80_FR_80930 80 FR 80682 - Alcohol and Drug Testing: Determination of Minimum Random Testing Rates for 2016

80 FR 80682 - Alcohol and Drug Testing: Determination of Minimum Random Testing Rates for 2016

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 80, Issue 248 (December 28, 2015)

Page Range80682-80683
FR Document2015-32544

This notice of determination provides the FRA Administrator's minimum annual random drug and alcohol testing rates for calendar year 2016.

Federal Register, Volume 80 Issue 248 (Monday, December 28, 2015) 
[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)]
[Rules and Regulations]
[Pages 80682-80683]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32544]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 219

[Docket No. FRA-2001-11213, Notice No. 20]


Alcohol and Drug Testing: Determination of Minimum Random Testing 
Rates for 2016

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

ACTION: Notice of determination.

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SUMMARY: This notice of determination provides the FRA Administrator's 
minimum annual random drug and alcohol testing rates for calendar year 
2016.

DATES: This notice of determination is effective December 28, 2015.

FOR FURTHER INFORMATION CONTACT: Jerry 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, (telephone 615-719-
2951).

SUPPLEMENTARY INFORMATION: FRA determines the minimum annual random 
drug testing rate and minimum random alcohol testing rate for the next 
calendar year based on railroad industry data available for two 
previous calendar years (for this Notice, calendar years 2013 and 
2014). Railroad industry data submitted to FRA's Management Information 
System shows the rail industry's random drug testing positive rate 
remained below 1.0 percent for the applicable two calendar years. FRA's 
Administrator has therefore determined the minimum annual random drug 
testing rate for the period January 1, 2016, through December 31, 2016, 
will remain at 25 percent of covered railroad employees under 49 CFR 
219.602. In addition, because the industry-wide random alcohol testing 
violation rate remained below 0.5 percent for the applicable two 
calendar years, the Administrator has determined the minimum random 
alcohol testing rate will remain at 10 percent of covered railroad 
employees for the period January 1, 2016, through December 31, 2016 
under 49 CFR 219.608. Because these rates represent minimums, railroads 
may conduct FRA random testing at higher rates.


[[Page 80683]]


    Issued in Washington, DC on December 21, 2015.
Sarah Feinberg,
Administrator.
[FR Doc. 2015-32544 Filed 12-24-15; 8:45 am]
 BILLING CODE 4910-06-P

