82_FR_15614 82 FR 15555 - Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations

82 FR 15555 - Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 82, Issue 59 (March 29, 2017)

Page Range15555-15556
FR Document2017-06172

This notice announces the random testing rates for employers subject to the Federal Transit Administration's (FTA) drug and alcohol rules for 2017.

Federal Register, Volume 82 Issue 59 (Wednesday, March 29, 2017) 
[Federal Register Volume 82, Number 59 (Wednesday, March 29, 2017)]
[Notices]
[Pages 15555-15556]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06172]


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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 2017.

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SUMMARY: This notice announces the random testing rates for employers 
subject to the Federal Transit Administration's (FTA) drug and alcohol 
rules for 2017.

DATES: Effective Date: January 1, 2017.

FOR FURTHER INFORMATION CONTACT: Iyon Rosario, Drug and Alcohol Program 
Manager for the Office of 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 
rule initially required employers to conduct random drug tests for 
prohibited drug use at a rate equivalent to at least 50 percent of 
their total number of safety-sensitive employees and a rate of at least 
25 percent for the misuse of alcohol. However, in accordance with 49 
CFR 655.45 both random testing rates may be lowered based on industry 
reported violations over preceding consecutive calendar years. 
Accordingly, in 2005 the Administrator reduced the random alcohol 
testing rate from 25 percent to 10 percent and reduced the random drug 
testing rate from 50 percent to 25 percent in 2007 (see 72 FR 1057).
    Once lowered, the random drug testing rate may be increased to 50 
percent if the positive rate equals or exceeds one percent for any one 
year (``positive rate'' means the number of verified positive results 
for random drug tests conducted under 49 CFR part 655.45 plus the 
number of refusals of random tests, divided by the total number of 
random drug test results (i.e., positive, negative, and refusals). 
Likewise, the alcohol random rate may be increased from 10 percent to 
25 percent should the reported violation rate be equal to or greater 
than 0.5 percent, but less than 1 percent for any one year. 
Furthermore, the random alcohol rate will be increased to 50

[[Page 15556]]

percent if the confirmed violation rate is equal to or greater than 1 
percent (``violation rate'' means the number of covered employees found 
during random tests administered under 49 CFR 655.45 to have an alcohol 
concentration of .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).
    Pursuant to 49 CFR 655.45(b), the 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 public transportation 
industry. The information used for this determination is drawn from the 
drug and alcohol Management Information System (MIS) reports required 
by 49 CFR 655.72. In determining the reliability of the data, the 
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.
    For 2017, the Administrator has determined the random drug testing 
rate will remain at 25 percent based on a positive rate lower than 1.0 
percent for random drug test data for calendar years 2014 and 2015. The 
random drug rates were .87 percent for 2014 and .90 percent for 2015. 
Further, the Administrator has determined that the random alcohol 
testing rate for 2017 will remain at 10 percent because the violation 
rate was again lower than 0.5 percent for calendar years 2014 and 2015. 
The random alcohol violation rates were 0.14 percent for 2014 and 0.14 
percent for 2015.
    Detailed reports on the FTA drug and alcohol testing data collected 
from transit employers may be obtained from the FTA, Office of Safety 
and Oversight, 1200 New Jersey Avenue SE., Washington, DC 20590, (202) 
366-2010 or at http://transit-safety.fta.dot.gov/publications/Default.aspx.


    Issued in Washington, DC.

Matthew J. Welbes,
Executive Director.
[FR Doc. 2017-06172 Filed 3-28-17; 8:45 am]
 BILLING CODE P

