Drug and Alcohol Testing: Determination of Minimum Random Testing Rates for 2019, 67480-67481 [2018-28290]
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Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Notices
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or more for every 5 hours worked and
a rest break of 10 minutes or more for
every 4 hours worked.15 See WAC 296–
126–092. The State of Nevada requires
employers to provide nonexempt
employees a 30-minute meal period
when working a continuous eight hours
and a 10-minute break for each four (4)
hours worked or major fraction
thereof.16 See NRS 608.019; NAC
608.145.
Here, the diversity of State regulation
of required meal and rest breaks for
CMV drivers has resulted in a
patchwork of requirements, and several
commenters have described the
difficulty navigating them. In this
regard, the American Association of
Bakers stated that its member
companies and drivers who are part of
regional distribution networks have had
to create ‘‘elaborate schedules to remain
in compliance with separate meal and
rest break rules that are far less flexible’’
than the Federal HOS regulations. C.R.
England provided a map showing the
patchwork of State-mandated break laws
that a driver could encounter on one or
more long-haul trips that span the
country, and stated that complying with
disparate State laws in this regard was
costly and time consuming. The
National Association of WholesalerDistributors commented that one of its
member companies that operates in six
States must spend ‘‘several thousand
dollars annually simply to track the
differences in [rest break] rules for the
states in which they operate.’’ Other
commenters, such as the Association of
American Railroads, Motor Carriers of
Montana, New Prime, and the National
Association of Small Trucking
Companies, also discussed operating
procedure adjustments and other
administrative burdens that result from
varying State requirements which serve
to disrupt the flow of interstate
commerce.
The International Brotherhood of
Teamsters argues that drivers pass
through an assortment of State or local
regulations throughout their workday,
including varying speed limits, tolling
facilities, and enforcement zones for
distracted driving and DUI; yet those
rules do not constitute an unreasonable
burden on interstate commerce. The
15 In Washington, the meal period must
commence between two and five hours from the
beginning of the shift. The rest break must
commence no later than the end of the third hour
of the shift. WAC 296–126–092
16 Nevada requires one 10-minute break if the
employee works between 31⁄2 and 7 hours; two 10minute breaks if the employee works between 7 and
11 hours; three 10-minute breaks if the employee
works between 11 and 15 hours; or four 10-minute
breaks if the employee works between 15 and 19
hours. See NAC 608.145(a)–(d).
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18:13 Dec 27, 2018
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Agency is not persuaded by this
argument. The 1984 Act explicitly
prohibits the Agency from
‘‘prescrib[ing] traffic safety regulations
or preempt[ing] state traffic regulations’’
such as those described. 49 U.S.C.
31147(a). In addition, issues
surrounding State taxation and tolling
are well outside the scope of the
Agency’s statutory authority. Therefore,
the extent to which the ‘‘assortment of
state or local regulations’’ cited by the
International Brotherhood of Teamsters
unreasonably burden interstate
commerce, if at all, as compared to the
MRB Rules is not part of the Agency’s
deliberative process.
The Agency determines that enforcing
the MRB Rules decreases productivity
and results in increased administrative
burden and costs. In addition, the
Agency believes it to be an unreasonable
burden on interstate commerce for
motor carriers to have to cull through
the varying State requirements, in
addition to Federal HOS rules, to
remain in compliance, as commenters
have described. As explained above,
uniform national regulation is less
burdensome than individual State
regulations, which are often conflicting.
Therefore, the Agency concludes that
the MRB Rules place an unreasonable
burden on interstate commerce.
Preemption Decision
As described above, the FMCSA
concludes that: (1) The MRB Rules are
State laws or regulations ‘‘on
commercial motor vehicle safety,’’ to the
extent they apply to drivers of propertycarrying CMVs subject to the FMCSA’s
HOS rules; (2) the MRB Rules are
additional to or more stringent than the
FMCSA’s HOS rules; (3) the MRB Rules
have no safety benefit; (4) the MRB
Rules are incompatible with the
FMCSA’s HOS rules; and (5)
enforcement of the MRB Rules would
cause an unreasonable burden on
interstate commerce. Accordingly, the
FMCSA grants the petitions for
preemption of the ATA and the SCRA,
and determines that the MRB Rules are
preempted pursuant to 49 U.S.C. 31141.
California may no longer enforce the
MRB Rules with respect to drivers of
property-carrying CMVs subject to
FMCSA’s HOS rules.
Dated: December 21, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018–28325 Filed 12–21–18; 4:15 pm]
BILLING CODE 4910–EX–P
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2001–11213, Notice No.
23]
Drug and Alcohol Testing:
Determination of Minimum Random
Testing Rates for 2019
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notification of determination.
AGENCY:
This notification of
determination announces FRA’s
minimum annual random drug and
minimum annual random alcohol
testing rates for covered employees and
for maintenance-of-way (MOW)
employees for calendar year 2019.
