Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations, 1057-1058 [07-43]

Download as PDF Federal Register / Vol. 72, No. 5 / Tuesday, January 9, 2007 / Notices ycherry on PROD1PC63 with NOTICES has submitted evidence showing that the vision in the better eye continues to meet the standard specified at 49 CFR 391.41(b)(10) and that the vision impairment is stable. In addition, a review of each record of safety while driving with the respective vision deficiencies over the past two years indicates each applicant continues to meet the vision exemption standards. These factors provide an adequate basis for predicting each driver’s ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. Request for Comments FMCSA will review comments received at any time concerning a particular driver’s safety record and determine if the continuation of the exemption is consistent with the requirements at 49 U.S.C. 31136(e) and 31315. However, FMCSA requests that interested parties with specific data concerning the safety records of these drivers submit comments by February 8, 2007. FMCSA believes that the requirements for a renewal of an exemption under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially granting the renewal and then requesting and evaluating, if needed, subsequent comments submitted by interested parties. As indicated above, the Agency previously published notices of final disposition announcing its decision to exempt these 20 individuals from the vision requirement in 49 CFR 391.41(b)(10). The final decision to grant an exemption to each of these individuals was based on the merits of each case and only after careful consideration of the comments received to its notices of applications. The notices of applications stated in detail the qualifications, experience, and medical condition of each applicant for an exemption from the vision requirements. That information is available by consulting the above cited Federal Register publications. Interested parties or organizations possessing information that would otherwise show that any, or all of these drivers, are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will VerDate Aug<31>2005 13:55 Jan 08, 2007 Jkt 211001 take immediate steps to revoke the exemption of a driver. Issued on: January 3, 2007. Larry W. Minor, Office Director, Bus and Truck Standards and Operations. [FR Doc. E7–99 Filed 1–8–07; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations Federal Transit Administration (FTA), DOT. ACTION: Notice of random drug and alcohol testing rates. AGENCY: SUMMARY: This notice announces the random testing rates for employers subject to the Federal Transit Administration’s (FTA) drug and alcohol rules. DATES: Effective Date: January 9, 2007. FOR FURTHER INFORMATION CONTACT: Jerry Powers, Drug and Alcohol Program Manager for the Office of Safety and Security, (202) 366–2896 (telephone) and (202) 366–7951 (fax). Electronic access to this and other documents concerning FTA’s drug and alcohol testing rules may be obtained through the FTA World Wide Web home page at https://www.fta.dot.gov, click on ‘‘Safety and Security.’’ On January 1, 1995, FTA required large transit employers to begin drug and alcohol testing employees performing safety-sensitive functions and to begin submitting annual reports by March 15 of each year beginning in 1996. The annual report includes the number of employees who had a verified positive for the use of prohibited drugs, and the number of employees who tested positive for the misuse of alcohol. Small employers commenced their FTArequired testing on January 1, 1996, and began reporting the same information as the large employers beginning March 15, 1997. The testing rules were updated on August 1, 2001, and established a random testing rate for prohibited drugs and the misuse of alcohol. The rules require that employers conduct random drug tests at a rate equivalent to at least 50 percent of their total number of safety-sensitive employees for prohibited drug use and at least 25 percent for the misuse of alcohol. The rules provide that the drug random testing rate may be lowered to SUPPLEMENTARY INFORMATION: PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 1057 25 percent if the ‘‘positive rate’’ for the entire transit industry is less than one percent for two preceding consecutive years. Once lowered, it may be raised to 50 percent if the positive rate equals or exceeds one percent for any one year (‘‘positive rate’’ means the number of positive results for random drug tests conducted under 49 CFR 655.45 plus the number of refusals of random tests required by 49 CFR 655.49, divided by the total number of random drug tests, plus the number of refusals of random tests required by 49 CFR Part 655). The alcohol provisions provide that the random rate may be lowered to 10 percent if the ‘‘violation rate’’ for the entire transit industry is less than 0.5 percent for two consecutive years. It will remain at 25 percent if the ‘‘violation rate’’ is equal to or greater than 0.5 percent but less than one percent, and it will be raised to 50 percent if the ‘‘violation rate’’ is one percent or greater for any one year (‘‘violation rate’’ means the number of covered employees found during random tests given under 49 CFR 655.45 to have an alcohol concentration of .04 or greater, plus the number of employees who refuse a random test required by 49 CFR 655.49, divided by the total reported number of random alcohol tests plus the total number of refusals of random tests required by 49 CFR Part 655.) 