81_FR_94517 81 FR 94270 - Drug and Alcohol Testing: Determination of Minimum Random Testing Rates for 2017

81 FR 94270 - Drug and Alcohol Testing: Determination of Minimum Random Testing Rates for 2017

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 81, Issue 247 (December 23, 2016)

Page Range94270-94270
FR Document2016-31009

This notice of determination provides the FRA Administrator's minimum annual random drug and alcohol testing rates for calendar year 2017.

Federal Register, Volume 81 Issue 247 (Friday, December 23, 2016)
[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Rules and Regulations]
[Page 94270]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31009]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 219

[Docket No. FRA-2001-11213, Notice No. 21]


Drug and Alcohol Testing: Determination of Minimum Random Testing 
Rates for 2017

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 
2017.

DATES: Effective December 23, 2016.

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: For the next calendar year, FRA determines 
the minimum annual random drug testing rate and the minimum annual 
random alcohol testing rate for railroad employees covered by hours of 
service laws and regulations (covered service employees) based on the 
railroad industry data available for the two previous calendar years 
(for this Notice, calendar years 2014 and 2015). Railroad industry data 
submitted to FRA's Management Information System (MIS) shows the rail 
industry's random drug testing positive rate for covered service 
employees has continued to be 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, 2017, 
through December 31, 2017, will remain at 25 percent of covered service 
employees under Sec.  219.602 of FRA's drug and alcohol rule (49 CFR 
part 219). In addition, because the industry-wide random alcohol 
testing violation rate for covered service employees has continued to 
be 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 service employees for the period 
January 1, 2017, through December 31, 2017, under Sec.  219.608. 
Because these rates represent minimums, railroads may conduct FRA 
random testing at higher rates.
    In a June 10, 2016, final rule, FRA expanded the scope of part 219 
to cover maintenance-of-way (MOW) employees (81 FR 37894). MOW 
employees will become subject to FRA random drug and alcohol testing on 
June 12, 2017, when the final rule takes effect. In 1994, when FRA, in 
concert with the other DOT modes, established a drug MIS system (58 FR 
68232, December 23, 1993), FRA set its initial minimum random drug 
testing rate at 50 percent for covered employees because of the lack of 
data to gauge the extent of the drug abuse problem at that time. FRA 
set its minimum random alcohol testing rate for covered employees at 25 
percent for the same reason. As its MIS data continued to show 
consistently low industry-wide drug and alcohol positive rates among 
covered employees, FRA lowered its minimum annual random drug and 
alcohol testing rates to their current respective rates of 25 and 10 
percent.
    Similarly, because FRA has no MIS data for MOW employees yet, the 
Administrator has determined that for the period June 12, 2017, through 
December 31, 2017, the minimum annual random drug testing rate will be 
set at 50 percent of MOW employees, and the minimum annual random 
alcohol testing rate will be set at 25 percent of MOW employees. As 
with covered employees, because these rates represent minimums, 
railroads may conduct FRA random testing of MOW employees at higher 
rates.

    Issued in Washington, DC, on December 20, 2016.
Sarah E. Feinberg,
Administrator.
[FR Doc. 2016-31009 Filed 12-22-16; 8:45 am]
 BILLING CODE 4910-06-P



                                                94270                     Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Rules and Regulations

                                                  3. On page 77897, Table 12 is
                                                corrected to read as follows:
                                                   TABLE 12—PY 2020 CLINICAL MEASURES INCLUDING FACILITIES WITH AT LEAST 11 ELIGIBLE PATIENTS PER MEASURE
                                                                                                                                                                    Statistically
                                                                                                                         75th/25th     90th/10th                                         Truncated     Truncated
                                                                      Measure                                   N                                      Std error      Indistin-                                      TCV       TCV’s 0.10
                                                                                                                         Percentile    Percentile                                          mean           SD
                                                                                                                                                                     guishable

                                                Kt/V Delivered Dose above minimum ..                             6210           96.0         98.0          0.093    No   .............        92.5          4.20        0.05   Yes.
                                                Fistula Use ...........................................          5906           73.2         79.6          0.148    No   .............        65.7          8.88        0.14   No.
                                                Catheter Use ........................................            5921           5.43         2.89          0.093    No   .............      1 90.1          5.16       <0.01   Yes.
                                                Serum Calcium >10.2 ..........................                   6257           0.91         0.32          0.049    No   .............      1 97.8          1.48       <0.01   Yes.
                                                NHSN—SIR .........................................               5781           0.41         0.00          0.011    No   .............         0.963        0.57       <0.01   Yes.
                                                SRR ......................................................       5739           0.82         0.64          0.004    No   .............         0.995        0.21       <0.01   Yes.
                                                STrR .....................................................       5650           0.64         0.43          0.008    No   .............         0.965        0.37       <0.01   Yes.
                                                ICH CAHPS:
                                                Nephrologists communication and car-                             3349           71.8         77.1          0.159    No .............         65.7           7.11        0.11   No.
                                                  ing.
                                                Quality of dialysis center care and op-                          3349           66.2         71.2          0.134    No .............         60.9           6.20        0.10   No.
                                                  erations.
                                                Providing information to patients .........                      3349           82.4         85.6          0.101    No   .............       78.4           4.61        0.06   Yes.
                                                Rating of Nephrologist .........................                 3349           69.9         76.6          0.204    No   .............       62.0           9.29        0.15   No.
                                                Rating of dialysis facility staff ...............                3349           70.9         77.4          0.215    No   .............       62.0           9.92        0.16   No.
                                                Rating of dialysis center .......................                3349           73.8         80.6          0.221    No   .............       64.8          10.18        0.16   No.
                                                   1 Truncated       mean for percentage is reversed (100 percent¥truncated mean) for measures where lower score = better performance.


