83 FR 63812 - Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration Federal Register Volume 83, Issue 238 (December 12, 2018)
Federal Transit Administration
Federal Register Volume 83, Issue 238 (December 12, 2018)
| Page Range | 63812-63813 | |
| FR Document | 2018-26950 |
[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)] [Rules and Regulations] [Pages 63812-63813] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26950] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration 49 CFR Part 655 Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations AGENCY: Federal Transit Administration (FTA), DOT. ACTION: Notice of calendar year 2019 random drug and alcohol testing rates. ----------------------------------------------------------------------- SUMMARY: The Federal Transit Administration (FTA) is increasing the minimum random drug testing rate from 25 percent to 50 percent in calendar year 2019 for employers subject to the FTA's drug and alcohol rule. The minimum random alcohol testing rate will remain at 10 percent for calendar year 2019. DATES: Effective: January 1, 2019. 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, the FTA required large transit employers to begin drug and alcohol testing of employees performing safety-sensitive functions, and submit annual reports by March 15 of each year beginning in 1996. Small employers commenced their FTA-required testing on January 1, 1996, and began reporting the same information as the large employers starting on March 15, 1997. 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 for misuse of alcohol at a rate of at least 25 percent of their total number of safety-sensitive employees. The FTA updated the testing rules on August 1, 2001, and maintained a minimum random testing rate for prohibited drugs at 50 percent and the misuse of alcohol at 10 percent. However, pursuant to 49 CFR 655.45(c) and (d), both random testing rates could be adjusted based on industry-reported violations that have been verified over two preceding consecutive calendar years. Accordingly, the FTA in 2007 reduced the minimum random drug testing rate from 50 percent to 25 percent, where it has remained since then. Pursuant to 49 CFR 655.45(c), the FTA will increase the minimum random drug testing rate from 25 percent back to 50 percent if the industry-reported data for any one calendar year indicates that the positive rate equals or exceeds one percent (positive rate means the number of verified positive results for random drug tests conducted under 49 CFR 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 minimum alcohol random rate will be increased from 10 percent to 25 percent should the reported data indicates that the violation rate is equal to or greater than 0.5 percent, but less than one percent 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 .04 or greater, plus the number of employees who refuse a required random test, divided by the total reported number of random alcohol tests). Furthermore, if the minimum random alcohol rate is 25 percent, and if the validated violation rate is equal to or greater than one percent for any one calendar year, then the minimum random alcohol rate will be increased to 50 percent. Pursuant to 49 CFR 655.45(b), the FTA's decision to increase or decrease the minimum annual percentage rates for random drug and alcohol testing is based, in part, on the reported verified positive drug rate and alcohol violation rate 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 FTA 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 drug positive rate and alcohol violation rates. For calendar year 2019, the FTA has determined that the minimum random drug testing rate for covered employees will increase from 25 percent to 50 percent based on a verified positive rate that exceeded 1.0 percent for random drug test data for calendar year 2017. The random drug testing positive rate for 2017 was 1.06 percent. Further, for calendar year 2019, the FTA has determined that the random alcohol testing rate for covered employees will [[Page 63813]] remain at 10 percent because the violation rate was lower than 0.5 percent for calendar years 2016 and 2017. The random alcohol violation rates were 0.14 percent for 2016 and 0.16 percent for 2017. Detailed reports on the FTA drug and alcohol testing data collected from transit employers may be obtained from the FTA's Office of Transit Safety and Oversight, 1200 New Jersey Avenue SE, Washington, DC 20590, (202) 366-2010 or at https://transit-safety.fta.dot.gov/DrugAndAlcohol/Publications/Default.aspx. K. Jane Williams, Acting Administrator. [FR Doc. 2018-26950 Filed 12-11-18; 8:45 am] BILLING CODE P
![63812 Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Rules and Regulations
List of Subjects in 47 CFR Part 87 only on frequency 121.5 MHz must be reduced the minimum random drug
operated as certified. testing rate from 50 percent to 25
Aviation communications, percent, where it has remained since
[FR Doc. 2018–26413 Filed 12–11–18; 8:45 am]
Equipment. then.
