Alcohol and Drug Testing: Determination of Minimum Random Testing Rates for 2008, 74193 [E7-25353]

Download as PDF Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Rules and Regulations Par. 2. Section 301.6103(j)(1)–1T is amended by revising paragraphs (a), (b), and (e) and removing paragraph (f) to read as follows: I § 301.6103(j)(1)–1T Disclosure of return information reflected on returns to officers and employees of the Department of Commerce for certain statistical purposes and related activities (temporary). (a) through (b)(3)(xxiv) [Reserved]. For further guidance, see § 301.6103(j)(1)– 1(a) and (b)(1) through (b)(3)(xxiv). (xxv) From Form 6765 (when filed with corporation income tax returns)— total qualified research expenses. * * * * * (e) Effective/applicability date. This section is applicable to disclosures to the Bureau of Economic Analysis on or after July 6, 2006. The amendment to paragraph (b)(3)(xxv) of this section is applicable to disclosures to the Bureau of the Census on or after December 31, 2007. The applicability of the amendment to paragraph (b)(3)(xxv) expires on or before December 28, 2010. Linda E. Stiff, Deputy Commissioner for Services and Enforcement. Approved: December 18, 2007. Eric Solomon, Assistant Secretary of the Treasury (Tax Policy). [FR Doc. E7–25129 Filed 12–28–07; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Part 219 [Docket No. 2001–11213, Notice No. 11] RIN 2130–AA81 Alcohol and Drug Testing: Determination of Minimum Random Testing Rates for 2008 Federal Railroad Administration (FRA), DOT. ACTION: Notice of Determination. mstockstill on PROD1PC66 with RULES AGENCY: SUMMARY: Using data from Management Information System annual reports, FRA has determined that the 2006 rail industry random testing positive rates were 0.60 percent for drugs and 0.13 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, 2008, through December 31, 2008, will remain VerDate Aug<31>2005 17:51 Dec 28, 2007 Jkt 214001 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, 2008, through December 31, 2008. 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, 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 2008 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 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 74193 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, 2008, through December 31, 2008, because the industry random drug testing positive rate was below 1.0 percent for the last two years (.060 in 2006 and .073 in 2005). The minimum random alcohol testing rate will remain at 10 percent of covered railroad employees for the period January 1, 2008, through December 31, 2008, because the industry-wide violation rate for alcohol has remained below 0.5 percent for the last two years (.013 in 2006 and .017 in 2005). Railroads remain free, as always, to conduct random testing at higher rates. Issued in Washington, DC, on December 17, 2007. Joseph H. Boardman, Administrator. [FR Doc. E7–25353 Filed 12–28–07; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 070612190–7684–02] RIN 0648–AV58 Atlantic Highly Migratory Species; 2008 Atlantic Bluefin Tuna Quota Specifications and Effort Controls National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: SUMMARY: NMFS announces the final rule to set 2008 fishing year specifications for the Atlantic bluefin tuna (BFT) fishery, including quotas for each of the established domestic fishing categories and effort controls for the General category and Angling category. This action is necessary to implement recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic E:\FR\FM\31DER1.SGM 31DER1

Agencies

[Federal Register Volume 72, Number 249 (Monday, December 31, 2007)]
[Rules and Regulations]
[Page 74193]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25353]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 219

[Docket No. 2001-11213, Notice No. 11]
RIN 2130-AA81


Alcohol and Drug Testing: Determination of Minimum Random Testing 
Rates for 2008

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Notice of Determination.

-----------------------------------------------------------------------

SUMMARY: Using data from Management Information System annual reports, 
FRA has determined that the 2006 rail industry random testing positive 
rates were 0.60 percent for drugs and 0.13 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, 2008, through December 31, 2008, 
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, 
2008, through December 31, 2008.

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, 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 2008 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 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, FRA announces that the minimum random drug testing 
rate will remain at 25 percent of covered railroad employees for the 
period January 1, 2008, through December 31, 2008, because the industry 
random drug testing positive rate was below 1.0 percent for the last 
two years (.060 in 2006 and .073 in 2005). The minimum random alcohol 
testing rate will remain at 10 percent of covered railroad employees 
for the period January 1, 2008, through December 31, 2008, because the 
industry-wide violation rate for alcohol has remained below 0.5 percent 
for the last two years (.013 in 2006 and .017 in 2005). Railroads 
remain free, as always, to conduct random testing at higher rates.

    Issued in Washington, DC, on December 17, 2007.
Joseph H. Boardman,
Administrator.
[FR Doc. E7-25353 Filed 12-28-07; 8:45 am]
BILLING CODE 4910-06-P

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