Alcohol and Drug Testing: Determination of Minimum Random Testing Rates for 2011, 79308-79309 [2010-31805]

Download as PDF 79308 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Rules and Regulations After considering the economic impact of today’s Direct Final rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. This action does not create any new regulatory requirements, but rather makes technical corrections to Subpart K of the hazardous waste generator regulations. Although this Direct Final rule will not have a significant economic impact on a substantial number of small entities, EPA nonetheless has tried to reduce the impact of this rule on small entities. B. Congressional Review Act The Congressional Review Act, 5 U.S.C. section 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 262 Environmental protection, Exports, Hazardous materials transportation, Hazardous waste, Imports, Labeling, Packaging and containers, Reporting and recordkeeping requirements. For the reasons set out in the preamble, Part 262 of title 40, chapter I of the Code of Federal Regulations is amended as follows: jlentini on DSKJ8SOYB1PROD with RULES PART 262—STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE 1. The authority citation for part 262 continues to read as follows: Authority: 42 U.S.C. 6906, 6912, 6922– 6925, 6937, and 6938. VerDate Mar<15>2010 19:04 Dec 17, 2010 Jkt 223001 2. Amend § 262.200 to revise the definition of ‘‘central accumulation area’’ to read as follows: ■ § 262.200 Definitions for this subpart. * * * * * Central accumulation area means an on-site hazardous waste accumulation area subject to either § 262.34(a)–(b) of this part (large quantity generators) or § 262.34(d)–(f) of this part (small quantity generators). A central accumulation area at an eligible academic entity that chooses to be subject to this subpart must also comply with § 262.211 when accumulating unwanted material and/or hazardous waste. * * * * * ■ 3. Amend § 262.206 to revise paragraph (b)(3)(i), to read as follows: § 262.206 Labeling and management standards for containers of unwanted material in the laboratory. * * * * * (b) * * * (3) * * * (i) When adding, removing or bulking unwanted material, or * * * * * ■ 4. Amend § 262.212 to revise paragraph (e)(1), to read as follows: § 262.212 Making the hazardous waste determination at an on-site interim status or permitted treatment, storage or disposal facility. * Dated: December 13, 2010. Mathy Stanislaus, Assistant Administrator, Office of Solid Waste and Emergency Response. ■ Subpart K—Alternative Requirements for Hazardous Waste Determination and Accumulation of Unwanted Material for Laboratories Owned by Eligible Academic Entities * * * * (e) * * * (1) Write the words ‘‘hazardous waste’’ on the container label that is affixed or attached to the container within 4 calendar days of arriving at the on-site interim status or permitted treatment, storage or disposal facility and before the hazardous waste may be removed from the on-site interim status or permitted treatment, storage or disposal facility, and * * * * * ■ 5. Amend § 262.214 to revise paragraphs (a)(1) introductory text and (b)(1), to read as follows: § 262.214 Laboratory management plan. * * * * * (a) * * * (1) Describe procedures for container labeling in accordance with § 262.206(a), as follows: * * * * * (b) * * * PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 (1) Describe its intended best practices for container labeling and management (see the required standards at § 262.206). * * * * * [FR Doc. 2010–31746 Filed 12–17–10; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Part 219 [Docket No. 2001–11213, Notice No. 14] Alcohol and Drug Testing: Determination of Minimum Random Testing Rates for 2011 Federal Railroad Administration (FRA), DOT. ACTION: Notice of Determination. AGENCY: Using data from Management Information System annual reports, FRA has determined that the 2009 rail industry random testing positive rates were .037 percent for drugs and .014 percent for alcohol. Because the industry-wide random drug testing positive rate has remained below 1.0 percent for the last two years of data, the Federal Railroad Administrator (Administrator) has determined that the minimum annual random drug testing rate for the period January 1, 2011, through December 31, 2011, will remain at 25 percent of covered railroad employees. In addition, because the industry-wide random alcohol testing violation rate has remained below 0.5 percent for the last two years, the Administrator has determined that the minimum random alcohol testing rate will remain at 10 percent of covered railroad employees for the period January 1, 2011, through December 31, 2011. DATES: This notice of determination is effective December 20, 2010. FOR FURTHER INFORMATION CONTACT: Lamar Allen, Alcohol and Drug Program Manager, Office of Safety Enforcement, Mail Stop 25, Federal Railroad Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590, (telephone 202 493–6313); or Kathy Schnakenberg, FRA Alcohol/Drug Program Specialist, (telephone 816 561– 2714). SUPPLEMENTARY INFORMATION: SUMMARY: Administrator’s Determination of 2011 Minimum Random Drug and Alcohol Testing Rates In a final rule published on December 2, 1994 (59 FR 62218), FRA announced E:\FR\FM\20DER1.SGM 20DER1 jlentini on DSKJ8SOYB1PROD with RULES Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Rules and Regulations that it will set future minimum random drug and alcohol testing rates according to the rail industry’s overall positive rate, which is determined using annual railroad drug and alcohol program data taken from FRA’s Management Information System. Based on this data, the