Drug and Alcohol Testing: Determination of Minimum Random Testing Rates for 2021, 81265-81267 [2020-27521]

Download as PDF Federal Register / Vol. 85, No. 241 / Tuesday, December 15, 2020 / Notices DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2001–11213, Notice No. 25] Drug and Alcohol Testing: Determination of Minimum Random Testing Rates for 2021 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 service and maintenance-of-way (MOW) employees for calendar year 2021. DATES: This determination takes effect December 15, 2020. FOR FURTHER INFORMATION CONTACT: Gerald Powers, FRA Drug and Alcohol Program Manager, by email: gerald.powers@dot.gov or by telephone: 202–493–6313; or Sam Noe, FRA Drug and Alcohol Program Specialist, by email: sam.noe@dot.gov or by telephone: 615–719–2951. SUPPLEMENTARY INFORMATION: FRA is announcing the 2021 minimum annual random drug and alcohol testing rates for covered service and MOW employees. For calendar year 2021, 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 will be lowered to 10 percent for alcohol. Because these rates represent minimums, railroads and contractors may conduct FRA random testing at higher rates. SUMMARY: Discussion 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 VerDate Sep<11>2014 17:35 Dec 14, 2020 Jkt 253001 Management Information System (MIS). FRA has also, however, reserved the right to consider factors other than MISreported data before deciding whether to lower annual minimum random testing rates. See 63 FR 71789 (Dec. 30, 1998). Random Testing Rates for Covered Service Employees The rail industry’s random drug testing positive rate for covered service employees (employees subject to the Federal hours of service laws and regulations) remained below 1.0 percent for 2018 and 2019. The Administrator has therefore determined the minimum annual random drug testing rate for the period January 1, 2021, through December 31, 2021, 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 2018 and 2019. 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, 2021, through December 31, 2021. Random Testing Rates for MOW Employees MOW employees became subject to FRA random drug and alcohol testing in June 2017. See 81 FR 37894 (June 10, 2016). FRA now has MIS data for two full consecutive years of the industrywide performance rates for MOW employees, 2018 and 2019. While FRA may lower the minimum random drug testing rate to 25 percent whenever the industry-wide random drug positive rate is less than 1.0 percent for two consecutive calendar years while testing at the 50 percent rate, FRA has reserved the right to consider other factors before deciding whether to lower annual minimum random testing rates. See 63 FR 71789 (Dec. 30, 1998). As illustrated in the figures in the appendix below, in contrast to the drug testing positive rate for covered service employees that remained substantially PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 81265 below 1.0 percent for 2018 and 2019, the random drug testing positive rate for MOW employees is not only trending upwards, but also approaching the 1.0 percent positive rate threshold at which point the Administrator will raise the drug testing rate under 49 CFR 219.625(d)(2). Specifically, the industrywide random drug testing violation rate for MOW employees increased from 0.69 percent in 2018 to 0.8 percent in 2019, and MOW employees continue to have a higher positive testing rate than covered service employees.1 The Administrator further notes that MOW employees who were performing duties for a railroad before June 12, 2017, were exempted from the pre-employment drug testing requirement. See 49 CFR 219.501(e). As such, some MOW employees may remain who have never been subject to FRA drug testing because they have not yet been randomly selected. Taking these factors into consideration, the Administrator finds it is currently not in the interest of railroad safety to lower the random drug testing rate for MOW employees. Therefore, for the period January 1, 2021, through December 31, 2021, the Administrator has determined that the minimum annual random drug testing rate will continue to be 50 percent for MOW employees. Because the random alcohol testing violation rate for MOW employees remained substantially below 0.5 percent for 2018 and 2019, and has been trending downwards, the Administrator has determined that the minimum annual random alcohol testing rate will be lowered to 10 percent for MOW employees for the period January 1, 2021, through December 31, 2021. BILLING CODE 4810–06–P Appendix 1 While the drug testing positive rate for covered service employees also increased from 0.50 percent in 2018 to 0.57 percent in 2019, a concerning trend upwards, 0.57 percent is far below the 0.80 positive rate for MOW employees and remains substantially below the 1.0 percent threshold for raising rates. E:\FR\FM\15DEN1.SGM 15DEN1 VerDate Sep<11>2014 Federal Register / Vol. 85, No. 241 / Tuesday, December 15, 2020 / Notices 17:35 Dec 14, 2020 Jkt 253001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4725 E:\FR\FM\15DEN1.SGM 15DEN1 EN15DE20.010</GPH> 81266 Issued in Washington, DC Quintin C. Kendall, Deputy Administrator. National Highway Traffic Safety Administration importation into the United States because they are substantially similar to vehicles that were originally manufactured for sale in the United States and that were certified by their manufacturer as complying with the safety standards (the U.S.-certified version of the 2014–2018 Chevrolet Silverado TKs) and are capable of being readily altered to conform to the standards. [Docket No. NHTSA–2020–0108; Notice 1] DATES: [FR Doc. 2020–27521 Filed 12–14–20; 8:45 am] BILLING CODE 4910–06–C DEPARTMENT OF TRANSPORTATION Notice of Receipt of Petition for Decision That Nonconforming Model Year 2014–2018 Chevrolet 2500 Trucks Are Eligible for Importation National Highway Traffic Safety Administration, Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: This document announces the National Highway Traffic Safety Administration (NHTSA) receipt of a petition for a decision that model year (MY) 2014–2018 Chevrolet 2500 Trucks (TKs) that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) with a GVWR range of 6,600–7,200 lbs, are eligible for SUMMARY: VerDate Sep<11>2014 17:35 Dec 14, 2020 Jkt 253001 The closing date for comments on the petition is January 14, 2021. ADDRESSES: Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited in the title of this notice and may be submitted by any of the following methods: • Mail: Send comments by mail addressed to the U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver comments by hand to the U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. The PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 81267 Docket Section is open on weekdays from 10 a.m. to 5 p.m. except for Federal Holidays. • Electronically: Submit comments electronically by logging onto the Federal Docket Management System (FDMS) website at https:// www.regulations.gov/. Follow the online instructions for submitting comments. • Comments may also be faxed to (202) 493–2251. Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that comments you have submitted by mail were received, please enclose a stamped, self-addressed postcard along with the comments. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. All comments and supporting materials received before the close of business on the closing date indicated above will be filed in the docket and will be considered. All comments and supporting materials received after the E:\FR\FM\15DEN1.SGM 15DEN1 EN15DE20.011</GPH> Federal Register / Vol. 85, No. 241 / Tuesday, December 15, 2020 / Notices

