Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations, 4058-4059 [2020-01071]
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Federal Register / Vol. 85, No. 15 / Thursday, January 23, 2020 / Notices
Line should be granted, subject to
compliance with the environmental
mitigation set forth in the Final EA, for
either the Green Alternative (Option A
or B) or the Blue Alternative (Option A
or B).6 The Board will also grant the
unopposed Crossing Petition.
This action, as conditioned, will not
significantly impact the quality of the
human environment or the conservation
of energy resources.
It is ordered:
1. TREX’s petition for an exemption
under 49 U.S.C. 10502 from the prior
approval requirements of 49 U.S.C.
10901 to construct and operate the Line
is granted as discussed above.
2. TREX’s request for a conditional
grant of the petition is denied as moot.
3. The Board adopts the
environmental mitigation measures set
forth in the Final EA and imposes them
as conditions to the exemption granted
here.
4. TREX’s petition for issuance of a
crossing order pursuant to 49 U.S.C.
10901(d) is granted.
5. Notice will be published in the
Federal Register on January 23, 2020.
6. Petitions for reconsideration must
be filed by February 6, 2020.
7. This decision is effective on the
date of service.
Decided: January 16, 2020.
By the Board, Board Members Begeman,
Fuchs, and Oberman.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2020–01095 Filed 1–22–20; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2001–11213, Notice No.
24]
Drug and Alcohol Testing:
Determination of Minimum Random
Testing Rates for 2020
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notification of determination.
AGENCY:
This notification of
determination announces FRA’s
minimum annual random drug and
minimum annual random alcohol
testing rates for covered employees and
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SUMMARY:
6 The mitigation conditions apply both to the
construction and operation of the Line and the
proposed crossing over UP’s tracks. As previously
noted, OEA considered the potential impacts from
both the Line and the possible crossing in the Draft
and Final EA.
VerDate Sep<11>2014
17:13 Jan 22, 2020
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for maintenance-of-way (MOW)
employees for calendar year 2020.
DATES: This determination takes effect
January 23, 2020.
FOR FURTHER INFORMATION CONTACT:
Gerald Powers, FRA Drug and Alcohol
Program Manager, W33–310, Federal
Railroad Administration, 1200 New
Jersey Avenue SE, Washington, DC
20590 (telephone 202–493–6313); or
Sam Noe, FRA Drug and Alcohol
Program Specialist, Federal Railroad
Administration (telephone 615–719–
2951).
SUPPLEMENTARY INFORMATION: FRA is
announcing the 2020 minimum annual
random drug and alcohol testing rates
for covered service employees, and the
2020 minimum annual random drug
and alcohol testing rates for MOW
employees. For calendar year 2020, the
minimum annual random testing rates
for covered service employees will
continue to be 25 percent for drugs and
10 percent for alcohol, while the
minimum annual random testing rates
for MOW employees will continue to be
50 percent for drugs and 25 percent for
alcohol.
To set its minimum annual random
testing rates for each year, FRA
examines the last two complete calendar
years of railroad industry drug and
alcohol program data submitted to its
Management Information System (MIS).
The rail industry’s random drug testing
positive rate for covered service
employees (employees subject to the
hours of service laws and regulations)
remained below 1.0 percent for 2017
and 2018. The Administrator has
therefore determined the minimum
annual random drug testing rate for the
period January 1, 2020, through
December 31, 2020, will remain at 25
percent for covered service employees.
The industry-wide random alcohol
testing violation rate for covered service
employees remained below 0.5 percent
for 2017 and 2018. Therefore, the
Administrator has determined the
minimum random alcohol testing rate
will remain at 10 percent for covered
service employees for the period
January 1, 2020, through December 31,
2020. Because these rates represent
minimums, railroads may conduct FRA
random testing at higher rates.
MOW employees became subject to
FRA random drug and alcohol testing in
June 2017. The Administrator has
determined that the minimum annual
random testing rates initially
established for MOW employees will
remain in effect because FRA does not
have MIS data for two consecutive years
that represents their industry-wide
performance rates. Specifically, MOW
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employees became subject to FRA
random testing effective June 12, 2017,
and the resulting 2017 MIS data FRA
received reflected industry-wide MOW
random testing rates that were below the
annual minimum rates of 50 percent
(drugs) and 25 percent (alcohol) for
MOW employees. Therefore, for the
period January 1, 2020, through
December 31, 2020, the minimum
annual random drug testing rate will
continue to be 50 percent for MOW
employees, and the minimum annual
random alcohol testing rate will
continue to be 25 percent for MOW
employees. As with covered service
employees, because these rates
represent minimums, railroads may
conduct FRA random testing of MOW
employees at higher rates.
Issued in Washington, DC.
Ronald L. Batory,
Administrator, Federal Railroad
Administration.
[FR Doc. 2020–01011 Filed 1–22–20; 8:45 am]
BILLING CODE 4910–06–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 calendar year 2020
random drug and alcohol testing rates.