                                                   4. On page 77932, third column, line                                   Avenue SE., Washington, DC 20590                               maintenance-of-way (MOW) employees
                                                17, the word ‘‘suppliers’’ is corrected to                                (telephone 202–493–6313); or Sam Noe,                          (81 FR 37894). MOW employees will
                                                read as ‘‘bidders’’.                                                      FRA Drug and Alcohol Program                                   become subject to FRA random drug
                                                   5. On page 77933, first column, line                                   Specialist (telephone 615–719–2951).                           and alcohol testing on June 12, 2017,
                                                30, remove the number ‘‘1’’ before                                        SUPPLEMENTARY INFORMATION: For the                             when the final rule takes effect. In 1994,
                                                ‘‘2019’’.                                                                 next calendar year, FRA determines the                         when FRA, in concert with the other
                                                   6. On page 77934, first column, line                                   minimum annual random drug testing                             DOT modes, established a drug MIS
                                                3, the citation ‘‘§ 414.423(g)(2)(i)’’ is                                 rate and the minimum annual random                             system (58 FR 68232, December 23,
                                                corrected to read ‘‘§ 414.422(g)(2)(i)’’.                                 alcohol testing rate for railroad                              1993), FRA set its initial minimum
                                                  Dated: December 19, 2016.                                               employees covered by hours of service                          random drug testing rate at 50 percent
                                                Madhura Valverde,                                                         laws and regulations (covered service                          for covered employees because of the
                                                                                                                          employees) based on the railroad                               lack of data to gauge the extent of the
                                                Executive Secretary to the Department,
                                                Department of Health and Human Services.                                  industry data available for the two                            drug abuse problem at that time. FRA
                                                                                                                          previous calendar years (for this Notice,                      set its minimum random alcohol testing
                                                [FR Doc. 2016–31019 Filed 12–22–16; 8:45 am]
                                                                                                                          calendar years 2014 and 2015). Railroad                        rate for covered employees at 25 percent
                                                BILLING CODE 4120–01–P
                                                                                                                          industry data submitted to FRA’s                               for the same reason. As its MIS data
                                                                                                                          Management Information System (MIS)                            continued to show consistently low
                                                                                                                          shows the rail industry’s random drug                          industry-wide drug and alcohol positive
                                                DEPARTMENT OF TRANSPORTATION                                              testing positive rate for covered service                      rates among covered employees, FRA
                                                                                                                          employees has continued to be below                            lowered its minimum annual random
                                                Federal Railroad Administration                                           1.0 percent for the applicable two                             drug and alcohol testing rates to their
                                                                                                                          calendar years. FRA’s Administrator has
                                                49 CFR Part 219                                                                                                                          current respective rates of 25 and 10
                                                                                                                          therefore determined the minimum
                                                                                                                                                                                         percent.
                                                [Docket No. FRA–2001–11213, Notice No.                                    annual random drug testing rate for the
                                                21]                                                                       period January 1, 2017, through                                  Similarly, because FRA has no MIS
                                                                                                                          December 31, 2017, will remain at 25                           data for MOW employees yet, the
                                                Drug and Alcohol Testing:                                                 percent of covered service employees                           Administrator has determined that for
                                                Determination of Minimum Random                                           under § 219.602 of FRA’s drug and                              the period June 12, 2017, through
                                                Testing Rates for 2017                                                    alcohol rule (49 CFR part 219). In                             December 31, 2017, the minimum
                                                                                                                          addition, because the industry-wide                            annual random drug testing rate will be
                                                AGENCY: Federal Railroad
                                                                                                                          random alcohol testing violation rate for                      set at 50 percent of MOW employees,
                                                Administration (FRA), Department of
                                                                                                                          covered service employees has                                  and the minimum annual random
                                                Transportation (DOT).
                                                                                                                          continued to be below 0.5 percent for                          alcohol testing rate will be set at 25
                                                ACTION: Notice of determination.                                                                                                         percent of MOW employees. As with
                                                                                                                          the applicable two calendar years, the
                                                SUMMARY:   This notice of determination                                   Administrator has determined the                               covered employees, because these rates
                                                provides the FRA Administrator’s                                          minimum random alcohol testing rate                            represent minimums, railroads may
                                                minimum annual random drug and                                            will remain at 10 percent of covered                           conduct FRA random testing of MOW
                                                alcohol testing rates for calendar year                                   service employees for the period                               employees at higher rates.
jstallworth on DSK7TPTVN1PROD with RULES




                                                2017.                                                                     January 1, 2017, through December 31,                            Issued in Washington, DC, on December
                                                                                                                          2017, under § 219.608. Because these                           20, 2016.
                                                DATES:Effective December 23, 2016.                                        rates represent minimums, railroads
                                                                                                                                                                                         Sarah E. Feinberg,
                                                FOR FURTHER INFORMATION CONTACT:  Jerry                                   may conduct FRA random testing at
                                                Powers, FRA Drug and Alcohol Program                                      higher rates.                                                  Administrator.
                                                Manager, W33–310, Federal Railroad                                           In a June 10, 2016, final rule, FRA                         [FR Doc. 2016–31009 Filed 12–22–16; 8:45 am]
                                                Administration, 1200 New Jersey                                           expanded the scope of part 219 to cover                        BILLING CODE 4910–06–P




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Document Created: 2016-12-23 12:29:20
Document Modified: 2016-12-23 12:29:20
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.
DatesEffective December 23, 2016.
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 Citation81 FR 94270 

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