Agencies

[Federal Register Volume 85, Number 241 (Tuesday, December 15, 2020)]
[Notices]
[Pages 81265-81267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27521]



[[Page 81265]]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2001-11213, Notice No. 25]


Drug and Alcohol Testing: Determination of Minimum Random Testing 
Rates for 2021

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notification of determination.

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

SUMMARY: This notification of determination announces FRA's minimum 
annual random drug and minimum annual random alcohol testing rates for 
covered service and maintenance-of-way (MOW) employees for calendar 
year 2021.

DATES: This determination takes effect December 15, 2020.

FOR FURTHER INFORMATION CONTACT: Gerald Powers, FRA Drug and Alcohol 
Program Manager, by email: [email protected] or by telephone: 202-
493-6313; or Sam Noe, FRA Drug and Alcohol Program Specialist, by 
email: [email protected] or by telephone: 615-719-2951.

SUPPLEMENTARY INFORMATION: FRA is announcing the 2021 minimum annual 
random drug and alcohol testing rates for covered service and MOW 
employees. For calendar year 2021, 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 will be lowered to 10 percent for alcohol. Because these 
rates represent minimums, railroads and contractors may conduct FRA 
random testing at higher rates.

Discussion

    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). FRA has also, however, reserved the right to consider factors 
other than MIS-reported data before deciding whether to lower annual 
minimum random testing rates. See 63 FR 71789 (Dec. 30, 1998).

Random Testing Rates for Covered Service Employees

    The rail industry's random drug testing positive rate for covered 
service employees (employees subject to the Federal hours of service 
laws and regulations) remained below 1.0 percent for 2018 and 2019. The 
Administrator has therefore determined the minimum annual random drug 
testing rate for the period January 1, 2021, through December 31, 2021, 
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 2018 and 2019. 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, 2021, through December 31, 2021.

Random Testing Rates for MOW Employees

    MOW employees became subject to FRA random drug and alcohol testing 
in June 2017. See 81 FR 37894 (June 10, 2016). FRA now has MIS data for 
two full consecutive years of the industry-wide performance rates for 
MOW employees, 2018 and 2019. While FRA may lower the minimum random 
drug testing rate to 25 percent whenever the industry-wide random drug 
positive rate is less than 1.0 percent for two consecutive calendar 
years while testing at the 50 percent rate, FRA has reserved the right 
to consider other factors before deciding whether to lower annual 
minimum random testing rates. See 63 FR 71789 (Dec. 30, 1998).
    As illustrated in the figures in the appendix below, in contrast to 
the drug testing positive rate for covered service employees that 
remained substantially below 1.0 percent for 2018 and 2019, the random 
drug testing positive rate for MOW employees is not only trending 
upwards, but also approaching the 1.0 percent positive rate threshold 
at which point the Administrator will raise the drug testing rate under 
49 CFR 219.625(d)(2). Specifically, the industry-wide random drug 
testing violation rate for MOW employees increased from 0.69 percent in 
2018 to 0.8 percent in 2019, and MOW employees continue to have a 
higher positive testing rate than covered service employees.\1\ The 
Administrator further notes that MOW employees who were performing 
duties for a railroad before June 12, 2017, were exempted from the pre-
employment drug testing requirement. See 49 CFR 219.501(e). As such, 
some MOW employees may remain who have never been subject to FRA drug 
testing because they have not yet been randomly selected.
---------------------------------------------------------------------------

    \1\ While the drug testing positive rate for covered service 
employees also increased from 0.50 percent in 2018 to 0.57 percent 
in 2019, a concerning trend upwards, 0.57 percent is far below the 
0.80 positive rate for MOW employees and remains substantially below 
the 1.0 percent threshold for raising rates.
---------------------------------------------------------------------------

    Taking these factors into consideration, the Administrator finds it 
is currently not in the interest of railroad safety to lower the random 
drug testing rate for MOW employees. Therefore, for the period January 
1, 2021, through December 31, 2021, the Administrator has determined 
that the minimum annual random drug testing rate will continue to be 50 
percent for MOW employees.
    Because the random alcohol testing violation rate for MOW employees 
remained substantially below 0.5 percent for 2018 and 2019, and has 
been trending downwards, the Administrator has determined that the 
minimum annual random alcohol testing rate will be lowered to 10 
percent for MOW employees for the period January 1, 2021, through 
December 31, 2021.
BILLING CODE 4810-06-P

Appendix

[[Page 81266]]

[GRAPHIC] [TIFF OMITTED] TN15DE20.010


[[Page 81267]]


[GRAPHIC] [TIFF OMITTED] TN15DE20.011


    Issued in Washington, DC
Quintin C. Kendall,
Deputy Administrator.
[FR Doc. 2020-27521 Filed 12-14-20; 8:45 am]
BILLING CODE 4910-06-C

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