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Federal Communications Commission. Pursuant to 49 CFR 655.45(c), the
Katura Jackson, FTA will increase the minimum random
Federal Register Liaison Officer, Office of the drug testing rate from 25 percent back
DEPARTMENT OF TRANSPORTATION
Secretary. to 50 percent if the industry-reported
Federal Transit Administration data for any one calendar year indicates
Final Rules that the positive rate equals or exceeds
49 CFR Part 655 one percent (positive rate means the
For the reasons discussed in the number of verified positive results for
preamble, the Federal Communications random drug tests conducted under 49
Commission amends 47 CFR part 87 as Prevention of Alcohol Misuse and
Prohibited Drug Use in Transit CFR 655.45 plus the number of refusals
follows: of random tests, divided by the total
Operations
PART 87—AVIATION SERVICES number of random drug test results (i.e.,
AGENCY: Federal Transit Administration positive, negative, and refusals)).
(FTA), DOT. Likewise, the minimum alcohol random
■ 1. The authority citation for part 87 ACTION: Notice of calendar year 2019 rate will be increased from 10 percent
continues to read as follows: random drug and alcohol testing rates. to 25 percent should the reported data
Authority: 47 U.S.C. 154, 303 and 307(e), indicates that the violation rate is equal
unless otherwise noted. SUMMARY: The Federal Transit to or greater than 0.5 percent, but less
Administration (FTA) is increasing the than one percent for any one year
■ 2. Section 87.147 is amended by minimum random drug testing rate from (violation rate means the number of
revising paragraph (b) to read as follows: 25 percent to 50 percent in calendar covered employees found during
§ 87.147 Authorization of equipment. year 2019 for employers subject to the random tests administered under 49
FTA’s drug and alcohol rule. The CFR 655.45 to have an alcohol
* * * * * minimum random alcohol testing rate concentration of .04 or greater, plus the
(b) ELTs manufactured after October will remain at 10 percent for calendar number of employees who refuse a
1, 1988, must meet the output power year 2019. required random test, divided by the
characteristics contained in § 87.141(i). DATES: Effective: January 1, 2019. total reported number of random
A report of the measurements must be alcohol tests). Furthermore, if the
FOR FURTHER INFORMATION CONTACT: Iyon
submitted with each application for minimum random alcohol rate is 25
Rosario, Drug and Alcohol Program
certification. ELTs that meet the output percent, and if the validated violation
Manager for the Office of Transit Safety
power characteristics of the section rate is equal to or greater than one
and Oversight, 1200 New Jersey Avenue
must have a permanent label percent for any one calendar year, then
SE, Washington, DC 20590 (telephone:
prominently displayed on the outer the minimum random alcohol rate will
202–366–2010 or email: Iyon.Rosario@
casing state, ‘‘Meets FCC Rule for be increased to 50 percent.
dot.gov).
improved satellite detection.’’ This Pursuant to 49 CFR 655.45(b), the
label, however, must not be placed on SUPPLEMENTARY INFORMATION: On FTA’s decision to increase or decrease
the equipment without authorization to January 1, 1995, the FTA required large the minimum annual percentage rates
do so by the Commission. Application transit employers to begin drug and for random drug and alcohol testing is
for such authorization may be made alcohol testing of employees performing based, in part, on the reported verified
either by submission of a new safety-sensitive functions, and submit positive drug rate and alcohol violation
application for certification annual reports by March 15 of each year rate for the entire public transportation
accompanied by the required fee and all beginning in 1996. Small employers industry. The information used for this
information and test data required by commenced their FTA-required testing determination is drawn from the Drug
parts 2 and 87 of this chapter or, for on January 1, 1996, and began reporting and Alcohol Management Information
ELTs approved prior to October 1, 1988, the same information as the large System (MIS) reports required by 49
a letter requesting such authorization, employers starting on March 15, 1997. CFR 655.72. In determining the
including appropriate test data and a The rule initially required employers to reliability of the data, the FTA considers
showing that all units produced under conduct random drug tests for the quality and completeness of the
the original equipment authorization prohibited drug use at a rate equivalent reported data, or may obtain additional
comply with the requirements of this to at least 50 percent of their total information or reports from employers,
paragraph without change to the number of safety-sensitive employees and make appropriate modifications in
original circuitry. and for misuse of alcohol at a rate of at calculating the industry’s verified drug
* * * * * least 25 percent of their total number of positive rate and alcohol violation rates.
