[Federal Register Volume 61, Number 248 (Tuesday, December 24, 1996)]
[Notices]
[Pages 67866-67867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32695]
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DEPARTMENT OF TRANSPORTATION
Antidrug and Alcohol Misuse Prevention Programs for Personnel
Engaged in Specified Aviation Activities
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice.
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SUMMARY: The FAA has determined that the minimum percentage rates for
drug and alcohol testing for the period January 1, 1997, through
December 31, 1997, will remain at 25 percent of covered aviation
employees.
FOR FURTHER INFORMATION CONTACT:
Mr. William R. McAndrew, Office of Aviation Medicine, Drug Abatement
Division (AAM-800), Federal Aviation Administration, 800 Independence
Avenue SW., Washington, DC 20591; telephone (202) 267-8442.
SUPPLEMENTARY INFORMATION:
Administrator's Determination of 1997 Random Drug and Alcohol Testing
Rates
In final rules published in the Federal Register on February 15,
and December 2, 1994 (59 FR 7380 and 62218, respectively), the FAA
announced that it will set future minimum annual percentage rates for
random alcohol and drug testing for aviation industry employers
according to the results which the employers experience conducting
random alcohol and drug testing during each calendar year. The rules
set forth the formula for calculating an annual aviation industry
``violation rate'' for random alcohol testing and an annual aviation
industry `'positive rate'' for random drug testing. The ``violation
rate'' for random alcohol tests means the number of covered employees
found during random tests given under 14 CFR appendix J to have an
alcohol concentration of 0.04 or greater plus the number of employees
who refused a random alcohol test, divided by the total reported number
of employees given random alcohol tests plus the total reported number
of employees who refused a random test. The ``positive rate'' means the
number of positive results for random drug tests conducted under 14 CFR
appendix I plus the number of refusals to take random drug tests,
divided by the total number of random drug tests plus the number of
refusals to take random drug tests. The violation rate and the positive
rate are calculated using information required to be submitted to the
FAA by specified aviation industry employers as part of an FAA
Management Information System (MIS) and form the basis for maintaining
or adjusting the minimum annual percentage rates for random alcohol and
drug testing as indicated in the following paragraphs.
When the annual percentage rate for random alcohol testing is 25
percent or more, the FAA Administrator may lower the rate to 10 percent
if data received under the MIS reporting requirements for two
consecutive calendar years
[[Page 67867]]
indicate that the violation rate is less than 0.5 percent.
When the minimum annual percentage rate for random alcohol testing
is 50 percent, the FAA Administrator may lower the rate to 25 percent
if data received under the MIS reporting requirements for two
consecutive calendar years indicate that the violation rate is less
than 1.0 percent but equal to or greater than 0.5 percent.
When the minimum annual percentage rate for random alcohol testing
is 10 percent, and the data received under the MIS reporting
requirements for that calendar year indicate that the violation rate is
equal to or greater than 0.5 percent but less than 1.0 percent, the FAA
Administrator must increase the minimum annual percentage rate for
random alcohol testing to 25 percent.
When the minimum annual percentage rate for random alcohol testing
is 25 percent or less, ant the data received under the MIS reporting
requirements for that calendar year indicate that the violation rate is
equal to or greater than 1.0 percent, the FAA Administrator must
increase the minimum annual percentage rate for random alcohol testing
to 50 percent.
When the minimum annual percentage rate for random drug testing is
50 percent, the FAA Administrator may lower the rate to 25 percent if
data received under the MIS reporting requirements for two consecutive
calendar years indicate that the positive rate is less than 1.0
percent.
When the minimum annual percentage rate for random drug testing is
25 percent, and the data received under the MIS reporting requirements
for any calendar year indicate that the reported positive rate is equal
to or greater than 1.0 percent, the Administrator will increase the
minimum annual percentage rate for random drug testing to 50 percent.
There is a one year lag in the adjustment in the minimum annual
percentage rates for random drug and alcohol testing because MIS data
for a given calendar year is not reported to the FAA until the
following calendar year. For example, MIS data for 1995 is not reported
to the FAA until March 15, 1996, and any rate adjustments resulting
from the 1995 data are not effective until January 1, 1997, following
publication by the FAA of a notice in the Federal Register.
The minimum annual percentage rate for random alcohol testing was
25 percent for calendar year 1995. In this notice, the FAA announces
that it has determined that the violation rate for calendar year 1995
is less than one-half of one percent positive, at approximately 0.06
percent. Since the violation rate is less than one-half of one percent,
and it is the first year for which alcohol testing data were required
to be reported under the MIS reporting requirements, the minimum annual
percentage rate for random alcohol testing for aviation industry
employers for calendar year 1997 will remain at 25 percent.
The minimum annual percentage rate for random drug testing was also
25 percent in calendar year 1995. Therefore, the FAA is also announcing
that it has determined that the positive rate for calendar year 1995 is
less than 1 percent, at approximately 0.69 percent, and that the
minimum annual percentage rate for random drug testing for aviation
industry employers for calendar year 1997 will remain at 25 percent.
Dated: December 18, 1996.
Jon L. Jordan,
Federal Air Surgeon.
[FR Doc. 96-32695 Filed 12-23-96; 8:45 am]
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