80_FR_14291 80 FR 14239 - Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations

80 FR 14239 - Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 80, Issue 52 (March 18, 2015)

Page Range14239-14240
FR Document2015-06225

This notice announces the 2015 random testing rates for employers subject to the Federal Transit Administration's (FTA) drug and alcohol rules.

Federal Register, Volume 80 Issue 52 (Wednesday, March 18, 2015) 
[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Notices]
[Pages 14239-14240]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06225]


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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 2015.

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SUMMARY: This notice announces the 2015 random testing rates for 
employers subject to the Federal Transit Administration's (FTA) drug 
and alcohol rules.

DATES: Effective Date: January 1, 2015.

FOR FURTHER INFORMATION CONTACT: Iyon Rosario, Drug and Alcohol Program 
Manager for 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. 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 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 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 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 0.04 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 Acting 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 Acting 
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 Acting Administrator has determined that the random drug 
testing rate will remain at 25 percent for 2015 due to a ``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 0.74 percent for 2013 and 0.87 percent for 2014.
    The Acting Administrator also has determined that the random 
alcohol testing rate for 2015 will remain at 10 percent because the 
random alcohol violation rate was again lower than 0.5 percent for the 
two preceding consecutive years due. The random alcohol rates for the 
two preceding years are 0.12 percent for 2013 and 0.14 percent for 
2014.
    Detailed reports on the FTA drug and alcohol testing data collected 
from transit employers may be obtained from the FTA, Office of Transit 
Safety and Oversight, 1200 New Jersey Avenue SE., Washington, DC 20590, 
(202) 366-2010

[[Page 14240]]

or at http://transit-safety.fta.dot.gov/publications/Default.aspx

    Issued in Washington, DC, pursuant to authority under 49 CFR 
1.91.
Therese McMillan,
Acting Administrator.
[FR Doc. 2015-06225 Filed 3-17-15; 8:45 am]
 BILLING CODE 4910-57-P

Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices 14239 valves cause mechanical damage to the DEPARTMENT OF TRANSPORTATION refusals of random tests required by 49 valves, which leads to the destruction of CFR part 655). the valves’ seal integrity and that the 3 Federal Transit Administration The alcohol provisions provide the inch valves, as well as similarly- random rate may be lowered to 10 Prevention of Alcohol Misuse and percent if the ‘‘violation rate’’ for the designed 1 inch and 2 inch valves Prohibited Drug Use in Transit entire transit industry is less than 0.5 provided by this manufacturer are not Operations percent for two consecutive years. It approved for use on tank cars. FRA is issuing this Railworthiness Directive will remain at 25 percent if the AGENCY: Federal Transit Administration ‘‘violation rate’’ is equal to or greater (Directive) to all owners of tank cars (FTA), DOT. than 0.5 percent but less than one used to transport hazardous materials ACTION: Notice of random drug and percent, and it will be raised to 50 within the United States to ensure they alcohol testing rates for 2015. percent if the ‘‘violation rate’’ is one identify and appropriately remove and percent or greater for any one year replace these valves with approved SUMMARY: This notice announces the (‘‘violation rate’’ means the number of valves consistent with Federal 2015 random testing rates for employers covered employees found during regulations. subject to the Federal Transit random tests administered under 49 Administration’s (FTA) drug and CFR 655.45 to have an alcohol As provided under 5 CFR 1320.13, alcohol rules. Emergency Processing, DOT is concentration of 0.04 or greater, plus the DATES: Effective Date: January 1, 2015. number of employees who refuse a requesting emergency processing for this new collection of information as FOR FURTHER INFORMATION CONTACT: Iyon random test required by 49 CFR 655.49, specified in the Paperwork Reduction Rosario, Drug and Alcohol Program divided by the total reported number of Act of 1995 and its implementing Manager for the Office of Transit Safety random alcohol tests plus the total regulations. DOT cannot reasonably and Oversight, 1200 New Jersey Avenue number of refusals of random tests SE., Washington, DC 20590 (telephone: required by 49 CFR part 655). comply with normal clearance Pursuant to 49 CFR 655.45(b), the procedures because the use of normal 202–366–2010 or email: Iyon.Rosario@ dot.gov). Acting Administrator’s decision to clearance procedures is reasonably increase or decrease the minimum likely to disrupt the collection of SUPPLEMENTARY INFORMATION: On annual percentage rate for random drug information. Further, in light of recent January 1, 1995, FTA required large and alcohol testing is based, in part, on tank car accidents/incidents carrying transit employers to begin drug and the reported positive drug and alcohol crude oil, FRA believes safety is an alcohol testing employees performing violation rates for the entire industry. overriding issue. The Directive takes safety-sensitive functions and submit The information used for this effect immediately upon issuance. FRA annual reports by March 15 of each year determination is drawn from the drug cannot wait the normal 90- to 180-day beginning in 1996. The annual report and alcohol Management Information period for routine Office of Management includes the number of employees who System (MIS) reports required by 49 and Budget (OMB) review and approval. had a verified positive for the use of CFR part 655. In determining the prohibited drugs, and the number of reliability of the data, the Acting Under the Directive, tank car owners employees who tested positive for the Administrator considers the quality and must take immediate action to identify, misuse of alcohol during the reported completeness of the reported data, or inspect, and repair the valves. year. Small employers commenced their Therefore, FRA is requesting OMB may obtain additional information or FTA-required testing on January 1, reports from employers, and make approval of this collection of 1996, and began reporting the same information upon publication of this appropriate modifications in calculating information as the large employers the industry’s verified positive results Notice in the Federal Register. beginning March 15, 1997. The testing and violation rates. Upon OMB approval of its emergency rules were updated on August 1, 2001, The Acting Administrator has clearance request, FRA will follow the and established a random testing rate for determined that the random drug testing normal clearance procedures for the prohibited drugs and the misuse of rate will remain at 25 percent for 2015 information collection associated with alcohol. due to a ‘‘positive rate’’ lower than 1.0 this Railworthiness Directive. The rules require employers conduct percent for random drug test data for the random drug tests at a rate equivalent to two preceding calendar years. The Pursuant to 44 U.S.C. 3507(a) and 5 at least 50 percent of their total number random drug rates for the two preceding CFR 320.5(b), 1320.8(b)(3)(vi), FRA of safety-sensitive employees for years are 0.74 percent for 2013 and 0.87 informs all interested parties that it may prohibited drug use and at least 25 percent for 2014. not conduct or sponsor, and a percent for the misuse of alcohol. The Acting Administrator also has respondent is not required to respond However, the rules provide the drug determined that the random alcohol to, a collection of information unless it random testing rate may be lowered to testing rate for 2015 will remain at 10 displays a currently valid OMB control 25 percent if the ‘‘positive rate’’ for the percent because the random alcohol number. entire transit industry is less than one violation rate was again lower than 0.5 Authority: 44 U.S.C. 3501–3520. percent for two preceding consecutive percent for the two preceding years. Once lowered, the random rates consecutive years due. The random Rebecca Pennington, may be raised to 50 percent if the alcohol rates for the two preceding years mstockstill on DSK4VPTVN1PROD with NOTICES Chief Financial Officer. positive rate equals or exceeds one are 0.12 percent for 2013 and 0.14 [FR Doc. 2015–06214 Filed 3–17–15; 8:45 am] percent for any one year (‘‘positive rate’’ percent for 2014. BILLING CODE 4910–06–P means the number of positive results for Detailed reports on the FTA drug and random drug tests conducted under 49 alcohol testing data collected from CFR 655.45 plus the number of refusals transit employers may be obtained from of random tests required by 49 CFR the FTA, Office of Transit Safety and 655.49, divided by the total number of Oversight, 1200 New Jersey Avenue SE., random drug tests, plus the number of Washington, DC 20590, (202) 366–2010 VerDate Sep<11>2014 19:00 Mar 17, 2015 Jkt 235001 PO 00000 Frm 00170 Fmt 4703 Sfmt 4703 E:\FR\FM\18MRN1.SGM 18MRN1