Federal Register / Vol. 82, No. 59 / Wednesday, March 29, 2017 / Notices 15555 To evaluate the effect of these Steven W. Doutt (PA) SUMMARY: This notice announces the exemptions on safety, FMCSA Brian J. Dunn (MA) random testing rates for employers considered medical reports about the Jason E. Earlywine (KY) subject to the Federal Transit applicants’ ITDM and vision, and William J. Evans (VA) Administration’s (FTA) drug and reviewed the treating endocrinologists’ Brandon J. Fonstad (WI) alcohol rules for 2017. medical opinion related to the ability of Raymond M. Garron (SC) DATES: Effective Date: January 1, 2017. the driver to safely operate a CMV while Jill M. Hall (ME) FOR FURTHER INFORMATION CONTACT: Iyon using insulin. Eugene C. Hamilton (NC) Robert C. Hanna (OH) Rosario, Drug and Alcohol Program Consequently, FMCSA finds that in Manager for the Office of Safety and each case exempting these applicants Richard L. Hart (MI) Rafael Hecht (IN) Oversight, 1200 New Jersey Avenue SE., from the diabetes requirement in 49 CFR Washington, DC 20590 (telephone: 202– 391.41(b)(3) is likely to achieve a level Tony L. Hopper (IL) Robert J. Hough (MD) 366–2010 or email: Iyon.Rosario@ of safety equal to that existing without dot.gov. Curran P. Jones (AZ) the exemption. Ryan W. Koski (MI) SUPPLEMENTARY INFORMATION: On V. Conditions and Requirements Forrest M. Land, Jr. (TX) January 1, 1995, FTA required large Allan M. Lewis (ME) transit employers to begin drug and The terms and conditions of the Jordan H. Little (NY) alcohol testing employees performing exemption will be provided to the Nicolas G. Lopez (TX) applicants in the exemption document safety-sensitive functions and submit Michael R. Ludowese (MN) annual reports by March 15 of each year and they include the following: (1) That Brian L. Lynch (CT) each individual submit a quarterly beginning in 1996. The annual report Marten L. Matuszewski (WI) includes the number of employees who monitoring checklist completed by the Thomas W. Mitchell, III (OH) treating endocrinologist as well as an had a verified positive for the use of David M. Molnar (PA) prohibited drugs, and the number of annual checklist with a comprehensive Anthony G. Monaghan (NY) medical evaluation; (2) that each employees who tested positive for the Jose N. Negron (NJ) misuse of alcohol during the reported individual reports within 2 business Michael J. Perfect (WA) days of occurrence, all episodes of year. Small employers commenced their Lowell A. Reigel, Jr. (KY) severe hypoglycemia, significant FTA-required testing on January 1, Jennifer L. Schroeder (WI) complications, or inability to manage Daniel M. Seguin (NH) 1996, and began reporting the same diabetes; also, any involvement in an Darren K. Vaughan (NC) information as the large employers accident or any other adverse event in Melvin E. Welton, Jr. (WA) beginning March 15, 1997. Keith A. Williams (AL) The testing rules were updated on a CMV or personal vehicle, whether or August 1, 2001, and established a not it is related to an episode of In accordance with 49 U.S.C. 31136(e) random testing rate for prohibited drugs hypoglycemia; (3) that each individual and 31315 each exemption is valid for and the misuse of alcohol. The rule provide a copy of the ophthalmologist’s two years unless