Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations, 3859 [2016-01222]

Download as PDF Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Notices Reauthorization Act of 1986 (SARA); and Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6901– 6992(k)). (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(I)(1). Issued on: December 9, 2015. Peter W. Osborn, Division Administrator, Albany, New York. [FR Doc. 2016–00687 Filed 1–21–16; 8:45 am] BILLING CODE 4910–RY–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 for 2016. AGENCY: This notice announces the random testing rates for employers subject to the Federal Transit Administration’s (FTA) drug and alcohol rules for 2016. DATES: Effective Date: January 1, 2016. FOR FURTHER INFORMATION CONTACT: Iyon Rosario, Drug and Alcohol Program Manager for the Office of Safety and Oversight, 1200 New Jersey Avenue SE., Washington, DC 20590 (telephone: 202– 366–2010 or email: Iyon.Rosario@ dot.gov). SUMMARY: mstockstill on DSK4VPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: On January 1, 1995, FTA required large transit employers to begin drug and alcohol testing employees performing safety-sensitive functions and submit 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 during the reported year. 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 VerDate Sep<11>2014 16:59 Jan 21, 2016 Jkt 238001 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. However, 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, the random rates 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 administered 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). Pursuant to 49 CFR 655.45(b), 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 considers the quality and completeness of the reported data, or may obtain additional information or reports from employers, and make appropriate modifications in calculating the industry’s verified positive results and violation rates. The Administrator has determined the random drug testing rate will remain at 25 percent for 2016 due to an industry positive rate lower than 1.0 percent for random drug test data for the two preceding calendar years. The random drug rates for the two preceding years PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 3859 are .87 percent for 2014 and .90 percent for 2015. The Administrator has also determined the random alcohol testing rate for 2016 will remain at 10 percent because the random alcohol violation rate for the industry was again lower than 0.5 percent for the two preceding consecutive years. The random alcohol rates for the two preceding years are 0.14 percent for 2014 and 0.14 percent for 2015. Detailed reports on the FTA drug and alcohol testing data collected from transit employers may be obtained from the FTA, Office of Safety and Oversight, 1200 New Jersey Avenue SE., Washington, DC 20590, (202) 366–2010 or at https://transit-safety.fta.dot.gov/ publications/Default.aspx. Issued in Washington, DC, pursuant to authority under 49 CFR 1.91. Therese W. McMillan, Acting Administrator. [FR Doc. 2016–01222 Filed 1–21–16; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2015–0106; Notice 1] Notice of Receipt of Petition for Decision That Nonconforming Model Year 2008–2010 Alfa Romeo 8C Spider Passenger Cars Are Eligible for Importation National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that model year (MY) 2008–2010 Alfa Romeo 8C Spider passenger cars (PC) that were not originally manufactured to comply with all applicable Federal Motor Vehicle Safety Standards (FMVSS) are eligible for importation into the United States because they have safety features that comply with, or are capable of being altered to comply with, all such standards. SUMMARY: The closing date for comments on the petition is February 22, 2016. ADDRESSES: Comments should refer to the docket and notice numbers above and be submitted by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the DATES: E:\FR\FM\22JAN1.SGM 22JAN1

Agencies

[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)]
[Notices]
[Page 3859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01222]


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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 for 2016.

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SUMMARY: This notice announces the random testing rates for employers 
subject to the Federal Transit Administration's (FTA) drug and alcohol 
rules for 2016.

DATES: Effective Date: January 1, 2016.

FOR FURTHER INFORMATION CONTACT: Iyon Rosario, Drug and Alcohol Program 
Manager for the Office of Safety and Oversight, 1200 New Jersey Avenue 
SE., Washington, DC 20590 (telephone: 202-366-2010 or email: 
Iyon.Rosario@dot.gov).

SUPPLEMENTARY INFORMATION:
    On January 1, 1995, FTA required large transit employers to begin 
drug and alcohol testing employees performing safety-sensitive 
functions and submit 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 during the 
reported year. 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. However, 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, the random rates 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 
administered 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).
    Pursuant to 49 CFR 655.45(b), 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 
considers the quality and completeness of the reported data, or may 
obtain additional information or reports from employers, and make 
appropriate modifications in calculating the industry's verified 
positive results and violation rates.
    The Administrator has determined the random drug testing rate will 
remain at 25 percent for 2016 due to an industry positive rate lower 
than 1.0 percent for random drug test data for the two preceding 
calendar years. The random drug rates for the two preceding years are 
.87 percent for 2014 and .90 percent for 2015.
    The Administrator has also determined the random alcohol testing 
rate for 2016 will remain at 10 percent because the random alcohol 
violation rate for the industry was again lower than 0.5 percent for 
the two preceding consecutive years. The random alcohol rates for the 
two preceding years are 0.14 percent for 2014 and 0.14 percent for 
2015.
    Detailed reports on the FTA drug and alcohol testing data collected 
from transit employers may be obtained from the FTA, Office of Safety 
and Oversight, 1200 New Jersey Avenue SE., Washington, DC 20590, (202) 
366-2010 or at https://transit-safety.fta.dot.gov/publications/Default.aspx.

    Issued in Washington, DC, pursuant to authority under 49 CFR 
1.91.
Therese W. McMillan,
Acting Administrator.
[FR Doc. 2016-01222 Filed 1-21-16; 8:45 am]
BILLING CODE P

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