Alcohol and Drug Testing: Determination of Minimum Random Testing Rates for 2009, 78656 [E8-30541]

Download as PDF 78656 Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Rules and Regulations will also be available via ECFS (https:// www.fcc.gov/cgb/ecfs/). (Documents will be available electronically in ASCII, Word 97, and/or Adobe Acrobat.) This document may be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY–B402, Washington, DC 20554, telephone 1– 800–478–3160 or via e-mail https:// www.BCPIWEB.com. To request this document in accessible formats (computer diskettes, large print, audio recording, and Braille), send an e-mail to fcc504@fcc.gov or call the Commission’s Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104–13. In addition, therefore, it does not contain any information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Provisions of the Regulatory Flexibility Act of 1980 do not apply to this proceeding. The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional review Act, see 5 U.S.C. 801(a)(1)(A). List of Subjects in 47 CFR Part 73 Television, Television broadcasting. For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows: ■ PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: ■ Authority: 47 U.S.C. 154, 303, 334, 336. § 73.622 [Amended] 2. Section 73.622(i), the PostTransition Table of DTV Allotments under Nebraska, is amended by adding DTV channel 13 and removing DTV channel 36 at Kearney. ■ Federal Communications Commission. Clay C. Pendarvis, Associate Chief, Video Division, Media Bureau. [FR Doc. E8–30539 Filed 12–22–08; 8:45 am] BILLING CODE 6712–01–P VerDate Aug<31>2005 15:41 Dec 22, 2008 Jkt 217001 DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Part 219 [Docket No. 2001–11213, Notice No. 12] RIN 2130–AA81 Alcohol and Drug Testing: Determination of Minimum Random Testing Rates for 2009 AGENCY: Federal Railroad Administration (FRA), DOT. ACTION: Notice of Determination. SUMMARY: Using data from Management Information System annual reports, FRA has determined that the 2007 rail industry random testing positive rates were 0.56 percent for drugs and 0.18 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, 2009, through December 31, 2009, 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, 2009, through December 31, 2009. 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 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 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, 2009, through December 31, 2009, because the industry random drug testing positive rate was below 1.0 percent for the last two years (.056 in 2007 and .060 in 2006). The minimum random alcohol testing rate will remain at 10 percent of covered railroad employees for the period January 1, 2009, through December 31, 2009, because the industry-wide violation rate for alcohol has remained below 0.5 percent for the last two years (.018 in 2007 and .013 in 2006). Railroads remain free, as always, to conduct random testing at higher rates. Issued in Washington, DC on December 18, 2008. Clifford C. Eby, Administrator. [FR Doc. E8–30541 Filed 12–22–08; 8:45 am] BILLING CODE 4910–06–P E:\FR\FM\23DER1.SGM 23DER1

Agencies

[Federal Register Volume 73, Number 247 (Tuesday, December 23, 2008)]
[Rules and Regulations]
[Page 78656]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30541]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 219

[Docket No. 2001-11213, Notice No. 12]
RIN 2130-AA81


Alcohol and Drug Testing: Determination of Minimum Random Testing 
Rates for 2009

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Notice of Determination.

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SUMMARY: Using data from Management Information System annual reports, 
FRA has determined that the 2007 rail industry random testing positive 
rates were 0.56 percent for drugs and 0.18 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, 2009, through December 31, 2009, 
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, 
2009, through December 31, 2009.

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, 2009, through December 31, 2009, because the industry 
random drug testing positive rate was below 1.0 percent for the last 
two years (.056 in 2007 and .060 in 2006). The minimum random alcohol 
testing rate will remain at 10 percent of covered railroad employees 
for the period January 1, 2009, through December 31, 2009, because the 
industry-wide violation rate for alcohol has remained below 0.5 percent 
for the last two years (.018 in 2007 and .013 in 2006). Railroads 
remain free, as always, to conduct random testing at higher rates.

    Issued in Washington, DC on December 18, 2008.
Clifford C. Eby,
Administrator.
[FR Doc. E8-30541 Filed 12-22-08; 8:45 am]
BILLING CODE 4910-06-P

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