DATES: This determination takes effect
December 28, 2018.
FOR FURTHER INFORMATION CONTACT:
Gerald 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, Federal Railroad
Administration (telephone 615–719–
2951).
SUMMARY:
FRA is
announcing the 2019 minimum annual
random drug and alcohol testing rates
for covered service employees, and the
2019 minimum annual random drug
and alcohol testing rates for MOW
employees. For calendar year 2019, the
minimum annual random testing rates
for covered service employees will
continue to be 25 percent for drugs and
10 percent for alcohol, while the
minimum annual random testing rates
for MOW employees will continue to be
50 percent for drugs and 25 percent for
alcohol.
To set its minimum annual random
testing rates for each year, FRA
examines the last two complete calendar
years of railroad industry drug and
alcohol program data submitted to its
Management Information System (MIS).
The rail industry’s random drug testing
positive rate for covered service
employees (employees subject to the
hours of service laws and regulations)
remained below 1.0 percent for 2016
and 2017. The Administrator has
therefore determined the minimum
annual random drug testing rate for the
period January 1, 2019, through
December 31, 2019, will remain at 25
percent for covered service employees.
The industry-wide random alcohol
testing violation rate for covered service
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Notices
employees remained below 0.5 percent
for 2016 and 2017. Therefore, the
Administrator has determined the
minimum random alcohol testing rate
will remain at 10 percent for covered
service employees for the period
January 1, 2019, through December 31,
2019. Because these rates represent
minimums, railroads may conduct FRA
random testing at higher rates.
MOW employees became subject to
FRA random drug and alcohol testing in
June 2017. The Administrator has
determined that the minimum annual
random testing rates initially
established for MOW employees will
remain in effect since FRA does not yet
have MIS data on their industry-wide
performance rates. Therefore, for the
period January 1, 2019, through
December 31, 2019, the minimum
annual random drug testing rate will
continue to be 50 percent for MOW
employees, and the minimum annual
random alcohol testing rate will
continue to be 25 percent for MOW
employees. As with covered service
employees, because these rates
represent minimums, railroads may
conduct FRA random testing of MOW
employees at higher rates.
Issued in Washington, DC.
Ronald L. Batory,
Administrator.
[FR Doc. 2018–28290 Filed 12–27–18; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2010–0029]
National Railroad Passenger
Corporation’s Request for Positive
Train Control Safety Plan Approval and
System Certification
Federal Railroad
Administration (FRA), U.S. Department
of Transportation (DOT).
ACTION: Notice of availability and
request for comments.
AGENCY:
This document provides the
public with notice that on August 9,
2018, the National Railroad Passenger
Corporation (Amtrak) submitted its
Positive Train Control Safety Plan
(PTCSP) Revision 0, dated July 17, 2018,
to FRA via the Secure Information
Repository. Amtrak asks FRA to approve
its PTCSP and issue a Positive Train
Control System Certification for
Amtrak’s Interoperable Electronic Train
Management System (I–ETMS).
DATES: FRA will consider comments
received by January 28, 2019 before
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SUMMARY:
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18:13 Dec 27, 2018
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taking final action on the PTCSP. FRA
may consider comments received after
that date if practicable.
ADDRESSES: All comments concerning
this proceeding should identify Docket
Number FRA–2010–0029 and may be
submitted by any of the following
methods:
• Website: 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.
FOR FURTHER INFORMATION CONTACT: Ms.
Carolyn Hayward-Williams, Staff
Director, Positive Train Control/Signal &
Train Control Division, at 202–493–
6399 or c.hayward-williams@dot.gov.
SUPPLEMENTARY INFORMATION: In its
PTCSP, Amtrak asserts that the I–ETMS
system it is implementing is designed as
an overlay PTC system as defined in
Title 49 Code of Federal Regulations
(CFR) 236.1015(e). The PTCSP describes
Amtrak’s I–ETMS implementation and
the associated I–ETMS safety processes,
safety analyses, and test, validation, and
verification processes used during the
development of I–ETMS. The PTCSP
also contains Amtrak’s operational and
support requirements and procedures.
Amtrak’s PTCSP and the
accompanying request for approval and
system certification are available for
review online at www.regulations.gov
(Docket Number FRA–2010–0029) and
in person at DOT’s Docket Operations
Facility, 1200 New Jersey Avenue SE,
W12–140, Washington, DC 20590. The
Docket Operations Facility is open from
9 a.m. to 5 p.m., Monday through
Friday, except Federal holidays.
Interested parties are invited to
comment on the PTCSP by submitting
written comments or data. During its
review of the PTCSP, FRA will consider
any comments or data submitted. 49
CFR 236.1011(e). However, FRA may
elect not to respond to any particular
comment and, under 49 CFR
236.1009(d)(3), FRA maintains the
authority to approve or disapprove the
PTCSP at its sole discretion.
