Under 46 CFR 16.230, the minimum annual rate for random drug testing is 50 percent of covered crewmembers unless the Commandant adjusts it. The rule bases that decision on the reported random positive rate for the entire industry, drawn from drug MIS reports. The Commandant publishes the minimum rate in the Federal Register each year. When the rate is 50 percent, the Commandant may lower it to 25 percent if data for two consecutive calendar years show a positive rate below 1.0 percent.
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