revoked earlier by initially required employers to conduct or optometrist’s report to the medical FMCSA. The exemption will be revoked random drug tests for prohibited drug examiner at the time of the annual if the following occurs: (1) The person use at a rate equivalent to at least 50 medical examination; and (4) that each fails to comply with the terms and percent of their total number of safety- individual provide a copy of the annual conditions of the exemption; (2) the sensitive employees and a rate of at least medical certification to the employer for exemption has resulted in a lower level 25 percent for the misuse of alcohol. retention in the driver’s qualification of safety than was maintained before it However, in accordance with 49 CFR file, or keep a copy in his/her driver’s was granted; or (3) continuation of the 655.45 both random testing rates may be qualification file if he/she is self- exemption would not be consistent with lowered based on industry reported employed. The driver must also have a the goals and objectives of 49 U.S.C. violations over preceding consecutive copy of the certification when driving, 31136(e) and 31315. If the exemption is calendar years. Accordingly, in 2005 the for presentation to a duly authorized still effective at the end of the 2-year Administrator reduced the random Federal, State, or local enforcement period, the person may apply to FMCSA alcohol testing rate from 25 percent to official. for a renewal under procedures in effect 10 percent and reduced the random at that time. drug testing rate from 50 percent to 25 VI. Conclusion Issued on: March 22, 2017. percent in 2007 (see 72 FR 1057). Based upon its evaluation of the 47 exemption applications, FMCSA Larry W. Minor, Once lowered, the random drug exempts the following drivers from the Associate Administrator for Policy. testing rate may be increased to 50 diabetes requirement in 49 CFR [FR Doc. 2017–06180 Filed 3–28–17; 8:45 am] percent if the positive rate equals or 391.41(b)(3): BILLING CODE 4910–EX–P exceeds one percent for any one year (‘‘positive rate’’ means the number of Luciano Abreu (NJ) verified positive results for random drug Louis I. Alonzo (TX) tests conducted under 49 CFR part John P. Botcher (WI) DEPARTMENT OF TRANSPORTATION 655.45 plus the number of refusals of Mark D. Breskey (IL) Cornelius T. Brooks (AR) Federal Transit Administration random tests, divided by the total Donald E. Brown (IL) number of random drug test results (i.e., Prevention of Alcohol Misuse and positive, negative, and refusals). mstockstill on DSK3G9T082PROD with NOTICES Armando Camacho Nunez (WA) Prohibited Drug Use in Transit Likewise, the alcohol random rate may Robert P. Coutu (RI) John J. Crance, Jr. (NY) Operations be increased from 10 percent to 25 Frank Croce (NY) AGENCY: Federal Transit Administration percent should the reported violation Kevin S. Cuberson (NC) (FTA), DOT. rate be equal to or greater than 0.5 William T. DeGarmo (OR) percent, but less than 1 percent for any ACTION: Notice of random drug and David J. Dionne (NH) one year. Furthermore, the random alcohol testing rates for 2017. Raymond J. Dionne (NH) alcohol rate will be increased to 50 VerDate Sep<11>2014 16:54 Mar 28, 2017 Jkt 241001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1

