Alcohol and Drug Testing: Determination of Minimum Random Testing Rates for 2016, 80682-80683 [2015-32544]
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80682
Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations
Chapter 335, Subchapter B—Hazardous
Waste Management General Provisions,
Sections 335.41(a)–(c); 335.41(d) (except
(d)(1) and (d)(5)–(8)); 335.41(d)(1) (December
31, 2001); 335.41(e)–(j); 335.43(a); 335.44;
335.45; 335.47 (except 335.47(b) and the
second sentence in (c)(3)); 335.47(b)
(December 31, 1999);
Chapter 335, Subchapter C—Standards
Applicable to Generators of Hazardous
Waste, Sections 335.61(a) and (b) (38 TexReg
970, effective February 21, 2013); 335.61(c);
335.61(d) (38 TexReg 970, effective February
21, 2013); 335.61(e), (g), and (h); 335.61(i) (38
TexReg 970, effective February 21, 2013);
335.62 (38 TexReg 970, effective February 21,
2013); 335.63; 335.65 through 335.68;
335.69(a) (except ‘‘and (n)’’ in the
introductory paragraph; (a)(4)(B) and
(a)(4)(C)); 335.69(a)(4)(B) and (C) (38 TexReg
970, effective February 21, 2013); 335.69(b)
(38 TexReg 970, effective February 21, 2013);
335.69(c), 335.69(d) and (e) (38 TexReg 970,
effective February 21, 2013); 335.69(f) (except
(f)(4)(C)); 335.69(f)(4)(C) and (D) (38 TexReg
970, effective February 21, 2013); 335.69(g),
(h), and (j)–(l); 335.69(m) (38 TexReg 970,
effective February 21, 2013); 335.70; 335.71;
335.73 through 335.75; 335.76(a) (38 TexReg
970, effective February 21, 2013); 335.76(b);
335.76(c) and (d) (38 TexReg 970, effective
February 21, 2013); 335.76(e); 335.76(f) (38
TexReg 970, effective February 21, 2013);
335.76(g); 335.77; 335.78(a); 335.78(b)
(January 1, 1997); 335.78(c) (38 TexReg 970,
effective February 21, 2013); 335.78(d)
(except (d)(2)); 335.78(e) introductory
paragraph (January 1, 1997); 335.78(e)(1) and
(2); 335.78(f) introductory paragraph and
(f)(1) (38 TexReg 970, effective February 21,
2013); 335.78(f)(2) (January 1, 1997);
335.78(f)(3) (except 335.78(f)(3)(A));
335.78(f)(3)(A) (38 TexReg 970, effective
February 21, 2013); 335.78(g) (except (g)(2));
335.78(g)(2) (January 1, 1997); 335.78(h) and
(i); 335.78(j) (38 TexReg 970, effective
February 21, 2013); 335.79 (38 TexReg 970,
effective February 21, 2013);
Chapter 335, Subchapter D—Standards
Applicable to Transporters of Hazardous
Waste, Sections 335.91 (except (e)); 335.92;
335.93 (except (e)); 335.93(e) (December 31,
1999); 335.94 (except the phrase ‘‘owned or
operated by a registered transporter’’ in (a)
introductory paragraph);
Chapter 335, Subchapter E—Interim
Standards for Owners and Operators of
Hazardous Waste Storage, Processing, or
Disposal Facilities, Sections 335.111(a) and
(b) (38 TexReg 970, effective February 21,
2013), 335.111(c)–(e); 335.112(a) introductory
paragraph; 335.112(a)(1) (38 TexReg 970,
effective February 21, 2013); 335.112(a)(2);
335.112(a)(3) and (4) (38 TexReg 970,
effective February 21, 2013); 335.112(a)(5)–
(12); 335.112(a)(13) and (14) (38 TexReg 970,
effective February 21, 2013); 335.112(a)(15)
and (16); 335.112(a)(18)–(24); 335.112(b)
(except (b)(4)(K) and (b)(7)); 335.112(b)(4)(K)
and (b)(7) (38 TexReg 970, effective February
21, 2013); 335.112(c); 335.113; 335.115
through 335.128;
Chapter 335, Subchapter F—Permitting
Standards for Owners and Operators of
Hazardous Waste Storage, Processing, or
Disposal Facilities, Sections 335.151(a) (38
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TexReg 970, effective February 21, 2013);
335.151(b); 335.151(c) (38 TexReg 970,
effective February 21, 2013); 335.151(d);