14240 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices or at http://transit-safety.fta.dot.gov/ museum for the Ottumwa Naval Air ACTION:Notice of applications for publications/Default.aspx Station history. On March 12, 2015, the exemptions, request for comments. Issued in Washington, DC, pursuant to FAA determined that the request to release property at the Ottumwa SUMMARY: FMCSA announces receipt of authority under 49 CFR 1.91. Regional Airport (OTM) submitted by applications from 21 individuals for Therese McMillan, the Sponsor meets the procedural exemption from the vision requirement Acting Administrator. in the Federal Motor Carrier Safety requirements of the Federal Aviation [FR Doc. 2015–06225 Filed 3–17–15; 8:45 am] Regulations. They are unable to meet Administration and the release of the BILLING CODE 4910–57–P property does not and will not impact the vision requirement in one eye for future aviation needs at the airport. The various reasons. The exemptions will FAA may approve the request, in whole enable these individuals to operate DEPARTMENT OF TRANSPORTATION commercial motor vehicles (CMVs) in or in part, no sooner than thirty days after the publication of this Notice. interstate commerce without meeting Federal Aviation Administration The following is a brief overview of the prescribed vision requirement in Notice of Request To Release Airport the request: one eye. If granted, the exemptions Property Ottumwa Regional Airport (OTM) is would enable these individuals to proposing the release of one parcel, Lot qualify as drivers of commercial motor AGENCY: Federal Aviation vehicles (CMVs) in interstate commerce. Administration (FAA), DOT. #7, containing 2.80 acres, more or less. The release of land is necessary to DATES: Comments must be received on ACTION: Notice of Intent to Rule on or before April 17, 2015. All comments comply with Federal Aviation Request to Release Airport Property at Administration Grant Assurances that will be investigated by FMCSA. The the Ottumwa Regional Airport (OTM), do not allow federally acquired airport exemptions will be issued the day after Ottumwa, Iowa. property to be used for non-aviation the comment period closes. SUMMARY: The FAA proposes to rule and purposes. The sale of the subject ADDRESSES: You may submit comments invites public comment on the release of property will result in the land at the bearing the Federal Docket Management land, Lot #7, 14550 Terminal Ave., at Ottumwa Regional Airport (OTM) being System (FDMS) Docket No. FMCSA– the Ottumwa Regional Airport, changed from aeronautical to non- 2014–0303 using any of the following Ottumwa, Iowa, under the provisions of aeronautical use and release the lands methods: 49 U.S.C. 47107(h)(2). from the conditions of the Airport • Federal eRulemaking Portal: Go to Improvement Program Grant Agreement http://www.regulations.gov. Follow the DATES: Comments must be received on Grant Assurances. In accordance with on-line instructions for submitting or before April 17, 2015. 49 U.S.C. 47107(c)(2)(B)(i) and (iii), the comments. ADDRESSES: Comments on this airport will receive fair market value for • Mail: Docket Management Facility; application may be mailed or delivered the property, which will be U.S. Department of Transportation, 1200 to the FAA at the following address: subsequently reinvested in another New Jersey Avenue SE., West Building Lynn D. Martin, Airports Compliance eligible airport improvement project for Ground Floor, Room W12–140, Specialist, Federal Aviation general aviation facilities at the Washington, DC 20590–0001. Administration, Airports Division, Ottumwa Regional Airport. • Hand Delivery: West Building ACE–610C, 901 Locust Room 364, Any person may inspect, by Ground Floor, Room W12–140, 1200 Kansas City, MO 64106. appointment, the request in person at New Jersey Avenue SE., Washington, In addition, one copy of any the FAA office listed above under FOR DC, between 9 a.m. and 5 p.m., Monday comments submitted to the FAA must FURTHER INFORMATION CONTACT. In through Friday, except Federal be mailed or delivered to: Tom Francis, addition, any person may, upon Holidays. Airport Manager, C/O Ottumwa appointment and request, inspect the • Fax: 1–202–493–2251. Regional Airport 14802 Terminal St. application, notice and other documents Instructions: Each submission must Ottumwa, IA 50501, 641–683–0619. determined by the FAA to be related to include the Agency name and the FOR FURTHER INFORMATION CONTACT: the application in person at the docket numbers for this notice. Note Lynn D. Martin, Airports Compliance Ottumwa Regional Airport. that all comments received will be Specialist, Federal Aviation posted without change to http:// Issued in Kansas City, MO on March 12, Administration, Airports Division, 2015. www.regulations.gov, including any ACE–610C, 901 Locust Room 364, personal information provided. Please Jim Johnson, Kansas City, MO 64106, (816) 329–2644, see the Privacy Act heading below for lynn.martin@faa.gov. Division Manager, Airports Division. further information. The request to release property may [FR Doc. 2015–06259 Filed 3–17–15; 8:45 am] Docket: For access to the docket to be reviewed, by appointment, in person BILLING CODE 4910–13–P read background documents or at this same location. comments, go to http:// SUPPLEMENTARY INFORMATION: The FAA www.regulations.gov at any time or DEPARTMENT OF TRANSPORTATION invites public comment on the request Room W12–140 on the ground level of to release approximately 2.80 acres of Federal Motor Carrier Safety the West Building, 1200 New Jersey airport property,14550 Terminal Ave., Administration Avenue SE., Washington, DC, between 9 mstockstill on DSK4VPTVN1PROD with NOTICES Lot #7, at the Ottumwa Regional Airport a.m. and 5 p.m., Monday through (OTM) under the provisions of 49 U.S.C. Friday, except Federal holidays. The [Docket No. FMCSA–2014–0303] 47107(h)(2). On March 4, 2015, the FDMS is available 24 hours each day, Airport Manager at the Ottumwa Qualification of Drivers; Exemption 365 days each year. If you want Regional Airport requested from the Applications; Vision acknowledgment that we received your FAA that approximately 2.80 acres of comments, please include a self- property, Lot #7, be released for sale to AGENCY:Federal Motor Carrier Safety addressed, stamped envelope or Friends of NAS Ottumwa for use as a Administration (FMCSA), DOT. postcard or print the acknowledgement VerDate Sep<11>2014 19:00 Mar 17, 2015 Jkt 235001 PO 00000 Frm 00171 Fmt 4703 Sfmt 4703 E:\FR\FM\18MRN1.SGM 18MRN1


Document Created: 2018-02-21 09:39:28
Document Modified: 2018-02-21 09:39:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of random drug and alcohol testing rates for 2015.
DatesEffective Date: January 1, 2015.
ContactIyon Rosario, Drug and Alcohol Program Manager for the Office of Transit Safety and Oversight, 1200 New Jersey Avenue SE., Washington, DC 20590 (telephone: 202-366-2010 or email: [email protected]).
FR Citation80 FR 14239 
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