Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
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###### Department of Transportation

###### Pipeline and Hazardous Materials Safety Administration

          - [Docket ID PHMSA-97-2995]

# AGENCY:

Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT.

# ACTION:

Notice of minimum annual percentage rate for random drug testing.

# SUMMARY:

PHMSA has determined that the minimum random drug testing rate for covered employees will remain at 25 percent during calendar year 2009.

      ( print page 9334)    

# DATES:

Effective January 1, 2009 through December 31, 2009.

# FOR FURTHER INFORMATION CONTACT:

                        Stanley Kastanas, Director, Office of Substance Abuse Policy, Investigations and Compliance, PHMSA, U.S. Department of Transportation, telephone 202-550-0629 or e-mail                         *stanley.kastanas@dot.gov*.                    

# 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 2007, 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 2009.

In reference to the notice published in 70 FR 20800, PHMSA intends to publish an Advisory Bulletin specifying the methodology for reporting MIS contractor data to PHMSA. Therefore, operators must ensure records on contract employees continue to be maintained.

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

Issued in Washington, DC on February 23, 2009.

Alan Mayberry,

Director, Engineering and Emergency Support.

[FR Doc. E9-4485 Filed 3-2-09; 8:45 am]

BILLING CODE 4910-60-P