335.151(e) (38 TexReg 970, effective February
21, 2013); 335.151(f); 335.152(a) introductory
paragraph; 335.152(a)(1) (38 TexReg 970,
effective February 21, 2013); 335.152(a)(2);
335.152(a)(3) and (4) (38 TexReg 970,
effective February 21, 2013); 335.152(a)(5)–
(8); 335.152(a)(9) (38 TexReg 970, effective
February 21, 2013); 335.152(a)(10) and (11);
335.152(a)(12) (38 TexReg 970, effective
February 21, 2013); 335.152(a)(13);
335.152(a)(14) (38 TexReg 970, effective
February 21, 2013); 335.152(a)(15)–(22);
335.152(b); 335.152(c) (except (c)(7));
335.152(c)(7) (38 TexReg 970, effective
February 21, 2013); 335.152(d); 335.153;
335.155 introductory paragraph (38 TexReg
970, effective February 21, 2013); 335.155(1)
and (2); 335.155(3) (38 TexReg 970, effective
February 21, 2013); 335.156 through 335.167;
335.168 (except (c)); 335.168(c) (38 TexReg
970, effective February 21, 2013); 335.169;
335.170 (except (c)); 335.170(c) (38 TexReg
970, effective February 21, 2013); 335.171
through 335.179;
Chapter 335, Subchapter G—Location
Standards for Hazardous Waste Storage,
Processing, or Disposal, Sections 335.201(a)
(except (a)(3)); 335.201(c); 335.202
introductory paragraph; 335.202(2), (4), (9)–
(11), (13), (15)–(18); 335.203; 335.204(a)
introductory paragraph–(a)(5); 335.204(b)(1)–
(6); 335.204(c)(1)–(5); 335.204(d)(1)–(5);
335.204(e) introductory paragraph;
335.204(e)(1) introductory paragraph (except
the phrase ‘‘Except as . . . (B) of this
paragraph,’’ and the word ‘‘event’’ at the end
of the paragraph); 335.204(e)(2)–(7);
335.204(f); 335.205(a) introductory
paragraph—(a)(2) and (e);
Chapter 335, Subchapter H—Standards for
the Management of Specific Wastes and
Specific Types of Facilities, Sections
335.211; 335.212; 335.213 (38 TexReg 970,
effective February 21, 2013); 335.214;
335.221; 335.222(except (c)(1)); 335.222(c)(1)
(38 TexReg 970, effective February 21, 2013);
335.223 through 335.225; 335.241(except
(b)(4)); 335.251 (38 TexReg 970, effective
February 21, 2013); 335.261 (except (e));
335.271; 335.272;
Chapter 335, Subchapter O—Land Disposal
Restrictions, Section 335.431 (except (c)(1));
335.431(c)(1) (38 TexReg 970, effective
February 21, 2013);
Chapter 335, Subchapter R—Waste
Classification, Sections 335.504 introductory
paragraph; 335.504(1)–(3) (38 TexReg 970,
effective February 21, 2013);
Subchapter U, Standards For Owners And
Operators Of Hazardous Waste Facilities
Operating Under A Standard Permit, Sections
601 and 602.
Copies of the Texas regulations that are
incorporated by reference are available from
West Group Publishing, 610 Opperman
Drive, Eagan, 55123, ATTENTION: Order
Entry; Phone: 1–800–328–9352; Web site:
https://west.thomson.com.
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[FR Doc. 2015–31881 Filed 12–24–15; 8:45 am]
BILLING CODE 6560–50–P
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 219
[Docket No. FRA–2001–11213, Notice No.
20]
Alcohol and Drug Testing:
Determination of Minimum Random
Testing Rates for 2016
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
AGENCY:
ACTION:
Notice of determination.
This notice of determination
provides the FRA Administrator’s
minimum annual random drug and
alcohol testing rates for calendar year
2016.
SUMMARY:
This notice of determination is
effective December 28, 2015.
DATES:
Jerry
Powers, FRA Drug and Alcohol Program
Manager, W33–310, Federal Railroad
Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590,
(telephone 202–493–6313); or Sam Noe,
FRA Drug and Alcohol Program
Specialist, (telephone 615–719–2951).