80682 Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations Chapter 335, Subchapter B—Hazardous TexReg 970, effective February 21, 2013); DEPARTMENT OF TRANSPORTATION Waste Management General Provisions, 335.151(b); 335.151(c) (38 TexReg 970, Sections 335.41(a)–(c); 335.41(d) (except effective February 21, 2013); 335.151(d); Federal Railroad Administration (d)(1) and (d)(5)–(8)); 335.41(d)(1) (December 335.151(e) (38 TexReg 970, effective February 31, 2001); 335.41(e)–(j); 335.43(a); 335.44; 21, 2013); 335.151(f); 335.152(a) introductory 335.45; 335.47 (except 335.47(b) and the paragraph; 335.152(a)(1) (38 TexReg 970, 49 CFR Part 219 second sentence in (c)(3)); 335.47(b) effective February 21, 2013); 335.152(a)(2); (December 31, 1999); 335.152(a)(3) and (4) (38 TexReg 970, [Docket No. FRA–2001–11213, Notice No. Chapter 335, Subchapter C—Standards effective February 21, 2013); 335.152(a)(5)– 20] Applicable to Generators of Hazardous (8); 335.152(a)(9) (38 TexReg 970, effective Waste, Sections 335.61(a) and (b) (38 TexReg February 21, 2013); 335.152(a)(10) and (11); Alcohol and Drug Testing: 970, effective February 21, 2013); 335.61(c); 335.152(a)(12) (38 TexReg 970, effective 335.61(d) (38 TexReg 970, effective February Determination of Minimum Random February 21, 2013); 335.152(a)(13); Testing Rates for 2016 21, 2013); 335.61(e), (g), and (h); 335.61(i) (38 335.152(a)(14) (38 TexReg 970, effective TexReg 970, effective February 21, 2013); February 21, 2013); 335.152(a)(15)–(22); AGENCY: Federal Railroad 335.62 (38 TexReg 970, effective February 21, 335.152(b); 335.152(c) (except (c)(7)); 2013); 335.63; 335.65 through 335.68; Administration (FRA), Department of 335.152(c)(7) (38 TexReg 970, effective 335.69(a) (except ‘‘and (n)’’ in the Transportation (DOT). introductory paragraph; (a)(4)(B) and February 21, 2013); 335.152(d); 335.153; (a)(4)(C)); 335.69(a)(4)(B) and (C) (38 TexReg 335.155 introductory paragraph (38 TexReg ACTION: Notice of determination. 970, effective February 21, 2013); 335.69(b) 970, effective February 21, 2013); 335.155(1) (38 TexReg 970, effective February 21, 2013); and (2); 335.155(3) (38 TexReg 970, effective February 21, 2013); 335.156 through 335.167; SUMMARY: This notice of determination 335.69(c), 335.69(d) and (e) (38 TexReg 970, provides the FRA Administrator’s effective February 21, 2013); 335.69(f) (except 335.168 (except (c)); 335.168(c) (38 TexReg (f)(4)(C)); 335.69(f)(4)(C) and (D) (38 TexReg 970, effective February 21, 2013); 335.169; minimum annual random drug and 970, effective February 21, 2013); 335.69(g), 335.170 (except (c)); 335.170(c) (38 TexReg alcohol testing rates for calendar year (h), and (j)–(l); 335.69(m) (38 TexReg 970, 970, effective February 21, 2013); 335.171 2016. effective February 21, 2013); 335.70; 335.71; through 335.179; 335.73 through 335.75; 335.76(a) (38 TexReg Chapter 335, Subchapter G—Location DATES: This notice of determination is 970, effective February 21, 2013); 335.76(b); Standards for Hazardous Waste Storage, effective December 28, 2015. 335.76(c) and (d) (38 TexReg 970, effective Processing, or Disposal, Sections 335.201(a) February 21, 2013); 335.76(e); 335.76(f) (38 (except (a)(3)); 335.201(c); 335.202 FOR FURTHER INFORMATION CONTACT: Jerry TexReg 970, effective February 21, 2013); introductory paragraph; 335.202(2), (4), (9)– Powers, FRA Drug and Alcohol Program 335.76(g); 335.77; 335.78(a); 335.78(b) (11), (13), (15)–(18); 335.203; 335.204(a) Manager, W33–310, Federal Railroad (January 1, 1997); 335.78(c) (38 TexReg 970, introductory paragraph–(a)(5); 335.204(b)(1)– Administration, 1200 New Jersey effective February 21, 2013); 335.78(d) (6); 335.204(c)(1)–(5); 335.204(d)(1)–(5); Avenue SE., Washington, DC 20590, (except (d)(2)); 335.78(e) introductory 335.204(e) introductory paragraph; (telephone 202–493–6313); or Sam Noe, paragraph (January 1, 1997); 335.78(e)(1) and 335.204(e)(1) introductory paragraph (except FRA Drug and Alcohol Program (2); 335.78(f) introductory paragraph and the phrase ‘‘Except as . . . (B) of this Specialist, (telephone 615–719–2951). (f)(1) (38 