#2a4d4f584b464e045a455d4f58596a4e455e044d455c"><span class="__cf_email__" data-cfemail="3e595b4c5f525a104e51495b4c4d7e5a514a10595148">[email protected]</span></a> or by telephone: 202-
493-6313; or Melissa Van Dermeir, FRA Drug and Alcohol Program 
Specialist, by email: <a href="/cdn-cgi/l/email-protection#3f525a53564c4c5e11495e515b5a4d525a564d7f5b504b11585049"><span class="__cf_email__" data-cfemail="b3ded6dfdac0c0d29dc5d2ddd7d6c1ded6dac1f3d7dcc79dd4dcc5">[email protected]</span></a> or by telephone: 312-
720-9491.

SUPPLEMENTARY INFORMATION: Each year, FRA sets its minimum annual 
random testing rates after considering the last two complete calendar 
years of railroad industry drug and alcohol program data submitted to 
DOT's Management Information System (MIS) for DOT drug and alcohol 
testing results. FRA, however, reserves the right to consider factors 
in addition to MIS-reported data before deciding whether to lower 
annual minimum random testing rates. See 85 FR 81265 (Dec. 15, 2020).
    To summarize, FRA is announcing that its minimum annual random drug 
and alcohol testing rates for the period between January 1, 2024, 
through December 31, 3024 (Calendar Year 2024) will continue to be as 
follows:
    Covered service employees--25 percent for drugs and 10 percent for 
alcohol.
    MOW employees--25 percent for drugs and 10 percent for alcohol.
    MECH employees--50 percent for drugs and 25 percent for alcohol.
    These rates are minimums, and railroads and railroad contractors 
may conduct random testing at higher rates than those required by this 
notification of determination.

Discussion

Random Testing Rates for Covered Service Employees

    The rail industry's random drug testing positive rate for covered 
service employees remained below 1.0 percent for 2021 and 2022. The 
Administrator has therefore determined the minimum annual random drug 
testing rate for covered service employees will remain at 25 percent 
for Calendar Year 2024. The industry-wide random alcohol testing 
violation rate for covered service employees remained below .5 percent 
for 2021 and 2022. The Administrator has therefore determined the 
minimum random alcohol testing rate for covered service employees will 
remain at 10 percent for Calendar Year 2024.

Random Testing Rates for MOW Employees

    The rail industry's random drug testing positive rate for MOW 
employees remained below 1.0 percent for 2021 and 2022. The 
Administrator has therefore determined the minimum annual random drug 
testing rate for MOW employees will remain at 25 percent for calendar 
year 2024. The industry-wide random alcohol testing violation rate for 
MOW employees remained below 0.5 percent for 2021 and 2022. The 
Administrator has therefore determined the minimum random alcohol 
testing rate for MOW employees will remain at 10 percent for Calendar 
Year 2024.

Random Testing Rates for MECH Employees

    FRA does not have the two full years of MIS data required to adjust 
the random testing rates for MECH employees, because those employees 
became subject to FRA random drug and alcohol testing in March 2022. 
See 87 FR 5719, February 2, 2022. The Administrator has therefore 
determined that the minimum random testing rates for MECH employees 
will remain at 50 percent for drugs and 25 percent for alcohol for 
Calendar Year 2024.

    Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2023-28264 Filed 12-21-23; 8:45 am]
BILLING CODE 4910-06-P


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