FOR FURTHER INFORMATION CONTACT:
FRA
determines the minimum annual
random drug testing rate and minimum
random alcohol testing rate for the next
calendar year based on railroad industry
data available for two previous calendar
years (for this Notice, calendar years
2013 and 2014). Railroad industry data
submitted to FRA’s Management
Information System shows the rail
industry’s random drug testing positive
rate remained below 1.0 percent for the
applicable two calendar years. FRA’s
Administrator has therefore determined
the minimum annual random drug
testing rate for the period January 1,
2016, through December 31, 2016, will
remain at 25 percent of covered railroad
employees under 49 CFR 219.602. In
addition, because the industry-wide
random alcohol testing violation rate
remained below 0.5 percent for the
applicable two calendar years, the
Administrator has determined the
minimum random alcohol testing rate
will remain at 10 percent of covered
railroad employees for the period
January 1, 2016, through December 31,
2016 under 49 CFR 219.608. Because
these rates represent minimums,
railroads may conduct FRA random
testing at higher rates.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations
Issued in Washington, DC on December 21,
2015.
Sarah Feinberg,
Administrator.
[FR Doc. 2015–32544 Filed 12–24–15; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 225
[FRA–2008–0136, Notice No. 8]
RIN 2130–ZA13
Monetary Threshold for Reporting Rail
Equipment Accidents/Incidents for
Calendar Year 2016
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
This rule maintains the rail
equipment accident/incident monetary
reporting threshold at $10,500 for
railroad accidents/incidents involving
property damage that occur during
calendar year (CY) 2016 that FRA’s
accident/incident reporting regulations
require to be reported to the agency.
FRA is maintaining the reporting
threshold at the same level it did in CY
2015, and CY 2014, because, in part, the
wage and equipment data for the
second-quarter of 2015 (i.e., the data
used to calculate the threshold) changed
only slightly (about 1 percent) from
second-quarter 2014 values. In addition,
FRA is maintaining the monetary
threshold for CY 2016 at the CY 2015
level while it reexamines the method for
calculating the monetary threshold.
DATES: This final rule is effective
January 1, 2016.
FOR FURTHER INFORMATION CONTACT:
Kebo Chen, Staff Director, U.S.
Department of Transportation, Federal
Railroad Administration, Office of
Safety Analysis, RRS–22, Mail Stop 25,
West Building 3rd Floor, Room W33–
314, 1200 New Jersey Ave. SE.,
Washington, DC 20590 (telephone 202–
493–6079); or Sara Mahmoud-Davis,
Trial Attorney, U.S. Department of
Transportation, Federal Railroad
Administration, Office of Chief Counsel,
RCC–10, Mail Stop 10, West Building
3rd Floor, Room W33–435, 1200 New
Jersey Ave. SE., Washington, DC 20590
(telephone 202–366–1118).
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Background
A ‘‘rail equipment accident/incident’’
is a collision, derailment, fire,
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explosion, act of God, or other event
involving the operation of railroad ontrack equipment (standing or moving)
that results in damages to railroad ontrack equipment, signals, tracks, track
structures, or roadbed, including labor
costs and the costs for acquiring new
equipment and material, greater than
the reporting threshold for the year in
which the event occurs. 49 CFR
225.19(c). Each rail equipment accident/
incident must be reported to FRA using
the Rail Equipment Accident/Incident
Report (Form FRA F 6180.54). See 49
CFR 225.19(b), (c) and 225.21(a).
Paragraphs (c) and (e) of 49 CFR 225.19
further provide that FRA will adjust the
dollar figure that constitutes the
reporting threshold for rail equipment
accidents/incidents, if necessary, every
year under the procedures in appendix
B to 49 CFR part 225 (Appendix B) to
reflect any cost increases or decreases.
In this rule, FRA is keeping the
monetary threshold for CY 2016, at
$10,500, the same as the monetary
threshold for CY 2014 and CY 2015.
FRA is maintaining the reporting
threshold at the same level as CY 2015
because, in part, the wage and
equipment data for the second-quarter
of 2015 (i.e., the data used to calculate
the threshold) changed only slightly
(about 1 percent) from second-quarter
2014 values. FRA believes that the wage
and equipment data support keeping the
reporting threshold the same for CY
2016. Also, FRA anticipates making
changes to the methodology for
calculating the reporting threshold in
the coming year.
In addition to periodically reviewing
and adjusting the annual threshold
under Appendix B, FRA periodically
amends its method for calculating the
threshold. In 49 U.S.C. 20901(b),
Congress requires that FRA base the
threshold on publicly available
information obtained from the Bureau of
Labor Statistics (BLS), other objective
government source, or be subject to
notice and comment. In 1996, FRA
adopted a new method for calculating
the monetary reporting threshold for
accidents/incidents. See 61 FR 60632,
Nov. 29, 1996. In 2005, FRA again
amended its method for calculating the
reporting threshold because the BLS
ceased collecting and publishing the
railroad wage data FRA used in the
calculation. Consequently, FRA
substituted railroad employee wage data
the Surface Transportation Board (STB)
collects for the data BLS ceased to
collect. See 70 FR 75414, Dec. 20, 2005.
