Drug and Alcohol Testing: Determination of Minimum Random Testing Rates for 2023, 77934 [2022-27553]

Download as PDF 77934 Federal Register / Vol. 87, No. 243 / Tuesday, December 20, 2022 / Notices DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2001–11213, Notice No. 27] Drug and Alcohol Testing: Determination of Minimum Random Testing Rates for 2023 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 employees performing covered service under the hours of service laws (HOS employees), maintenance-of-way (MOW) employees, and mechanical (MECH) employees for calendar year 2023. DATES: This determination takes effect December 20, 2022. 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 Melissa Van Dermeir, FRA Drug and Alcohol Program Specialist, by email: melissa.vandermeir@dot.gov or by telephone: 312–720–9491. SUPPLEMENTARY INFORMATION: Each year, FRA sets its minimum annual random testing rates after considering the last two complete calendar years of railroad industry drug and alcohol program data submitted to its Management Information System (MIS). FRA, however, reserves the right to consider factors other than MIS-reported data before deciding whether to lower annual minimum random testing rates. See 85 FR 81265 (Dec. 15, 2020). FRA is announcing that its minimum annual random drug and alcohol testing rates for calendar year 2023 will continue to be as follows: • HOS employees–25 percent for drugs and 10 percent for alcohol. • MOW employees–25 percent for drugs and 10 percent for alcohol. • MECH employees–50 percent for drugs and 25 percent for alcohol. Because these rates represent minimums, railroads and railroad contractors may conduct FRA random testing at higher rates. lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: Discussion The rail industry’s random drug testing positive rate for HOS employees 18:41 Dec 19, 2022 Jkt 259001 Random Testing Rates for MOW Employees The rail industry’s random drug testing positive rate for MOW employees remained below 1.0 percent for 2020 and 2021. The Administrator has therefore determined the minimum annual random drug testing rate for MOW employees will remain at 25 percent for the period January 1, 2023, through December 31, 2023. The industry-wide random alcohol testing violation rate for MOW employees remained below 0.5 percent for 2020 and 2021. The Administrator has therefore determined the minimum random alcohol testing rate for MOW employees will remain at 10 percent for the period January 1, 2023, through December 31, 2023. Random Testing Rates for MECH Employees On February 2, 2022, FRA expanded the scope of its drug and alcohol regulation (49 CFR part 219) to add MECH employees. See 87 FR 5719. As it did with HOS employees and MOW employees when they first became subject to random testing, FRA set the initial minimum annual random testing rates for MECH employees at 50 percent for drugs and 25 percent for alcohol. FRA does not yet have the two full years of MIS data required to adjust the random testing rates for MECH employees. The Administrator has therefore determined that the minimum random testing rates for MECH employees will remain at 50 percent for drugs and 25 percent for alcohol for the period January 1, 2023, through December 31, 2023. Issued in Washington, DC. Amitabha Bose, Administrator. Random Testing Rates for HOS Employees VerDate Sep<11>2014 remained below 1.0 percent for 2020 and 2021. The Administrator has therefore determined the minimum annual random drug testing rate for HOS employees will remain at 25 percent for the period January 1, 2023, through December 31, 2023. The industry-wide random alcohol testing violation rate for HOS employees remained below 0.5 percent for 2020 and 2021. The Administrator has therefore determined the minimum random alcohol testing rate for HOS employees will remain at 10 percent for the period January 1, 2023, through December 31, 2023. [FR Doc. 2022–27553 Filed 12–19–22; 8:45 am] BILLING CODE 4910–06–P PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2022–0263] Coastwise Endorsement Eligibility Determination for a Foreign-Built Vessel: JESSIE JAMES (Motor); Invitation for Public Comments Maritime Administration, DOT. Notice. AGENCY: ACTION: The Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to issue coastwise endorsement eligibility determinations for foreign-built vessels which will carry no more than twelve passengers for hire. A request for such a determination has been received by MARAD. By this notice, MARAD seeks comments from interested parties as to any effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.flag vessels. Information about the requestor’s vessel, including a brief description of the proposed service, is listed below. DATES: Submit comments on or before January 19, 2023. ADDRESSES: You may submit comments identified by DOT Docket Number MARAD–2022–0263 by any one of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Search MARAD–2022–0263 and follow the instructions for submitting comments. • Mail or Hand Delivery: Docket Management Facility is in the West Building, Ground Floor of the U.S. Department of Transportation. The Docket Management Facility location address is: U.S. Department of Transportation, MARAD–2022–0263, 1200 New Jersey Avenue SE, West Building, Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except on Federal holidays. SUMMARY: Note: If you mail or hand-deliver your comments, we recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. Instructions: All submissions received must include the agency name and specific docket number. All comments received will be posted without change to the docket at www.regulations.gov, including any personal information provided. For detailed instructions on submitting comments, or to submit comments that are confidential in E:\FR\FM\20DEN1.SGM 20DEN1

