Pipeline Safety: Random Drug Testing Rate, 9018-9019 [2010-3966]

Download as PDF 9018 Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Notices airport.1 The FAA may grant a waiver from the minimum usage requirements in highly unusual and unpredictable conditions that are beyond the control of the carrier and affect carrier operations for a period of five consecutive days or more. Statement of Policy The FAA has determined these unusual circumstances meet the criteria for a limited waiver of the minimum slot usage. Accordingly, the FAA will treat as used any slot or Operating Authorization held by a carrier from February 5 through 15, 2010. The FAA does not intend to routinely grant general waivers to the usage requirements. Rules allow for up to 20 percent nonuse, including planned and unplanned cancellations. These rules are expected to accommodate routine weather and other cancellations under all but the most unusual circumstances. Issued in Washington, DC on February 19th, 2010. James W. Whitlow, Acting Chief Counsel. [FR Doc. 2010–3958 Filed 2–25–10; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration (FRA) has received a request for a waiver of compliance from certain requirements of its safety standards. The individual petition is described below, including the party seeking relief, the regulatory provisions involved, the nature of the relief being requested, and the petitioner’s arguments in favor of relief. Genesis Worldwide Logistics sroberts on DSKD5P82C1PROD with NOTICES [Waiver Petition Docket Number FRA–2010– 0008] The Genesis Worldwide Logistics (GWWL) has petitioned FRA for a waiver of compliance from the requirements of 49 CFR 223.11, ‘‘Safety Glazing Standards for Locomotives,’’ and 49 CFR 231.30, ‘‘Locomotives used in Switching Service.’’ GWWL is in the business of providing in-plant switching services for a warehousing and packaging distribution business located in Houston, Texas. The efficiency and safety of their in-plant operation is 1 14 CFR § 93.227 (DCA); 74 FR 51648 (Oct. 7, 2009) (EWR); 74 FR 51650 (Oct. 7, 2009) (JFK); 74 FR 51653 (Oct. 7, 2009) (LGA). VerDate Nov<24>2008 16:39 Feb 25, 2010 Jkt 220001 dependent on their use of the ‘‘StewartStevenson SS–4650 RailKing.’’ GWWL reports that this is a most technologically up-to-date selfpropelled vehicle designed for the movement of rail cars. The switching and interchange operations of GWWL are limited to movement on tracks at speeds of less than 10 mph on ‘‘otherthan-main-track’’ and on their own leased track from the Union Pacific. The approval of this request would allow for ‘‘compliant use’’ of the SS4650 RailKing for these operations. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number (e.g., Waiver Petition Docket Number FRA–2010– 0008) and may be submitted by any of the following methods: • Web site: https:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue, SE., Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Communications received within 45 days of the date of this notice will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.–5 p.m.) at the above facility. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility’s Web site at https://www.regulations.gov. Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 published on April 11, 2000 (65 FR 19477) or at https://www.dot.gov/ privacy.html. Issued in Washington, DC, on February 22, 2010. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. 2010–3949 Filed 2–25–10; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket ID PHMSA–2010–0034] Pipeline Safety: Random Drug Testing Rate AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice of Minimum Annual Percentage Rate for Random Drug Testing. SUMMARY: PHMSA has determined that the minimum random drug testing rate for covered employees will remain at 25 percent during calendar year 2010. DATES: Effective January 1, 2010 through December 31, 2010. FOR FURTHER INFORMATION CONTACT: Stanley Kastanas, Program Manager, Substance Abuse Prevention Program, PHMSA, U.S. Department of Transportation, telephone 202–550– 0629 or e-mail stanley.kastanas@dot.gov. Operators of gas, hazardous liquid, and carbon dioxide pipelines and operators of liquefied natural gas facilities must select and test a percentage of covered employees for random drug testing. Pursuant to 49 CFR 199.105(c)(2), (3), and (4), the PHMSA Administrator’s decision on whether to change the minimum annual random drug testing rate is based on the reported random drug test positive rate for the pipeline industry. The data considered by the Administrator comes from operators’ annual submissions of Management Information System (MIS) reports required by 49 CFR 199.119(a). If the reported random drug test positive rate is less than one percent, the Administrator may continue the minimum random drug testing rate at 25 percent. In 2008, the random drug test positive rate was less than one percent. Therefore, the minimum random drug testing rate will remain at 25 percent for calendar year 2010. SUPPLEMENTARY INFORMATION: E:\FR\FM\26FEN1.SGM 26FEN1 Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Notices On January 19, 2010, PHMSA published an Advisory Bulletin (75 FR 2926) implementing the annual collection of contractor MIS drug and alcohol testing data. All applicable § 199.119 (drug testing) and § 199.229 (alcohol testing) MIS reporting operators are responsible for the submission of all contractor MIS reports to PHMSA, as well as their own, by March 15, 2010. Contractors with employees in safetysensitive positions who performed, as defined in § 199.3 of 49 CFR Part 199, covered functions, must submit these reports only through the auspices of each operator for whom these covered employees performed those covered functions (i.e., maintenance, operations or emergency-response). Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60117, and 60118; 49 CFR 1.53. Issued in Washington, DC, on February 19, 2010. Jeffrey D. Wiese, Associate Administrator for Pipeline Safety. [FR Doc. 2010–3966 Filed 2–25–10; 8:45 am] BILLING CODE 4910–60–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2010–0014; Notice 1] Notice of Receipt of Petition for Decision That Nonconforming 2009 AL Spaw EMA Mobile Stage Trailers Are Eligible for Importation sroberts on DSKD5P82C1PROD with NOTICES AGENCY: National Highway Traffic Safety Administration, DOT. ACTION: Notice of receipt of petition for decision that nonconforming 2009 AL Spaw EMA Mobile Stage trailers are eligible for importation. SUMMARY: This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2009 AL Spaw EMA Mobile Stage trailers that were not originally manufactured to comply with all applicable Federal Motor Vehicle Safety Standards (FMVSS) are eligible for importation into the United States because they have safety features that comply with, or are capable of being altered to comply with, all such standards. DATES: The closing date for comments on the petition is March 29, 2010. ADDRESSES: Comments should refer to the docket and notice numbers above and be submitted by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the VerDate Nov<24>2008 16:39 Feb 25, 2010 Jkt 220001 online instructions for submitting comments. • Mail: Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. • Fax: 202–493–2251. Instructions: Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that your comments were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to https://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below. Privacy Act: Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78). How to Read Comments submitted to the Docket: You may read the comments received by Docket Management at the address and times given above. You may also view the documents from the Internet at https://www.regulations.gov. Follow the online instructions for accessing the dockets. The docket ID number and title of this notice are shown at the heading of this document notice. Please note that even after the comment closing date, we will continue to file relevant information in the Docket as it becomes available. Further, some people may submit late comments. Accordingly, we recommend that you periodically search the Docket for new material. FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle Safety Compliance, NHTSA (202–366–3151). SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 30141(a)(1)(B), a motor vehicle that was not originally manufactured to conform to all PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 9019 applicable FMVSS, and has no substantially similar U.S.-certified counterpart, shall be refused admission into the United States unless NHTSA has decided that the motor vehicle has safety features that comply with, or are capable of being altered to comply with, all applicable FMVSS based on destructive test data or such other evidence as NHTSA decides to be adequate. Petitions for eligibility decisions may be submitted by either manufacturers or importers who have registered with NHTSA pursuant to 49 CFR Part 592. As specified in 49 CFR 593.7, NHTSA publishes notice in the Federal Register of each petition that it receives, and affords interested persons an opportunity to comment on the petition. At the close of the comment period, NHTSA decides, on the basis of the petition and any comments that it has received, whether the vehicle is eligible for importation. The agency then publishes this decision in the Federal Register. Red Top Auto Sales (Red Top) of Fort Myers, Florida (Registered Importer 08– 354) has petitioned NHTSA to decide whether 2009 AL Spaw EMA Mobile Stage trailers that were not originally manufactured to conform to all applicable FMVSS are eligible for importation into the United States. Red Top contends that these vehicles are eligible for importation under 49 U.S.C. 30141(a)(1)(B) because they have safety features that comply with, or are capable of being altered to comply with, all applicable FMVSS. Red Top submitted information with its petition intended to demonstrate that 2009 AL Spaw EMA Mobile Stage trailers are capable of being modified to comply with all applicable standards. Specifically, the petitioner claims that 2009 AL Spaw EMA Mobile Stage trailers are capable of being altered to meet the following standards, in the manner indicated: Standard No. 108 Lamps, Reflective Devices and Associated Equipment: installation of conforming rear reflex reflectors, license plate lamps, rear side marker lamps, front side marker lamps, intermediate side markers lamps, rear side reflex reflectors, front side reflex reflectors, intermediate side reflex reflectors, rear identification lamps and rear clearance lamps, to achieve compliance with the standard. Standard No. 109 New Pneumatic Tires for Vehicles Other than Passenger Cars: Inspection of all vehicles and replacement of any non conforming tires with ones that meet the standard. Standard No. 110 Tire Selection and Rims for Motor Vehicles Other than E:\FR\FM\26FEN1.SGM 26FEN1