AGENCY:
This notice announces the
calendar year 2020 drug and alcohol
random testing rates for employer’s
subject to 49 CFR part 655. The
minimum random drug testing rate will
remain at 50 percent and the random
alcohol rate will remain at 10 percent.
DATES: Applicable Date: January 1, 2020.
FOR FURTHER INFORMATION CONTACT: Iyon
Rosario, Drug and Alcohol Program
Manager in the Office of Transit Safety
and Oversight, 1200 New Jersey Avenue
SE, Washington, DC 20590 (telephone:
202–366–2010 or email: Iyon.Rosario@
dot.gov).
SUMMARY:
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 pursuant to drug and
alcohol regulations adopted by FTA at
49 CFR parts 653 and 654 in February
1994. The annual report includes the
number of employees who had a
verified positive for the use of
SUPPLEMENTARY INFORMATION:
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23JAN1
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Federal Register / Vol. 85, No. 15 / Thursday, January 23, 2020 / Notices
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 FTA updated the testing rules on
August 1, 2001 (66 FR 42002) and
maintained a random testing rate for
prohibited drugs at 50 percent and the
misuse of alcohol at 10 percent, which
the Administrator may lower if the
violation rates dropped below the
thresholds set forth in 49 CFR 665.45 for
2 consecutive years. Accordingly, based
on the recent violation rates, in 2007,
FTA reduced the random drug testing
rate from 50 percent to 25 percent (72
FR 1057, January 7, 2007). In 2018,
however, FTA increased the random
drug testing rate to 50 percent for
calendar year 2019 based on verified
industry data for calendar year 2017,
which showed the rate had exceeded 1
percent (83 FR 63812, December 12,
2018).
Pursuant to 49 CFR 655.45, 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 public
transportation industry. The
information used for this determination
is drawn from the drug and alcohol
Management Information System (MIS)
reports required by 49 CFR 655.72. 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.
For calendar year 2020, the
Administrator has determined the
random drug testing rate for covered
employees will remain at 50 percent
based on a verified positive rate of 1.17
percent for calendar year 2018. Further,
the Administrator has determined the
random alcohol testing rate for calendar
year 2020 will remain at 10 percent
because the violation rate again was
lower than 0.5 percent for calendar
years 2016 and 2017. The random
alcohol violation rates were 0.148
percent for 2016 and 0.160 for 2017.
Detailed reports on FTA’s drug and
alcohol testing data collected from
transit employers may be obtained from
FTA, Office of Transit Safety and
Oversight, 1200 New Jersey Avenue SE,
Washington, DC 20590, (202) 366–2010
or at https://transit-safety.fta.dot.gov/
VerDate Sep<11>2014
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DrugAndAlcohol/Publications/
Default.aspx.
Issued in Washington, DC.
K. Jane Williams,
Acting Administrator.
[FR Doc. 2020–01071 Filed 1–22–20; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Limitation on Claims Against Proposed
Public Transportation Projects
Federal Transit Administration
(FTA); DOT; U.S. Army Corps of
Engineers (USACE).
AGENCY:
Notice of limitation on claims
for judicial review of actions by the
USACE.
ACTION:
FTA is issuing this notice to
announce action taken by the USACE
that is final within the meaning of the
United States Code. The action relates to
the construction of the Potomac Yard
Metrorail Station in the City of
Alexandria, Virginia (the Project). The
USACE granted a Department of the
Army permit, pursuant to Section 404 of
the Clean Water Act, as amended,
authorizing the City of Alexandria to
discharge dredged or fill material into
Waters of the United States at specified
locations related to the Project.
SUMMARY:
By this notice, FTA is advising
the public of final agency actions
subject to 23 U.S.C. 139(l). A claim
seeking judicial review of the identified
Federal agency action related to the
Project will be barred unless the claim
is filed on or before June 22, 2020. If the
Federal law that authorizes judicial
review of a claim provides a time period
of less than 150 days for filing such
claim, then that shorter time period still
applies.
DATES:
For
FTA: Nancy-Ellen Zusman, Assistant
Chief Counsel, Office of Chief Counsel,
(312) 353–2577 or Juliet Bochicchio,
Environmental Protection Specialist,
Office of Environmental Programs, (202)
366–9348. FTA is located at 1200 New
Jersey Avenue SE, Washington, DC
20590. Office hours are from 9:00 a.m.
to 5:00 p.m., Monday through Friday,
except Federal holidays. For USACE:
Department of the Army, Norfolk
District, U.S. Army Corps of Engineers
Regulatory Branch, Attn: Theresita
Crockett-Augustine, 18139 Triangle
Shopping Plaza, Suite 213, Dumfries,
Virginia, 22026; telephone: (757) 201–
7194.