safety-sensitive employees. For calendar year 2019, the FTA has
■ 3. Effective January 11, 2019, the stay The FTA updated the testing rules on determined that the minimum random
of § 87.195 is lifted and the section is August 1, 2001, and maintained a drug testing rate for covered employees
revised to read as follows: minimum random testing rate for will increase from 25 percent to 50
prohibited drugs at 50 percent and the percent based on a verified positive rate
§ 87.195 121.5 MHz ELTs.
misuse of alcohol at 10 percent. that exceeded 1.0 percent for random
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ELTs that operate only on frequency However, pursuant to 49 CFR 655.45(c) drug test data for calendar year 2017.
121.5 MHz will no longer be certified. and (d), both random testing rates could The random drug testing positive rate
The manufacture, importation, and sale be adjusted based on industry-reported for 2017 was 1.06 percent. Further, for
of ELTs that operate only on frequency violations that have been verified over calendar year 2019, the FTA has
121.5 MHz is prohibited beginning July two preceding consecutive calendar determined that the random alcohol
10, 2019. Existing ELTs that operate years. Accordingly, the FTA in 2007 testing rate for covered employees will
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![Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Rules and Regulations 63813
remain at 10 percent because the FOR FURTHER INFORMATION CONTACT: beginning of the recreational fishing
violation rate was lower than 0.5 Frank Helies, NMFS Southeast Regional season. The recreational ACL for 2019 is
percent for calendar years 2016 and Office, telephone: 727–824–5305, email: 84,000 lb (38,102 kg), whole weight, as
2017. The random alcohol violation frank.helies@noaa.gov. described at § 622.193(d)(2)(ii).
rates were 0.14 percent for 2016 and SUPPLEMENTARY INFORMATION: The Classification
0.16 percent for 2017. snapper-grouper fishery of the South
Detailed reports on the FTA drug and Atlantic includes red grouper and is The Regional Administrator for the
alcohol testing data collected from managed under the Fishery NMFS Southeast Region has determined
transit employers may be obtained from Management Plan for the Snapper- this temporary rule is necessary for the
the FTA’s Office of Transit Safety and Grouper Fishery of the South Atlantic conservation and management of South
Oversight, 1200 New Jersey Avenue SE, Region (FMP). The FMP was prepared Atlantic red grouper and is consistent
Washington, DC 20590, (202) 366–2010 by the South Atlantic Fishery with the Magnuson-Stevens Act and
or at https://transit-safety.fta.dot.gov/ Management Council and is other applicable laws.
DrugAndAlcohol/Publications/ implemented by NMFS under the This action is taken under 50 CFR
Default.aspx. authority of the Magnuson-Stevens 622.193(d)(2)(i) and is exempt from
K. Jane Williams, Fishery Conservation and Management review under Executive Order 12866.
Acting Administrator.
Act (Magnuson-Stevens Act) by
These measures are exempt from the
regulations at 50 CFR part 622.
[FR Doc. 2018–26950 Filed 12–11–18; 8:45 am]
On July 26, 2018, as a result of the procedures of the Regulatory Flexibility
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determination that red grouper was Act because the temporary rule is issued
undergoing overfishing, NMFS without opportunity for prior notice and
published the final rule for Abbreviated comment.
