Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations, 75109-75110 [2020-25906]

Download as PDF jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Notices two notices seeking public comment on information collection activities before OMB may approve paperwork packages. See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. On August 26, 2020, FRA published a 60-day notice in the Federal Register soliciting comment on the ICR for which it is now seeking OMB approval. See 85 FR 52657. FRA received no comments in response to this 60-day notice. Before OMB decides whether to approve the proposed collection of information, it must provide 30 days for public comment. Federal law requires OMB to approve or disapprove paperwork packages between 30 and 60 days after the 30-day notice is published. 44 U.S.C. 3507(b)–(c); 5 CFR 1320.10(b); see also 60 FR 44978, 44983, Aug. 29, 1995. OMB believes the 30-day notice informs the regulated community to file relevant comments and affords the agency adequate time to digest public comments before it renders a decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should submit their respective comments to OMB within 30 days of publication to best ensure having their full effect. Comments are invited on the following ICR regarding: (1) Whether the information collection activities are necessary for FRA to properly execute its functions, including whether the information will have practical utility; (2) the accuracy of FRA’s estimates of the burden of the information collection activities, including the validity of the methodology and assumptions used to determine the estimates; (3) ways for FRA to enhance the quality, utility, and clarity of the information being collected; and (4) ways to minimize the burden of information collection activities on the public, including the use of automated collection techniques or other forms of information technology. The summaries below describe the ICR that FRA will submit for OMB clearance as the PRA requires: Title: Workforce Development Survey. OMB Control Number: 2130–0621. Abstract: FRA has statutory responsibility to ensure the safety of railroad operations under 49 U.S.C. 20103. To conduct safe railroad operations, the workforce must have the requisite knowledge and skills to operate equipment and utilize technologies. FRA therefore seeks to promote workforce development policy and standards to ensure the workforce has the necessary knowledge and skills to conduct safe railroad operations. Due to an increasingly dynamic and maturing workforce, combined with continual changes in knowledge and VerDate Sep<11>2014 17:48 Nov 23, 2020 Jkt 253001 skills required to use new technologies, there is an increasing risk of not having the necessary talent pools to fill critical railroad operational positions. Since 2011, FRA has routinely performed a comprehensive overview of the railroad industry workforce. The Railroad Industry Modal Profile was a response to the DOT National Transportation Workforce Development Initiative that required each DOT Operating Administration to produce an analysis of its industry workforce. The most recent published update in April 2016, Railroad Industry Modal Profile: An Outline of the Railroad Industry Workforce Trends, Challenges, and Opportunities, highlighted numerous workforce challenges including age, diversity, knowledge management and succession planning, work-life balance, recruitment, and the impact of evolving technology. The prevailing workforce concerns during the early stages of the DOT National Transportation Workforce Development Initiative were the large number of retirement-eligible employees in transportation-related fields and the national shortage of science, technology, engineering, and math graduates. Because the railroad industry had done very little hiring in the late 1980s and throughout most of the 1990s, the retirement-eligible population became quite large, even beyond that of most other industries and transportation modes (each of which was also grappling with similar retirement population concerns). These workforce challenges persist. Although the industry has recognized the need to focus on recruitment and retention strategies, it continues to face risks in maintaining a viable workforce and building a pipeline of diverse talent. To take effective and efficient action to minimize these risks, FRA requires reliable information on current workforce development challenges, strategies, and outcomes. Initial data collected for the Railroad Industry Modal Profile established a baseline understanding of the risks and status. However, to confirm and further develop the understanding of the risks, potential solutions, and best practices that have been implemented by railroad stakeholders, this revised survey is proposed. With this submission, FRA is requesting permission to gather the needed information about the railroad industry workforce. Type of Request: Extension without Change. Affected Public: Class I freight and passenger railroads, short line and regional railroads, labor unions, major PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 75109 associations, academia, and specialty experts. Form(s): FRA F 240. Respondent Universe: 847. Frequency of Submission: One-time. Total Estimated Annual Responses: 213. Total Estimated Annual Burden: 88.75 hours. Total Estimated Annual Burden Hour Dollar Cost Equivalent: $3,637.86. Under 44 U.S.C. 3507(a) and 5 CFR 1320.5(b) and 1320.8(b)(3)(vi), FRA informs all interested parties that a respondent is not required to respond to, conduct or sponsor a collection of information unless it displays a currently valid OMB control number. Authority: 44 U.S.C. 3501–3520. Brett A. Jortland, Deputy Chief Counsel. [FR Doc. 2020–25916 Filed 11–23–20; 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 2021 random drug and alcohol testing rates. AGENCY: This notice announces the calendar year 2021 drug and alcohol random testing rates for employers subject to 49 CFR part 655. The minimum random drug testing rate will remain at 50 percent, and the random alcohol testing rate will remain at 10 percent. SUMMARY: DATES: Applicable Date: January 1, 2021. 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). FOR FURTHER INFORMATION CONTACT: On January 1, 1995, FTA required large transit employers to begin drug and alcohol testing of employees performing safety-sensitive functions, and to 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 test for the use of SUPPLEMENTARY INFORMATION: E:\FR\FM\24NON1.SGM 24NON1 75110 Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES prohibited drugs, and the number of employees who tested positive for the misuse of alcohol during the reported year. Small employers commenced the required testing on January 1, 1996, and began reporting the same information as the large employers beginning March 15, 1997. FTA updated the testing rules by merging them into a new 49 CFR part 655, effective August 1, 2001 (66 FR 42002). The regulation maintains 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 drop below 1.0 percent for drug testing and 0.5 percent for alcohol testing for two consecutive years. Accordingly, 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 returned the random drug testing rate to 50 percent for calendar year 2019 based on verified industry data for calendar year 2017, which showed that the rate had VerDate Sep<11>2014 17:48 Nov 23, 2020 Jkt 253001 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. To ensure the reliability of the data, the Administrator must 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 position of Administrator is vacant. The Deputy Administrator is authorized to perform the functions and duties of the position of Administrator for purposes of this rulemaking. For calendar year 2021, the Deputy PO 00000 Frm 00139 Fmt 4703 Sfmt 9990 Administrator has determined that the random drug testing rate for covered employees will remain at 50 percent based on a verified positive rate of 1.16 percent for calendar year 2019. Further, the Deputy Administrator has determined that the random alcohol testing rate for calendar year 2021 will remain at 10 percent, because the violation rate again was lower than the rates for calendar years 2018 and 2019. The random alcohol violation rates were 0.20 percent for 2018 and 0.16 for 2019. 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. K. Jane Williams, Deputy Administrator. [FR Doc. 2020–25906 Filed 11–23–20; 8:45 am] BILLING CODE 4910–57–P E:\FR\FM\24NON1.SGM 24NON1