FOR FURTHER INFORMATION CONTACT:
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4059
Notice is
hereby given that the USACE has taken
final agency action by issuing certain
approval related to the Project. The
actions on the Project, as well as the
laws under which such actions were
taken, are described in the Department
of the Army Permit and related
documents in the USACE administrative
record for the permit action. Interested
parties may contact the USACE Norfolk
District for more information on the
USACE’s permit decision. Contact
information for the appropriate USACE
representative is above. Contact
information for FTA’s Regional Offices
may be found at https://
www.fta.dot.gov.
This notice applies to all USACE
decisions on the listed project as of the
issuance date of this notice and all laws
under which such actions were taken,
including, but not limited to, NEPA [42
U.S.C. 4321–4375], Section 106 of the
National Historic Preservation Act [54
U.S.C. 306108], and the Clean Water Act
[33 U.S.C. 1251–1387]. This notice does
not, however, alter or extend the
limitation period for challenges of
project decisions subject to previous
notices published in the Federal
Register. The project and action that is
the subject of this notice follow:
Project name and location: Potomac
Yard Metrorail Station, City of
Alexandria, Virginia. Project sponsor:
City of Alexandria. Project description:
The project will construct the new
Potomac Yard Metrorail Station,
associated tracks, and additional
auxiliary structures on an
approximately 18-acre site in
Alexandria, Virginia for use by the
Washington Metropolitan Area Transit
Authority. Final agency action:
Department of the Army permit issued
pursuant to Section 404 Clean Water
Act, effective November 15, 2019.
Supporting documentation: USACE
Finding of No Significant Impact issued
November 15, 2019. The USACE
decision and permit No. NAO 2012–
02012/19–V0170 are available by
contacting USACE at the address
provided above.
This notice applies to all Federal
agency decisions as of the issuance date
of this notice and all laws under which
the final action was taken.
SUPPLEMENTARY INFORMATION:
Authority: 23 U.S.C. 139(l)(1).
Felicia L. James,
Associate Administrator for Planning and
Environment.
[FR Doc. 2020–01004 Filed 1–22–20; 8:45 am]
BILLING CODE P
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]]>Agencies
[Federal Register Volume 85, Number 15 (Thursday, January 23, 2020)]
[Notices]
[Pages 4058-4059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01071]
-----------------------------------------------------------------------
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 calendar year 2020 random drug and alcohol testing
rates.
-----------------------------------------------------------------------
SUMMARY: This notice announces the calendar year 2020 drug and alcohol
random testing rates for employer's subject to 49 CFR part 655. The
minimum random drug testing rate will remain at 50 percent and the
random alcohol rate will remain at 10 percent.
DATES: Applicable Date: January 1, 2020.
FOR FURTHER INFORMATION CONTACT: Iyon Rosario, Drug and Alcohol Program
Manager in the Office of Transit Safety and Oversight, 1200 New Jersey
Avenue SE, Washington, DC 20590 (telephone: 202-366-2010 or email:
[email protected]).
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 pursuant to drug and alcohol
regulations adopted by FTA at 49 CFR parts 653 and 654 in February
1994. The annual report includes the number of employees who had a
verified positive for the use of
[[Page 4059]]
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 FTA updated the testing rules on August 1, 2001 (66 FR 42002)
and maintained a random testing rate for prohibited drugs at 50 percent
and the misuse of alcohol at 10 percent, which the Administrator may
lower if the violation rates dropped below the thresholds set forth in
49 CFR 665.45 for 2 consecutive years. Accordingly, based on the recent
violation rates, in 2007, FTA reduced the random drug testing rate from
50 percent to 25 percent (72 FR 1057, January 7, 2007). In 2018,
however, FTA increased the random drug testing rate to 50 percent for
calendar year 2019 based on verified industry data for calendar year
2017, which showed the rate had exceeded 1 percent (83 FR 63812,
December 12, 2018).
Pursuant to 49 CFR 655.45, 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 public transportation industry.
The information used for this determination is drawn from the drug and
alcohol Management Information System (MIS) reports required by 49 CFR
655.72. 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.
For calendar year 2020, the Administrator has determined the random
drug testing rate for covered employees will remain at 50 percent based
on a verified positive rate of 1.17 percent for calendar year 2018.
Further, the Administrator has determined the random alcohol testing
rate for calendar year 2020 will remain at 10 percent because the
violation rate again was lower than 0.5 percent for calendar years 2016
and 2017. The random alcohol violation rates were 0.148 percent for
2016 and 0.160 for 2017. Detailed reports on FTA's drug and alcohol
testing data collected from transit employers may be obtained from FTA,
Office of Transit Safety and Oversight, 1200 New Jersey Avenue SE,
Washington, DC 20590, (202) 366-2010 or at https://transit-safety.fta.dot.gov/DrugAndAlcohol/Publications/Default.aspx.
Issued in Washington, DC.
K. Jane Williams,
Acting Administrator.
[FR Doc. 2020-01071 Filed 1-22-20; 8:45 am]
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