In 2016, FRA intends to evaluate and
amend, if appropriate, its method for
calculating the monetary threshold for
accident/incident reporting and, as a
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80683
result, the formula utilized to calculate
the threshold may change. FRA intends
to reexamine its method for calculating
the reporting threshold because new
methodologies for calculating the
threshold are available. FRA believes
updating its methodology to include
these advances will ensure the reporting
threshold reflects changes in equipment
and labor costs as accurately as possible.
Maintaining Current Reporting
Threshold
Approximately one year has passed
since FRA reviewed the rail equipment
accident/incident reporting threshold.
See 79 FR 77397, Dec. 24, 2014.
Consequently, FRA reviewed the
threshold as 49 CFR 225.19(c) requires,
and found that costs for labor remained
the same and costs for equipment
increased only slightly relative to
approximately one year ago.
In reviewing the threshold, FRA
gathered wage and equipment data from
the STB and BLS respectively. Under
the procedure in Appendix B, FRA
averaged the wages for Group No. 300
(Maintenance of Way and Structures)
and Group No. 400 (Maintenance of
Equipment and Stores employees). FRA
averaged the monthly equipment
indices from the Producer Price Index
(PPI) to produce a quarterly average.
Consistent with Appendix B, FRA
utilized data from the second-quarter of
2014 to the second-quarter of 2015.
To determine the changes in wages
and prices over this time period, FRA
calculated the quarter-to-quarter
changes (i.e., changes between each
consecutive quarter from the secondquarter of 2014 to the second-quarter of
2015). In addition, FRA calculated the
quarter-over-quarter change (i.e., the
change using only the beginning and
ending quarters of the selected time
period). The results are illustrated in the
table below.
Considering the wage input to the
threshold first, the average quarter-toquarter change in wages is 0 percent,
although individual quarter-to-quarter
changes ranged from negative 3 percent
to 5 percent. The quarter-over-quarter
change in wages is negative 0.1 percent
(rounded to 0 percent in the table).
Based on no overall change in wages,
the reporting threshold would not
change for 2016.
Examining the change in equipment
PPI over the same time period shows an
average quarter-to-quarter increase of
0.5 percent. The quarter-over-quarter
change is about 2 percent. The 2 percent
change, when applied to the current
$10,500 reporting threshold, would
indicate an increase of about $200.
However, the formula for calculating the
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]]>Agencies
[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)]
[Rules and Regulations]
[Pages 80682-80683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32544]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 219
[Docket No. FRA-2001-11213, Notice No. 20]
Alcohol and Drug Testing: Determination of Minimum Random Testing
Rates for 2016
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of determination.
-----------------------------------------------------------------------
SUMMARY: This notice of determination provides the FRA Administrator's
minimum annual random drug and alcohol testing rates for calendar year
2016.
DATES: This notice of determination is effective December 28, 2015.
FOR FURTHER INFORMATION CONTACT: Jerry Powers, FRA Drug and Alcohol
Program Manager, W33-310, Federal Railroad Administration, 1200 New
Jersey Avenue SE., Washington, DC 20590, (telephone 202-493-6313); or
Sam Noe, FRA Drug and Alcohol Program Specialist, (telephone 615-719-
2951).
SUPPLEMENTARY INFORMATION: FRA determines the minimum annual random
drug testing rate and minimum random alcohol testing rate for the next
calendar year based on railroad industry data available for two
previous calendar years (for this Notice, calendar years 2013 and
2014). Railroad industry data submitted to FRA's Management Information
System shows the rail industry's random drug testing positive rate
remained below 1.0 percent for the applicable two calendar years. FRA's
Administrator has therefore determined the minimum annual random drug
testing rate for the period January 1, 2016, through December 31, 2016,
will remain at 25 percent of covered railroad employees under 49 CFR
219.602. In addition, because the industry-wide random alcohol testing
violation rate remained below 0.5 percent for the applicable two
calendar years, the Administrator has determined the minimum random
alcohol testing rate will remain at 10 percent of covered railroad
employees for the period January 1, 2016, through December 31, 2016
under 49 CFR 219.608. Because these rates represent minimums, railroads
may conduct FRA random testing at higher rates.
[[Page 80683]]
Issued in Washington, DC on December 21, 2015.
Sarah Feinberg,
Administrator.
[FR Doc. 2015-32544 Filed 12-24-15; 8:45 am]
BILLING CODE 4910-06-P