Agencies

[Federal Register Volume 85, Number 227 (Tuesday, November 24, 2020)]
[Notices]
[Pages 75109-75110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25906]


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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 calendar year 2021 random drug and alcohol testing 
rates.

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

SUMMARY: This notice announces the calendar year 2021 drug and alcohol 
random testing rates for employers subject to 49 CFR part 655. The 
minimum random drug testing rate will remain at 50 percent, and the 
random alcohol testing rate will remain at 10 percent.

DATES: Applicable Date: January 1, 2021.

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 of employees 
performing safety-sensitive functions, and to 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 test for the use of

[[Page 75110]]

prohibited drugs, and the number of employees who tested positive for 
the misuse of alcohol during the reported year. Small employers 
commenced the required testing on January 1, 1996, and began reporting 
the same information as the large employers beginning March 15, 1997.
    FTA updated the testing rules by merging them into a new 49 CFR 
part 655, effective August 1, 2001 (66 FR 42002). The regulation 
maintains 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 drop below 1.0 percent for drug testing and 0.5 
percent for alcohol testing for two consecutive years. Accordingly, 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 returned 
the random drug testing rate to 50 percent for calendar year 2019 based 
on verified industry data for calendar year 2017, which showed that 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. To ensure the reliability of the data, the Administrator must 
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 position of Administrator is vacant. The Deputy Administrator 
is authorized to perform the functions and duties of the position of 
Administrator for purposes of this rulemaking. For calendar year 2021, 
the Deputy Administrator has determined that the random drug testing 
rate for covered employees will remain at 50 percent based on a 
verified positive rate of 1.16 percent for calendar year 2019. Further, 
the Deputy Administrator has determined that the random alcohol testing 
rate for calendar year 2021 will remain at 10 percent, because the 
violation rate again was lower than the rates for calendar years 2018 
and 2019. The random alcohol violation rates were 0.20 percent for 2018 
and 0.16 for 2019.
    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.

K. Jane Williams,
Deputy Administrator.
[FR Doc. 2020-25906 Filed 11-23-20; 8:45 am]
BILLING CODE 4910-57-P

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