DEPARTMENT OF COMMERCE Framework 1 to the FMP in the Federal This action responds to the best
Register (83 FR 35435). In part, that scientific information available. The AA
National Oceanic and Atmospheric final rule decreased the recreational finds that the need to immediately
Administration ACL for red grouper in the South implement this action to close the
Atlantic to end overfishing of the stock recreational sector for red grouper
50 CFR Part 622 and set the recreational ACL for the constitutes good cause to waive the
[Docket No. 100812345–2142–03] 2018 fishing year at 77,840 lb (35,308 requirements to provide prior notice
kg), whole weight, as described at and opportunity for public comment on
RIN 0648–XG661 this temporary rule pursuant to 5 U.S.C.
§ 622.193(d)(2)(ii). In accordance with
Snapper-Grouper Fishery of the South regulations at 50 CFR 622.193(d)(2)(i) 553(b)(B), because such procedures are
Atlantic; 2018 Recreational for the recreational sector, if recreational unnecessary and contrary to the public
Accountability Measure and Closure landings of red grouper are projected to interest. Such procedures are
for South Atlantic Red Grouper reach the recreational ACL, the unnecessary because the AMs
Assistant Administrator for NOAA implementing the recreational closure
AGENCY: National Marine Fisheries Fisheries (AA) will file a notification have already been subject to notice and
Service (NMFS), National Oceanic and with the Office of the Federal Register comment. All that remains is to notify
Atmospheric Administration (NOAA), to close the recreational sector for the the public of the recreational closure for
Commerce. remainder of the fishing year. Recent red grouper for the remainder of the
ACTION: Temporary rule; closure. landings data from the NMFS Southeast 2018 fishing year. Prior notice and
Fisheries Science Center indicate that opportunity for comment are contrary to
SUMMARY: NMFS implements the red grouper recreational ACL for the public interest because of the need
accountability measures (AMs) for the 2018 has been exceeded. Therefore, this to immediately implement this action to
red grouper recreational sector in the temporary rule implements the AM to protect the red grouper resource. Time
exclusive economic zone (EEZ) of the close the red grouper recreational sector required for notice and public comment
South Atlantic for the 2018 fishing year of the snapper-grouper fishery for the would allow for continued recreational
through this temporary rule. NMFS remainder of the 2018 fishing year. As harvest and further exceedance of the
estimates recreational landings of red a result, the recreational sector for red recreational ACL.
grouper in 2018 have exceeded the grouper in the South Atlantic EEZ will For the aforementioned reasons, the
recreational annual catch limit (ACL). be closed effective 12:01 a.m., local time AA also finds good cause to waive the
Therefore, NMFS closes the red grouper December 12, 2018 through December 30-day delay in the effectiveness of this
recreational sector in the South Atlantic 31, 2018. action under 5 U.S.C. 553(d)(3).
EEZ at 12:01 a.m., local time, on NMFS notes that while the 2019
December 12, 2018 for the remainder of Authority: 16 U.S.C. 1801 et seq.
fishing year begins on January 1, as
the 2018 fishing year. This closure is described at § 622.183(b)(1), the Dated: December 7, 2018.
necessary to protect the red grouper commercial and recreational harvest of Karen H. Abrams,
resource. red grouper is prohibited annually from Acting Director, Office of Sustainable
DATES: This rule is effective 12:01 a.m., January through April of each year. Fisheries, National Marine Fisheries Service.
local time, December 12, 2018, until Therefore, the recreational sector for red [FR Doc. 2018–26897 Filed 12–7–18; 4:15 pm]
12:01 a.m., local time, January 1, 2019. grouper will reopen on May 1, 2019, the BILLING CODE 3510–22–P
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Document Created: 2018-12-12 01:39:33
Document Modified: 2018-12-12 01:39:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Notice of calendar year 2019 random drug and alcohol testing rates. | |
| Dates | Effective: January 1, 2019. | |
| 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]). | |
| FR Citation | 83 FR 63812 |
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