15556 Federal Register / Vol. 82, No. 59 / Wednesday, March 29, 2017 / Notices percent if the confirmed violation rate is DEPARTMENT OF TRANSPORTATION (A) The asset will remain in public equal to or greater than 1 percent use for at least 5 years after the date the (‘‘violation rate’’ means the number of Federal Transit Administration asset is transferred; covered employees found during (B) There is no purpose eligible for Transfer of Federally Assisted Land or assistance under this chapter for which random tests administered under 49 Facility the asset should be used; CFR 655.45 to have an alcohol concentration of .04 or greater, plus the (C) The overall benefit of allowing the AGENCY: Federal Transit Administration, transfer is greater than the interest of the number of employees who refuse a DOT. Government in liquidation and return of random test required by 49 CFR 655.49, ACTION: Notice of intent to transfer the financial interest of the Government divided by the total reported number of in the asset, after considering fair Federally assisted land or facility. random alcohol tests). market value and other factors; and Pursuant to 49 CFR 655.45(b), the SUMMARY: Section 5334(h) of the Federal (D) Through an appropriate screening Administrator’s decision to increase or Transit Laws, as codified, 49 U.S.C. or survey process, that there is no decrease the minimum annual 5301, et seq., permits the Administrator interest in acquiring the asset for percentage rate for random drug and of the Federal Transit Administration Government use if the asset is a facility alcohol testing is based, in part, on the (the ‘‘FTA’’) to authorize a recipient of or land. reported positive drug and alcohol FTA funds to transfer land or a facility Federal Interest in Acquiring Land or violation rates for the entire public to a public body for any public purpose Facility transportation industry. The with no further obligation to the Federal Government if, among other things, no This document implements the information used for this determination Federal agency is interested in acquiring requirements of 49 U.S.C. 5334(h)(l)(D). is drawn from the drug and alcohol Accordingly, FTA hereby provides Management Information System (MIS) the asset for Federal use. Accordingly, FTA is issuing this Notice to advise notice of the availability of the Facility reports required by 49 CFR 655.72. In further described below. Any Federal Federal Agencies that the Wisconsin determining the reliability of the data, agency interested in acquiring the Department of Transportation intends to the Administrator considers the quality affected facility should promptly notify transfer a building to the City of Rice and completeness of the reported data, Lake (the ‘‘City’’). This transfer also the FTA. or may obtain additional information or includes a 31% interest in the real If no Federal agency is interested in reports from employers, and make property. The building is located at 326 acquiring the existing Facility, FTA will appropriate modifications in calculating South Main Street, Rice Lake, make certain that the other requirements the industry’s verified positive results Wisconsin (hereinafter the ‘‘Building’’). specified in 49 U.S.C. 5334(h)(1)(A) and violation rates. through (C) are met before permitting DATES: Effective Date: Any Federal the asset to be transferred. For 2017, the Administrator has agency interested in acquiring the The Building shares a 1.433-acre determined the random drug testing rate Facility must notify the FTA Region V parcel zoned for general commercial will remain at 25 percent based on a Office of its interest by April 28, 2017. use. It provides 159 feet of frontage positive rate lower than 1.0 percent for along South Main Street, and has a ADDRESSES: Interested parties should random drug test data for calendar years notify the Regional Office by writing to depth of 459 feet along the south 2014 and 2015. The random drug rates Marisol R. Simón, Regional elevation. The site is bound on the were .87 percent for 2014 and .90 Administrator, Federal Transit south and west by Marketplace Foods, percent for 2015. Further, the Administration, 200 West Adams, Suite on the east by South Main Street, and Administrator has determined that the 320, Chicago, IL 60606. on the north by an abandoned railroad random alcohol testing rate for 2017 line with a 9.5-foot wide right-of-way. FOR FURTHER INFORMATION CONTACT: will remain at 10 percent because the Land along Main Street in close Kathryn Loster, Regional Counsel, at violation rate was again lower than 0.5 proximity to the Building is a mixture 312–353–3869. percent for calendar years 2014 and of single-tenant and multi-tenant 2015. The random alcohol violation SUPPLEMENTARY INFORMATION: commercial properties, primarily in the rates were 0.14 percent for 2014 and Background retail and food service sectors. The legal 0.14 percent for 2015. description is as follows: Outlots 149– 49 U.S.C. 5334(h) provides guidance 1 and 149–6 being part of Outlot 149 as Detailed reports on the FTA drug and on the transfer of assets no longer alcohol testing data collected from shown in Certified Survey Map Volume needed. Specifically, if a recipient of 6, Page 162 and part of railroad right-of- transit employers may be obtained from FTA assistance decides an asset way as described in Deeds Volume 414, the FTA, Office of Safety and Oversight, acquired at least in part with federal Page 736 of Outlots in the City of Rice 1200 New Jersey Avenue SE., assistance is no longer needed for the Lake, Barron County, Wisconsin. Washington, DC 20590, (202) 366–2010 purpose for which it was acquired, the The Building has a total floor space of or at http://transit-safety.fta.dot.gov/ Secretary of Transportation may 27,130 square feet. It houses three publications/Default.aspx. authorize the recipient to transfer the spaces: (1) 4,839 Square feet of office Issued in Washington, DC. asset to a local governmental authority space, including a meeting room break to be used for a public purpose with no room, bathrooms and closets; (2) 4,808 Matthew J. Welbes, further obligation to the Government. 49 square feet of shop space; and (3) 2,683 mstockstill on DSK3G9T082PROD with NOTICES Executive Director. U.S.C. 5334(h)(l). square feet of basement space, including [FR Doc. 2017–06172 Filed 3–28–17; 8:45 am] Determinations storage and a bathroom. The Building is BILLING CODE P sited with minimal setback from the east The Secretary may authorize a and north property lines. transfer for a public purpose other than If no Federal agency is interested in public transportation only if the acquiring the existing Facility, FTA will Secretary decides: make certain that the other requirements VerDate Sep<11>2014 18:22 Mar 28, 2017 Jkt 241001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1


Document Created: 2017-03-29 01:14:42
Document Modified: 2017-03-29 01:14:42
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 2017.
DatesEffective Date: January 1, 2017.
ContactIyon Rosario, Drug and Alcohol Program Manager for the Office of Safety and Oversight, 1200 New Jersey Avenue SE., Washington, DC 20590 (telephone: 202-366-2010 or email: [email protected]
FR Citation82 FR 15555 
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