[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Notices]
[Page 77934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27553]



[[Page 77934]]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2001-11213, Notice No. 27]


Drug and Alcohol Testing: Determination of Minimum Random Testing 
Rates for 2023

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

ACTION: Notification of determination.

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SUMMARY: This notification of determination announces FRA's minimum 
annual random drug and minimum annual random alcohol testing rates for 
employees performing covered service under the hours of service laws 
(HOS employees), maintenance-of-way (MOW) employees, and mechanical 
(MECH) employees for calendar year 2023.

DATES: This determination takes effect December 20, 2022.

FOR FURTHER INFORMATION CONTACT: Gerald Powers, FRA Drug and Alcohol 
Program Manager, by email: [email protected] or by telephone: 202-
493-6313; or Melissa Van Dermeir, FRA Drug and Alcohol Program 
Specialist, by email: [email protected] or by telephone: 312-
720-9491.

SUPPLEMENTARY INFORMATION: Each year, FRA sets its minimum annual 
random testing rates after considering the last two complete calendar 
years of railroad industry drug and alcohol program data submitted to 
its Management Information System (MIS). FRA, however, reserves the 
right to consider factors other than MIS-reported data before deciding 
whether to lower annual minimum random testing rates. See 85 FR 81265 
(Dec. 15, 2020).
    FRA is announcing that its minimum annual random drug and alcohol 
testing rates for calendar year 2023 will continue to be as follows:
     HOS employees-25 percent for drugs and 10 percent for 
alcohol.
     MOW employees-25 percent for drugs and 10 percent for 
alcohol.
     MECH employees-50 percent for drugs and 25 percent for 
alcohol.
    Because these rates represent minimums, railroads and railroad 
contractors may conduct FRA random testing at higher rates.

Discussion

Random Testing Rates for HOS Employees

    The rail industry's random drug testing positive rate for HOS 
employees remained below 1.0 percent for 2020 and 2021. The 
Administrator has therefore determined the minimum annual random drug 
testing rate for HOS employees will remain at 25 percent for the period 
January 1, 2023, through December 31, 2023. The industry-wide random 
alcohol testing violation rate for HOS employees remained below 0.5 
percent for 2020 and 2021. The Administrator has therefore determined 
the minimum random alcohol testing rate for HOS employees will remain 
at 10 percent for the period January 1, 2023, through December 31, 
2023.

Random Testing Rates for MOW Employees

    The rail industry's random drug testing positive rate for MOW 
employees remained below 1.0 percent for 2020 and 2021. The 
Administrator has therefore determined the minimum annual random drug 
testing rate for MOW employees will remain at 25 percent for the period 
January 1, 2023, through December 31, 2023. The industry-wide random 
alcohol testing violation rate for MOW employees remained below 0.5 
percent for 2020 and 2021. The Administrator has therefore determined 
the minimum random alcohol testing rate for MOW employees will remain 
at 10 percent for the period January 1, 2023, through December 31, 
2023.

Random Testing Rates for MECH Employees

    On February 2, 2022, FRA expanded the scope of its drug and alcohol 
regulation (49 CFR part 219) to add MECH employees. See 87 FR 5719. As 
it did with HOS employees and MOW employees when they first became 
subject to random testing, FRA set the initial minimum annual random 
testing rates for MECH employees at 50 percent for drugs and 25 percent 
for alcohol. FRA does not yet have the two full years of MIS data 
required to adjust the random testing rates for MECH employees. The 
Administrator has therefore determined that the minimum random testing 
rates for MECH employees will remain at 50 percent for drugs and 25 
percent for alcohol for the period January 1, 2023, through December 
31, 2023.

    Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2022-27553 Filed 12-19-22; 8:45 am]
BILLING CODE 4910-06-P