Agencies

[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Notices]
[Page 77934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27553]



[[Page 77934]]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2001-11213, Notice No. 27]


Drug and Alcohol Testing: Determination of Minimum Random Testing 
Rates for 2023

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 
employees performing covered service under the hours of service laws 
(HOS employees), maintenance-of-way (MOW) employees, and mechanical 
(MECH) employees for calendar year 2023.

DATES: This determination takes effect December 20, 2022.

FOR FURTHER INFORMATION CONTACT: Gerald Powers, FRA Drug and Alcohol 
Program Manager, by email: [email protected] or by telephone: 202-
493-6313; or Melissa Van Dermeir, FRA Drug and Alcohol Program 
Specialist, by email: [email protected] or by telephone: 312-
720-9491.

SUPPLEMENTARY INFORMATION: Each year, FRA sets its minimum annual 
random testing rates after considering the last two complete calendar 
years of railroad industry drug and alcohol program data submitted to 
its Management Information System (MIS). FRA, however, reserves the 
right to consider factors other than MIS-reported data before deciding 
whether to lower annual minimum random testing rates. See 85 FR 81265 
(Dec. 15, 2020).
    FRA is announcing that its minimum annual random drug and alcohol 
testing rates for calendar year 2023 will continue to be as follows:
     HOS employees-25 percent for drugs and 10 percent for 
alcohol.
     MOW employees-25 percent for drugs and 10 percent for 
alcohol.
     MECH employees-50 percent for drugs and 25 percent for 
alcohol.
    Because these rates represent minimums, railroads and railroad 
contractors may conduct FRA random testing at higher rates.

Discussion

Random Testing Rates for HOS Employees

    The rail industry's random drug testing positive rate for HOS 
employees remained below 1.0 percent for 2020 and 2021. The 
Administrator has therefore determined the minimum annual random drug 
testing rate for HOS employees will remain at 25 percent for the period 
January 1, 2023, through December 31, 2023. The industry-wide random 
alcohol testing violation rate for HOS employees remained below 0.5 
percent for 2020 and 2021. The Administrator has therefore determined 
the minimum random alcohol testing rate for HOS employees will remain 
at 10 percent for the period January 1, 2023, through December 31, 
2023.

Random Testing Rates for MOW Employees

    The rail industry's random drug testing positive rate for MOW 
employees remained below 1.0 percent for 2020 and 2021. The 
Administrator has therefore determined the minimum annual random drug 
testing rate for MOW employees will remain at 25 percent for the period 
January 1, 2023, through December 31, 2023. The industry-wide random 
alcohol testing violation rate for MOW employees remained below 0.5 
percent for 2020 and 2021. The Administrator has therefore determined 
the minimum random alcohol testing rate for MOW employees will remain 
at 10 percent for the period January 1, 2023, through December 31, 
2023.

Random Testing Rates for MECH Employees

    On February 2, 2022, FRA expanded the scope of its drug and alcohol 
regulation (49 CFR part 219) to add MECH employees. See 87 FR 5719. As 
it did with HOS employees and MOW employees when they first became 
subject to random testing, FRA set the initial minimum annual random 
testing rates for MECH employees at 50 percent for drugs and 25 percent 
for alcohol. FRA does not yet have the two full years of MIS data 
required to adjust the random testing rates for MECH employees. The 
Administrator has therefore determined that the minimum random testing 
rates for MECH employees will remain at 50 percent for drugs and 25 
percent for alcohol for the period January 1, 2023, through December 
31, 2023.

    Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2022-27553 Filed 12-19-22; 8:45 am]
BILLING CODE 4910-06-P


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