TexReg 970, effective February 21, paragraph,’’ and the word ‘‘event’’ at the end 2013); 335.78(f)(2) (January 1, 1997); of the paragraph); 335.204(e)(2)–(7); SUPPLEMENTARY INFORMATION: FRA 335.78(f)(3) (except 335.78(f)(3)(A)); 335.204(f); 335.205(a) introductory determines the minimum annual 335.78(f)(3)(A) (38 TexReg 970, effective paragraph—(a)(2) and (e); random drug testing rate and minimum February 21, 2013); 335.78(g) (except (g)(2)); Chapter 335, Subchapter H—Standards for 335.78(g)(2) (January 1, 1997); 335.78(h) and random alcohol testing rate for the next the Management of Specific Wastes and (i); 335.78(j) (38 TexReg 970, effective Specific Types of Facilities, Sections calendar year based on railroad industry February 21, 2013); 335.79 (38 TexReg 970, 335.211; 335.212; 335.213 (38 TexReg 970, data available for two previous calendar effective February 21, 2013); effective February 21, 2013); 335.214; years (for this Notice, calendar years Chapter 335, Subchapter D—Standards 335.221; 335.222(except (c)(1)); 335.222(c)(1) 2013 and 2014). Railroad industry data Applicable to Transporters of Hazardous (38 TexReg 970, effective February 21, 2013); submitted to FRA’s Management Waste, Sections 335.91 (except (e)); 335.92; 335.223 through 335.225; 335.241(except Information System shows the rail 335.93 (except (e)); 335.93(e) (December 31, (b)(4)); 335.251 (38 TexReg 970, effective industry’s random drug testing positive 1999); 335.94 (except the phrase ‘‘owned or February 21, 2013); 335.261 (except (e)); operated by a registered transporter’’ in (a) rate remained below 1.0 percent for the 335.271; 335.272; introductory paragraph); applicable two calendar years. FRA’s Chapter 335, Subchapter O—Land Disposal Chapter 335, Subchapter E—Interim Restrictions, Section 335.431 (except (c)(1)); Administrator has therefore determined Standards for Owners and Operators of 335.431(c)(1) (38 TexReg 970, effective the minimum annual random drug Hazardous Waste Storage, Processing, or February 21, 2013); testing rate for the period January 1, Disposal Facilities, Sections 335.111(a) and Chapter 335, Subchapter R—Waste 2016, through December 31, 2016, will (b) (38 TexReg 970, effective February 21, Classification, Sections 335.504 introductory remain at 25 percent of covered railroad 2013), 335.111(c)–(e); 335.112(a) introductory paragraph; 335.504(1)–(3) (38 TexReg 970, employees under 49 CFR 219.602. In paragraph; 335.112(a)(1) (38 TexReg 970, effective February 21, 2013); effective February 21, 2013); 335.112(a)(2); addition, because the industry-wide Subchapter U, Standards For Owners And random alcohol testing violation rate 335.112(a)(3) and (4) (38 TexReg 970, Operators Of Hazardous Waste Facilities effective February 21, 2013); 335.112(a)(5)– remained below 0.5 percent for the Operating Under A Standard Permit, Sections (12); 335.112(a)(13) and (14) (38 TexReg 970, 601 and 602. applicable two calendar years, the effective February 21, 2013); 335.112(a)(15) Copies of the Texas regulations that are Administrator has determined the and (16); 335.112(a)(18)–(24); 335.112(b) incorporated by reference are available from minimum random alcohol testing rate mstockstill on DSK4VPTVN1PROD with RULES (except (b)(4)(K) and (b)(7)); 335.112(b)(4)(K) West Group Publishing, 610 Opperman will remain at 10 percent of covered and (b)(7) (38 TexReg 970, effective February Drive, Eagan, 55123, ATTENTION: Order railroad employees for the period 21, 2013); 335.112(c); 335.113; 335.115 Entry; Phone: 1–800–328–9352; Web site: through 335.128; January 1, 2016, through December 31, http://west.thomson.com. 2016 under 49 CFR 219.608. Because Chapter 335, Subchapter F—Permitting Standards for Owners and Operators of * * * * * these rates represent minimums, Hazardous Waste Storage, Processing, or [FR Doc. 2015–31881 Filed 12–24–15; 8:45 am] railroads may conduct FRA random Disposal Facilities, Sections 335.151(a) (38 BILLING CODE 6560–50–P testing at higher rates. VerDate Sep<11>2014 13:41 Dec 24, 2015 Jkt 238001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\28DER1.SGM 28DER1

Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations 80683 Issued in Washington, DC on December 21, explosion, act of God, or other event result, the formula utilized to calculate 2015. involving the operation of railroad on- the threshold may change. FRA intends Sarah Feinberg, track equipment (standing or moving) to reexamine its method for calculating Administrator. that results in damages to railroad on- the reporting threshold because new [FR Doc. 2015–32544 Filed 12–24–15; 8:45 am] track equipment, signals, tracks, track methodologies for calculating the BILLING CODE 4910–06–P structures, or roadbed, including labor threshold are available. FRA believes costs and the costs for acquiring new updating its methodology to include equipment and material, greater than these advances will ensure the reporting DEPARTMENT OF TRANSPORTATION the reporting threshold for the year in threshold reflects changes in equipment which the event occurs. 49 CFR and labor costs as accurately as possible. Federal Railroad Administration 225.19(c). Each rail equipment accident/ Maintaining Current Reporting incident must be reported to FRA using Threshold 49 CFR Part 225 the Rail Equipment Accident/Incident Report (Form FRA F 6180.54). See 49 Approximately one year has passed [FRA–2008–0136, Notice No. 8] CFR 225.19(b), (c) and 225.21(a). since FRA reviewed the rail equipment RIN 2130–ZA13 Paragraphs (c) and (e) of 49 CFR 225.19 accident/incident reporting threshold. further provide that FRA will adjust the See 79 FR 77397, Dec. 24, 2014. Monetary Threshold for Reporting Rail dollar figure that constitutes the Consequently, FRA reviewed the Equipment Accidents/Incidents for reporting threshold for rail equipment threshold as 49 CFR 225.19(c) requires, Calendar Year 2016 accidents/incidents, if necessary, every and found that costs for labor remained AGENCY: Federal Railroad year under the procedures in appendix the same and costs for equipment Administration (FRA), Department of B to 49 CFR part 225 (Appendix B) to increased only slightly relative to reflect any cost increases or decreases. approximately one year ago. Transportation (DOT). In this rule, FRA is keeping the In reviewing the threshold, FRA ACTION: Final rule. gathered wage and equipment data from monetary threshold for CY 2016, at SUMMARY: This rule maintains the rail $10,500, the same as the monetary the STB and BLS respectively. Under equipment accident/incident monetary threshold for CY 2014 and CY 2015. the procedure in Appendix B, FRA reporting threshold at $10,500 for FRA is maintaining the reporting averaged the wages for Group No. 300 railroad accidents/incidents involving threshold at the same level as CY 2015 (Maintenance of Way and Structures) property damage that occur during because, in part, the wage and and Group No. 400 (Maintenance of calendar year (CY) 2016 that FRA’s equipment data for the second-quarter Equipment and Stores employees). FRA accident/incident reporting regulations of 2015 (i.e., the data used to calculate averaged the monthly equipment the threshold) changed only slightly indices from the Producer Price Index require to be reported to the agency. (about 1 percent) from second-quarter (PPI) to produce a quarterly average. FRA is maintaining the reporting 2014 values. FRA believes that the wage Consistent with Appendix B, FRA threshold at the same level it did in CY and equipment data support keeping the utilized data from the second-quarter of 2015, and CY 2014, because, in part, the reporting threshold the same for CY 2014 to the second-quarter of 2015. wage and equipment data for the 2016. Also, FRA anticipates making To determine the changes in wages second-quarter of 2015 (i.e., the data changes to the methodology for and prices over this time period, FRA used to calculate the threshold) changed calculating the reporting threshold in calculated the quarter-to-quarter only slightly (about 1 percent) from the coming year. changes (i.e., changes between each second-quarter 2014 values. In addition, In addition to periodically reviewing consecutive quarter from the second- FRA is maintaining the monetary and adjusting the annual threshold quarter of 2014 to the second-quarter of threshold for CY 2016 at the CY 2015 under Appendix B, FRA periodically 2015). In addition, FRA calculated the level while it reexamines the method for amends its method for calculating the quarter-over-quarter change (i.e., the calculating the monetary threshold. threshold. In 49 U.S.C. 20901(b), change using only the beginning and DATES: This final rule is effective Congress requires that FRA base the ending quarters of the selected time January 1, 2016. threshold on publicly available period). The results are illustrated in the FOR FURTHER INFORMATION CONTACT: information obtained from the Bureau of table below. Kebo Chen, Staff Director, U.S. Labor Statistics (BLS), other objective Considering the wage input to the Department of Transportation, Federal government source, or be subject to threshold first, the average quarter-to- Railroad Administration, Office of notice and comment. In 1996, FRA quarter change in wages is 0 percent, Safety Analysis, RRS–22, Mail Stop 25, adopted a new method for calculating although individual quarter-to-quarter West Building 3rd Floor, Room W33– the monetary reporting threshold for changes ranged from negative 3 percent 314, 1200 New Jersey Ave. SE., accidents/incidents. See 61 FR 60632, to 5 percent. The quarter-over-quarter Washington, DC 20590 (telephone 202– Nov. 29, 1996. In 2005, FRA again change in wages is negative 0.1 percent 493–6079); or Sara Mahmoud-Davis, amended its method for calculating the (rounded to 0 percent in the table). Trial Attorney, U.S. Department of reporting threshold because the BLS Based on no overall change in wages, Transportation, Federal Railroad ceased collecting and publishing the the reporting threshold would not Administration, Office of Chief Counsel, railroad wage data FRA used in the change for 2016. RCC–10, Mail Stop 10, West Building calculation. Consequently, FRA Examining the change in equipment 3rd Floor, Room W33–435, 1200 New substituted railroad employee wage data PPI over the same time period shows an mstockstill on DSK4VPTVN1PROD with RULES Jersey Ave. SE., Washington, DC 20590 the Surface Transportation Board (STB) average quarter-to-quarter increase of (telephone 202–366–1118). collects for the data BLS ceased to 0.5 percent. The quarter-over-quarter SUPPLEMENTARY INFORMATION: collect. See 70 FR 75414, Dec. 20, 2005. change is about 2 percent. The 2 percent In 2016, FRA intends to evaluate and change, when applied to the current Background amend, if appropriate, its method for $10,500 reporting threshold, would A ‘‘rail equipment accident/incident’’ calculating the monetary threshold for indicate an increase of about $200. is a collision, derailment, fire, accident/incident reporting and, as a However, the formula for calculating the VerDate Sep<11>2014 13:41 Dec 24, 2015 Jkt 238001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\28DER1.SGM 28DER1


Document Created: 2018-03-02 09:24:33
Document Modified: 2018-03-02 09:24:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotice of determination.
DatesThis notice of determination is effective December 28, 2015.
ContactJerry 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, (telephone 615-719- 2951).
FR Citation80 FR 80682 
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