49 CFR 655.45(b) states that, ‘‘the Administrator’s decision to increase or decrease the minimum annual percentage rate for random drug and alcohol testing is based, in part, on the reported positive drug and alcohol violation rates for the entire industry. The information used for this determination is drawn from the drug and alcohol Management Information System (MIS) reports required by 49 CFR Part 655. In determining the reliability of the data, the Administrator shall consider the quality and completeness of the reported data, may obtain additional information or reports from employers, and may make appropriate modifications in calculating the industry’s verified positive results and violation rates.’’ The Administrator has determined that the random drug testing rate shall be reduced from 50 to 25 percent for 2007 due to a ‘‘positive rate’’ lower than 1.0 percent for random drug test data from 2003 through 2005. The random drug rates for the three preceding consecutive years are 0.96 for 2003, 0.89 percent for 2004 and 0.79 percent for 2005. In 2006, the FTA retained the random alcohol testing rate of 10 percent (reduced previously from 25 percent) E:\FR\FM\09JAN1.SGM 09JAN1 1058 Federal Register / Vol. 72, No. 5 / Tuesday, January 9, 2007 / Notices based on the ‘‘positive rate’’ for random alcohol test data from 2003 and 2004. Because the random alcohol violation rate was again lower than 0.5 percent for the two preceding consecutive years (0.11 percent for 2004 and 0.11 percent for 2005), the random alcohol testing rate will remain at 10 percent for 2007. FTA detailed reports on the drug and alcohol testing data collected from transit employers may be obtained from the Office of Safety and Security, Federal Transit Administration, 400 Seventh Street, SW., Room 9301, Washington, DC 20590, (202) 366–2896 or at https://transit-safety.volpe.dot.gov/ Publications. Issued on January 4, 2007. James S. Simpson, Administrator. [FR Doc. 07–43 Filed 1–5–07; 12:40 pm] BILLING CODE 4910–57–P DEPARTMENT OF THE TREASURY Bureau of the Public Debt Proposed Collection: Comment Request Notice and request for comments. ACTION: SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). Currently the Bureau of the Public Debt within the Department of the Treasury is soliciting comments concerning the transaction request for U.S. Treasury Securities State and Local Government Series Early Redemption. DATES: Written comments should be received on or before March 12, 2007, to be assured of consideration. ADDRESSES: Direct all written comments to Bureau of the Public Debt, Vicki S. Thorpe, 200 Third Street, Parkersburg, WV 26106–1328, or Vicki.Thorpe@bpd.treas.gov. ycherry on PROD1PC63 with NOTICES FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Vicki S. Thorpe, Bureau of the Public Debt, 200 Third Street, Parkersburg, WV 26106–1328, (304) 480–8150. SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 13:55 Jan 08, 2007 Jkt 211001 Title: U.S. Treasury Securities State and Local Government Series Early Redemption Request. OMB Number: 1535–0121. Form Numbers: PD F 5377. Abstract: The information is requested to process early redemption requests for the owners of securities of State and Local Government Series. Current Actions: None. Type of Review: Extension. Affected Public: State or Local Government. Estimated Number of Respondents: 3,350. Estimated Time Per Respondent: 30 minutes. Estimated Total Annual Burden Hours: 1,675. Request for Comments: Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Dated: January 3, 2007. Vicki S. Thorpe, Manager, Graphics, Printing and Records Branch. [FR Doc. E7–68 Filed 1–8–07; 8:45 am] BILLING CODE 4810–39–P DEPARTMENT OF THE TREASURY Bureau of the Public Debt Proposed Collection: Comment Request Notice and request for comments. ACTION: SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). Currently the Bureau of the Public Debt within the Department of the Treasury is soliciting comments concerning the application for disposition of savings bonds after the death of the registered owner(s). DATES: Written comments should be received on or before March 12, 2007, to be assured of consideration. ADDRESSES: Direct all written comments to Bureau of the Public Debt, Vicki S. Thorpe, 200 Third Street, Parkersburg, WV 26106–1328, or Vicki.Thorpe@bpd.treas.gov. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Vicki S. Thorpe, Bureau of the Public Debt, 200 Third Street, Parkersburg, WV 26106–1328, (304) 480–8150. SUPPLEMENTARY INFORMATION: Title: Application For Disposition of Series I Savings Bonds After The Death of the Registered Owner(s). OMB Number: 1535–0131. Form Number: PD F 5394. Abstract: The information is requested to request payment or reissue of savings bonds belonging to a deceased owner. Current Actions: None. Type of Review: Extension. Affected Public: Individuals. Estimated Number of Respondents: 4,100. Estimated Time per Respondent: 30 minutes. Estimated Total Annual Burden Hours: 2,050. Request for Comments: Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. E:\FR\FM\09JAN1.SGM 09JAN1