Privacy Act Notice
In accordance with 49 CFR 211.3,
FRA solicits comments from the public
to better inform its decisions. DOT posts
these comments, without edit, including
any personal information the
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67481
commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
https://www.transportation.gov/privacy.
See https://www.regulations.gov/privacy
Notice for the privacy notice of
regulations.gov. In order to facilitate
comment tracking, we encourage
commenters to provide their name, or
the name of their organization; however,
submission of names is completely
optional. If you wish to provide
comments containing proprietary or
confidential information, please contact
FRA for alternate submission
instructions.
Issued in Washington, DC, on December
21, 2018.
Robert C. Lauby,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2018–28317 Filed 12–27–18; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Notice of Final Federal Agency Actions
on Proposed Highway Projects in
Texas
Texas Department of
Transportation (TxDOT), Federal
Highway Administration (FHWA), U.S.
Department of Transportation.
ACTION: Notice of limitation on claims
for judicial review of actions by TxDOT
and Federal agencies.
AGENCY:
This notice announces actions
taken by TxDOT and Federal agencies
that are final. The environmental
review, consultation, and other actions
required by applicable Federal
environmental laws for this project are
being, or have been, carried-out by
TxDOT and a Memorandum of
Understanding dated December 16,
2014, and executed by FHWA and
TxDOT. The actions relate to various
proposed highway in the State of Texas.
These actions grant licenses, permits,
and approvals for the projects.
DATES: By this notice, TxDOT is
advising the public of final agency
actions subject to 23 U.S.C. 139(l)(1). A
claim seeking judicial review of TxDOT
and Federal agency actions on the
highway project will be barred unless
the claim is filed on or before May 27,
2019. If the Federal law that authorizes
judicial review of a claim provides a
time period of less than 150 days for
filing such a claim, then that shorter
time period still applies.
FOR FURTHER INFORMATION CONTACT:
Carlos Swonke, Environmental Affairs
Division, Texas Department of
SUMMARY:
E:\FR\FM\28DEN1.SGM
28DEN1
]]>Agencies
[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Notices]
[Pages 67480-67481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28290]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2001-11213, Notice No. 23]
Drug and Alcohol Testing: Determination of Minimum Random Testing
Rates for 2019
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notification of determination.
-----------------------------------------------------------------------
SUMMARY: This notification of determination announces FRA's minimum
annual random drug and minimum annual random alcohol testing rates for
covered employees and for maintenance-of-way (MOW) employees for
calendar year 2019.
DATES: This determination takes effect December 28, 2018.
FOR FURTHER INFORMATION CONTACT: Gerald 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, Federal Railroad
Administration (telephone 615-719-2951).
SUPPLEMENTARY INFORMATION: FRA is announcing the 2019 minimum annual
random drug and alcohol testing rates for covered service employees,
and the 2019 minimum annual random drug and alcohol testing rates for
MOW employees. For calendar year 2019, the minimum annual random
testing rates for covered service employees will continue to be 25
percent for drugs and 10 percent for alcohol, while the minimum annual
random testing rates for MOW employees will continue to be 50 percent
for drugs and 25 percent for alcohol.
To set its minimum annual random testing rates for each year, FRA
examines the last two complete calendar years of railroad industry drug
and alcohol program data submitted to its Management Information System
(MIS). The rail industry's random drug testing positive rate for
covered service employees (employees subject to the hours of service
laws and regulations) remained below 1.0 percent for 2016 and 2017. The
Administrator has therefore determined the minimum annual random drug
testing rate for the period January 1, 2019, through December 31, 2019,
will remain at 25 percent for covered service employees. The industry-
wide random alcohol testing violation rate for covered service
[[Page 67481]]
employees remained below 0.5 percent for 2016 and 2017. Therefore, the
Administrator has determined the minimum random alcohol testing rate
will remain at 10 percent for covered service employees for the period
January 1, 2019, through December 31, 2019. Because these rates
represent minimums, railroads may conduct FRA random testing at higher
rates.
MOW employees became subject to FRA random drug and alcohol testing
in June 2017. The Administrator has determined that the minimum annual
random testing rates initially established for MOW employees will
remain in effect since FRA does not yet have MIS data on their
industry-wide performance rates. Therefore, for the period January 1,
2019, through December 31, 2019, the minimum annual random drug testing
rate will continue to be 50 percent for MOW employees, and the minimum
annual random alcohol testing rate will continue to be 25 percent for
MOW employees. As with covered service employees, because these rates
represent minimums, railroads may conduct FRA random testing of MOW
employees at higher rates.
Issued in Washington, DC.
Ronald L. Batory,
Administrator.
[FR Doc. 2018-28290 Filed 12-27-18; 8:45 am]
BILLING CODE 4910-06-P