Agencies

[Federal Register Volume 75, Number 38 (Friday, February 26, 2010)]
[Notices]
[Pages 9018-9019]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3966]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket ID PHMSA-2010-0034]


Pipeline Safety: Random Drug Testing Rate

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Notice of Minimum Annual Percentage Rate for Random Drug 
Testing.

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SUMMARY: PHMSA has determined that the minimum random drug testing rate 
for covered employees will remain at 25 percent during calendar year 
2010.

DATES: Effective January 1, 2010 through December 31, 2010.

FOR FURTHER INFORMATION CONTACT: Stanley Kastanas, Program Manager, 
Substance Abuse Prevention Program, PHMSA, U.S. Department of 
Transportation, telephone 202-550-0629 or e-mail 
stanley.kastanas@dot.gov.

SUPPLEMENTARY INFORMATION: Operators of gas, hazardous liquid, and 
carbon dioxide pipelines and operators of liquefied natural gas 
facilities must select and test a percentage of covered employees for 
random drug testing. Pursuant to 49 CFR 199.105(c)(2), (3), and (4), 
the PHMSA Administrator's decision on whether to change the minimum 
annual random drug testing rate is based on the reported random drug 
test positive rate for the pipeline industry. The data considered by 
the Administrator comes from operators' annual submissions of 
Management Information System (MIS) reports required by 49 CFR 
199.119(a). If the reported random drug test positive rate is less than 
one percent, the Administrator may continue the minimum random drug 
testing rate at 25 percent. In 2008, the random drug test positive rate 
was less than one percent. Therefore, the minimum random drug testing 
rate will remain at 25 percent for calendar year 2010.

[[Page 9019]]

    On January 19, 2010, PHMSA published an Advisory Bulletin (75 FR 
2926) implementing the annual collection of contractor MIS drug and 
alcohol testing data. All applicable Sec.  199.119 (drug testing) and 
Sec.  199.229 (alcohol testing) MIS reporting operators are responsible 
for the submission of all contractor MIS reports to PHMSA, as well as 
their own, by March 15, 2010. Contractors with employees in safety-
sensitive positions who performed, as defined in Sec.  199.3 of 49 CFR 
Part 199, covered functions, must submit these reports only through the 
auspices of each operator for whom these covered employees performed 
those covered functions (i.e., maintenance, operations or emergency-
response).

    Authority:  49 U.S.C. 5103, 60102, 60104, 60108, 60117, and 
60118; 49 CFR 1.53.

    Issued in Washington, DC, on February 19, 2010.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. 2010-3966 Filed 2-25-10; 8:45 am]
BILLING CODE 4910-60-P

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