Agencies

[Federal Register Volume 72, Number 5 (Tuesday, January 9, 2007)]
[Notices]
[Pages 1057-1058]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-43]


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

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Prevention of Alcohol Misuse and Prohibited Drug Use in Transit 
Operations

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION:  Notice of random drug and alcohol testing rates.

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

SUMMARY: This notice announces the random testing rates for employers 
subject to the Federal Transit Administration's (FTA) drug and alcohol 
rules.

DATES: Effective Date: January 9, 2007.

FOR FURTHER INFORMATION CONTACT: Jerry Powers, Drug and Alcohol Program 
Manager for the Office of Safety and Security, (202) 366-2896 
(telephone) and (202) 366-7951 (fax). Electronic access to this and 
other documents concerning FTA's drug and alcohol testing rules may be 
obtained through the FTA World Wide Web home page at https://
www.fta.dot.gov, click on ``Safety and Security.''

SUPPLEMENTARY INFORMATION: On January 1, 1995, FTA required large 
transit employers to begin drug and alcohol testing employees 
performing safety-sensitive functions and to begin submitting annual 
reports by March 15 of each year beginning in 1996. The annual report 
includes the number of employees who had a verified positive for the 
use of prohibited drugs, and the number of employees who tested 
positive for the misuse of alcohol. Small employers commenced their 
FTA-required testing on January 1, 1996, and began reporting the same 
information as the large employers beginning March 15, 1997. The 
testing rules were updated on August 1, 2001, and established a random 
testing rate for prohibited drugs and the misuse of alcohol.
    The rules require that employers conduct random drug tests at a 
rate equivalent to at least 50 percent of their total number of safety-
sensitive employees for prohibited drug use and at least 25 percent for 
the misuse of alcohol. The rules provide that the drug random testing 
rate may be lowered to 25 percent if the ``positive rate'' for the 
entire transit industry is less than one percent for two preceding 
consecutive years. Once lowered, it may be raised to 50 percent if the 
positive rate equals or exceeds one percent for any one year 
(``positive rate'' means the number of positive results for random drug 
tests conducted under 49 CFR 655.45 plus the number of refusals of 
random tests required by 49 CFR 655.49, divided by the total number of 
random drug tests, plus the number of refusals of random tests required 
by 49 CFR Part 655).
    The alcohol provisions provide that the random rate may be lowered 
to 10 percent if the ``violation rate'' for the entire transit industry 
is less than 0.5 percent for two consecutive years. It will remain at 
25 percent if the ``violation rate'' is equal to or greater than 0.5 
percent but less than one percent, and it will be raised to 50 percent 
if the ``violation rate'' is one percent or greater for any one year 
(``violation rate'' means the number of covered employees found during 
random tests given under 49 CFR 655.45 to have an alcohol concentration 
of .04 or greater, plus the number of employees who refuse a random 
test required by 49 CFR 655.49, divided by the total reported number of 
random alcohol tests plus the total number of refusals of random tests 
required by 49 CFR Part 655.)
    49 CFR 655.45(b) states that, ``the Administrator's decision to 
increase or decrease the minimum annual percentage rate for random drug 
and alcohol testing is based, in part, on the reported positive drug 
and alcohol violation rates for the entire industry. The information 
used for this determination is drawn from the drug and alcohol 
Management Information System (MIS) reports required by 49 CFR Part 
655. In determining the reliability of the data, the Administrator 
shall consider the quality and completeness of the reported data, may 
obtain additional information or reports from employers, and may make 
appropriate modifications in calculating the industry's verified 
positive results and violation rates.''
    The Administrator has determined that the random drug testing rate 
shall be reduced from 50 to 25 percent for 2007 due to a ``positive 
rate'' lower than 1.0 percent for random drug test data from 2003 
through 2005. The random drug rates for the three preceding consecutive 
years are 0.96 for 2003, 0.89 percent for 2004 and 0.79 percent for 
2005.
    In 2006, the FTA retained the random alcohol testing rate of 10 
percent (reduced previously from 25 percent)

[[Page 1058]]

based on the ``positive rate'' for random alcohol test data from 2003 
and 2004. Because the random alcohol violation rate was again lower 
than 0.5 percent for the two preceding consecutive years (0.11 percent 
for 2004 and 0.11 percent for 2005), the random alcohol testing rate 
will remain at 10 percent for 2007.
    FTA detailed reports on the drug and alcohol testing data collected 
from transit employers may be obtained from the Office of Safety and 
Security, Federal Transit Administration, 400 Seventh Street, SW., Room 
9301, Washington, DC 20590, (202) 366-2896 or at https://transit-
safety.volpe.dot.gov/Publications.

    Issued on January 4, 2007.
James S. Simpson,
Administrator.
[FR Doc. 07-43 Filed 1-5-07; 12:40 pm]
BILLING CODE 4910-57-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.