Administrator publishes a Federal Register notice of determination each year, announcing the minimum random drug and alcohol testing rates for the following year. See 49 CFR 219.602, 608. Under this performance-based system, FRA may lower the minimum random drug testing rate to 25 percent of covered railroad employees whenever the industry-wide random drug positive rate is less than 1.0 percent for two calendar years while testing at a 50 percent minimum rate. For both drugs and alcohol, FRA reserves the right to consider other factors, such as the number of positives in its post-accident testing program, before deciding whether to lower annual minimum random testing rates. If the industrywide random drug positive rate is 1.0 percent or higher in any subsequent calendar year, FRA will return the minimum random drug testing rate to 50 percent of covered railroad employees. If the industry-wide random alcohol violation rate is less than 1.0 percent but greater than 0.5 percent, the minimum random alcohol testing rate will be 25 percent of covered railroad employees. FRA will raise the minimum random rate to 50 percent of covered railroad employees if the industry-wide random alcohol violation rate is 1.0 percent or higher in any subsequent calendar year. FRA may lower the minimum random alcohol testing rate to 10 percent of covered railroad employees whenever the industry-wide violation rate is less than 0.5 percent for two calendar years while testing at a higher rate. In this notice of determination, FRA announces that the minimum random drug testing rate will remain at 25 percent of covered railroad employees for the period January 1, 2011, through December 31, 2011, because the industry random drug testing positive rate was below 1.0 percent for the last two years (.046 in 2008 and .037 in 2009). The minimum random alcohol testing rate will remain at 10 percent of covered railroad employees for the period January 1, 2011, through December 31, 2011, because the industry-wide violation rate for alcohol has remained below 0.5 percent for the last two years (.015 in 2008 and .014 in 2009). Railroads remain free, as always, to conduct random testing at higher rates. VerDate Mar<15>2010 19:04 Dec 17, 2010 Jkt 223001 Issued in Washington, DC, on December 13, 2010. Joseph C. Szabo, Administrator. [FR Doc. 2010–31805 Filed 12–17–10; 8:45 am] BILLING CODE 4910–06–P 79309 December 9, 2010, correct the DATES section to read as follows: DATES: This rule is effective January 3, 2011 through June 1, 2011, unless NMFS publishes a superseding document in the Federal Register. Authority: 16 U.S.C. 1801 et seq. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Dated: December 15, 2010. John Oliver, Deputy Assistant Administrator for Operations, National Marine Fisheries Service. [FR Doc. 2010–31917 Filed 12–17–10; 8:45 am] 50 CFR Part 622 BILLING CODE 3510–22–P [Docket No. 101124587–0586–01] RIN 0648–BA47 DEPARTMENT OF COMMERCE Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; SnapperGrouper Fishery Off the South Atlantic States; Emergency Rule To Delay Effectiveness of the Snapper-Grouper Area Closure; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; correction. AGENCY: This document contains a correction to the temporary rule that delays the effective date of the area closure for snapper-grouper specified in Amendment 17A to the Fishery Management Plan for the SnapperGrouper Fishery of the South Atlantic Region (FMP) that was published in the Federal Register December 9, 2010. DATES: Effective December 20, 2010, the effective date of the rule published in the Federal Register December 9, 2010 (75 FR 76890), is corrected to January 3, 2011, through June 1, 2011, unless NMFS publishes a superseding document in the Federal Register. FOR FURTHER INFORMATION CONTACT: Anik Clemens, 727–824–5305; fax: 727– 824–5308; e-mail: Anik.Clemens@noaa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Need for Correction On December 9, 2010 (75 FR 76890), NMFS published an incorrect effective date in the DATES section of the temporary rule. The DATES section contained an incorrect effective date of January 3, 2010. The correct effective date for the temporary rule is January 3, 2011, through June 1, 2011, unless NMFS publishes a superseding document in the Federal Register. This document corrects that effective date. Correction In FR Doc. 2010–30682 appearing on page 78158 in the Federal Register of PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 National Oceanic and Atmospheric Administration 50 CFR Part 635 RIN 0648–XA017 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason retention limit adjustment. AGENCY: NMFS has determined that the Atlantic tunas General category daily Atlantic bluefin tuna (BFT) retention limit should be adjusted for the month of January 2011, based on consideration of the regulatory determination criteria regarding inseason adjustments. This action applies to Atlantic tunas General category permitted vessels and Highly Migratory Species Charter/Headboat category permitted vessels (when fishing commercially for BFT). DATES: Effective January 1, 2011, through January 31, 2011. FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Brad McHale, 978–281–9260. SUPPLEMENTARY INFORMATION: Regulations implemented under the authority of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by persons and vessels subject to U.S. jurisdiction are found at 50 CFR part 635. Section 635.27 subdivides the U.S. BFT quota recommended by the International Commission for the Conservation of Atlantic Tunas (ICCAT) among the various domestic fishing categories, per the allocations SUMMARY: E:\FR\FM\20DER1.SGM 20DER1

