[Federal Register: January 3, 2005 (Volume 70, Number 1)]
[Rules and Regulations]
[Page 50]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ja05-12]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Part 199
[Docket RSPA-97-2995; Notice 12]
Pipeline Safety: Random Drug Testing Rate
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Notice of minimum annual percentage rate for random drug
testing.
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SUMMARY: Each year pipeline operators randomly select employees to test
for prohibited drugs. The number of selections may not be less than the
minimum annual percentage rate the Research and Special Programs
Administration's (RSPA) Office of Pipeline Safety (OPS) determines,
either 50 percent or 25 percent of covered employees, based on the
industry's positive rate of random tests. In accordance with applicable
standards, RSPA/OPS has determined that the positive rate of random
drug tests reported by operators this calendar year for testing done in
calendar year 2003 is less than 1.0 percent. Therefore, in calendar
year 2005, the minimum annual percentage rate for random drug testing
is 25 percent of covered employees.
DATES: Effective January 1, 2005, through December 31, 2005.
FOR FURTHER INFORMATION CONTACT: Sheila Wright, RSPA, OPS, Room 2103,
U.S. Department of Transportation, 400 Seventh Street, SW., Washington,
DC 20590, telephone (202) 366-4554 or e-mail
sheila.wright@rspa.dot.gov.
SUPPLEMENTARY INFORMATION: Operators of gas, hazardous liquid, and
carbon dioxide pipelines and operators of liquefied natural gas
facilities must annually submit Management Information System (MIS)
reports of drug testing done in the previous calendar year (49 CFR
199.119(a)). One of the uses of this information is to calculate the
minimum annual percentage rate at which operators must randomly select
covered employees for drug testing during the next calendar year (49
CFR 199.105(c)(2)). If the minimum annual percentage rate for random
drug testing is 50 percent, RSPA/OPS may lower the rate to 25 percent
if RSPA/OPS determines that the positive rate reported for random tests
for two consecutive calendar years is less than 1.0 percent (49 CFR
199.105(c)(3)). If the minimum annual percentage rate is 25 percent,
RSPA/OPS will increase the rate to 50 percent if RSPA/OPS determines
that the positive rate reported for random tests for any calendar year
is equal to or greater than 1.0 percent (49 CFR 199.105(c)(4)). Part
199 defines ``positive rate'' as ``the number of positive results for
random drug tests * * * plus the number of refusals of random tests * *
*, divided by the total number of random drug tests * * * plus the
number of refusals of random tests. * * *''
Through calendar year 1996, the minimum annual percentage rate for
random drug testing in the pipeline industry was 50 percent of covered
employees. Based on MIS reports of random testing done in calendar
years 1994 and 1995, RSPA/OPS lowered the minimum rate from 50 percent
to 25 percent for calendar year 1997 (61 FR 60206; November 27, 1996).
The minimum rate remained at 25 percent in calendar years 1998 (62 FR
59297; Nov. 3, 1997); 1999 (63 FR 58324; Oct. 30, 1998); 2000 (64 FR
66788; Nov. 30, 1999); 2001 (65 FR 81409; Dec. 26, 2000); 2002 (67 FR
2611; Jan. 18, 2002); 2003 (67 FR 78388; Dec. 24, 2002); and 2004 (68
FR 69046; Dec. 11, 2003).
Using the MIS reports received this year for drug testing done in
calendar year 2003, RSPA/OPS calculated the positive rate of random
testing to be 0.83 percent. Since the positive rate continues to be
less than 1.0 percent, RSPA/OPS is announcing that the minimum annual
percentage rate for random drug testing is 25 percent of covered
employees for the period January 1, 2005 through December 31, 2005.
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60117, and
60118; 49 CFR 1.53.
Issued in Washington, DC on December 22, 2004.
Stacey L. Gerard,
Associate Administrator for Pipeline Safety.
[FR Doc. 04-28679 Filed 12-30-04; 8:45 am]
BILLING CODE 4910-60-P