Agencies

[Federal Register Volume 75, Number 243 (Monday, December 20, 2010)]
[Rules and Regulations]
[Pages 79308-79309]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31805]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 219

[Docket No. 2001-11213, Notice No. 14]


Alcohol and Drug Testing: Determination of Minimum Random Testing 
Rates for 2011

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Notice of Determination.

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SUMMARY: Using data from Management Information System annual reports, 
FRA has determined that the 2009 rail industry random testing positive 
rates were .037 percent for drugs and .014 percent for alcohol. Because 
the industry-wide random drug testing positive rate has remained below 
1.0 percent for the last two years of data, the Federal Railroad 
Administrator (Administrator) has determined that the minimum annual 
random drug testing rate for the period January 1, 2011, through 
December 31, 2011, will remain at 25 percent of covered railroad 
employees. In addition, because the industry-wide random alcohol 
testing violation rate has remained below 0.5 percent for the last two 
years, the Administrator has determined that the minimum random alcohol 
testing rate will remain at 10 percent of covered railroad employees 
for the period January 1, 2011, through December 31, 2011.

DATES: This notice of determination is effective December 20, 2010.

FOR FURTHER INFORMATION CONTACT: Lamar Allen, Alcohol and Drug Program 
Manager, Office of Safety Enforcement, Mail Stop 25, Federal Railroad 
Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
(telephone 202 493-6313); or Kathy Schnakenberg, FRA Alcohol/Drug 
Program Specialist, (telephone 816 561-2714).

SUPPLEMENTARY INFORMATION:

Administrator's Determination of 2011 Minimum Random Drug and Alcohol 
Testing Rates

    In a final rule published on December 2, 1994 (59 FR 62218), FRA 
announced

[[Page 79309]]

that it will set future minimum random drug and alcohol testing rates 
according to the rail industry's overall positive rate, which is 
determined using annual railroad drug and alcohol program data taken 
from FRA's Management Information System. Based on this data, the 
Administrator publishes a Federal Register notice of determination each 
year, announcing the minimum random drug and alcohol testing rates for 
the following year. See 49 CFR 219.602, 608.
    Under this performance-based system, FRA may lower the minimum 
random drug testing rate to 25 percent of covered railroad employees 
whenever the industry-wide random drug positive rate is less than 1.0 
percent for two calendar years while testing at a 50 percent minimum 
rate. For both drugs and alcohol, FRA reserves the right to consider 
other factors, such as the number of positives in its post-accident 
testing program, before deciding whether to lower annual minimum random 
testing rates. If the industry-wide random drug positive rate is 1.0 
percent or higher in any subsequent calendar year, FRA will return the 
minimum random drug testing rate to 50 percent of covered railroad 
employees.
    If the industry-wide random alcohol violation rate is less than 1.0 
percent but greater than 0.5 percent, the minimum random alcohol 
testing rate will be 25 percent of covered railroad employees. FRA will 
raise the minimum random rate to 50 percent of covered railroad 
employees if the industry-wide random alcohol violation rate is 1.0 
percent or higher in any subsequent calendar year. FRA may lower the 
minimum random alcohol testing rate to 10 percent of covered railroad 
employees whenever the industry-wide violation rate is less than 0.5 
percent for two calendar years while testing at a higher rate.
    In this notice of determination, FRA announces that the minimum 
random drug testing rate will remain at 25 percent of covered railroad 
employees for the period January 1, 2011, through December 31, 2011, 
because the industry random drug testing positive rate was below 1.0 
percent for the last two years (.046 in 2008 and .037 in 2009). The 
minimum random alcohol testing rate will remain at 10 percent of 
covered railroad employees for the period January 1, 2011, through 
December 31, 2011, because the industry-wide violation rate for alcohol 
has remained below 0.5 percent for the last two years (.015 in 2008 and 
.014 in 2009). Railroads remain free, as always, to conduct random 
testing at higher rates.

    Issued in Washington, DC, on December 13, 2010.
Joseph C. Szabo,
Administrator.
[FR Doc. 2010-31805 Filed 12-17-10; 8:45 am]
BILLING CODE 4910-06-P

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