Federal Register Notice Requesting Emergency Processing

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Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices

by the September 3, 2003 notice.
FMCSA discontinued use of the 3-year
driving experience and fulfilled the
requirements of section 4129 while
continuing to ensure that operation of
CMVs by drivers with ITDM will
achieve the requisite level of safety
required of all exemptions granted
under 49 U.S.C. 31136 (e).
Section 4129(d) also directed FMCSA
to ensure that drivers of CMVs with
ITDM are not held to a higher standard
than other drivers, with the exception of
limited operating, monitoring and
medical requirements that are deemed
medically necessary.
The FMCSA concluded that all of the
operating, monitoring and medical
requirements set out in the September 3,
2003 notice, except as modified, were in
compliance with section 4129(d).
Therefore, all of the requirements set
out in the September 3, 2003 notice,
except as modified by the notice in the
Federal Register on November 8, 2005
(70 FR 67777), remain in effect.

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IV. Submitting Comments
You may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
http://www.regulations.gov and in the
search box insert the docket number
FMCSA–2014–0314 and click the search
button. When the new screen appears,
click on the blue ‘‘Comment Now!’’
button on the right hand side of the
page. On the new page, enter
information required including the
specific section of this document to
which each comment applies, and

provide a reason for each suggestion or
recommendation. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope.
We will consider all comments and
material received during the comment
period and may change this proposed
rule based on your comments. FMCSA
may issue a final rule at any time after
the close of the comment period.
V. Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble,
To submit your comment online, go to
http://www.regulations.gov and in the
search box insert the docket number
FMCSA–2014–0314 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to the proposed
rulemaking.
Issued On: March 12, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–06175 Filed 3–17–15; 8:45 am]
BILLING CODE P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2015–0007–N–4]

Agency Request for Emergency
Processing of Collection of
Information by the Office of
Management and Budget

ACTION:

Notice.

FRA hereby gives notice that
it is submitting the following
Information Collection request (ICR) to
the Office of Management and Budget
(OMB) for Emergency processing under
the Paperwork Reduction Act of 1995
and its implementing regulations. FRA
requests that OMB immediately
authorize the collection of information
identified below on March 18, 2015, for
a period of 180 days.

SUMMARY:

A
copy of this individual ICR, with
applicable supporting documentation,
may be obtained by calling FRA’s
Clearance Officers: Robert Brogan (tel.
(202) 493–6292) or Kimberly Toone (tel.
(202) 493–6132); these numbers are not
toll-free), or by contacting Mr. Brogan
via facsimile at (202) 493–6216 or Ms.
Toone via facsimile at (202) 493–6497,
or via email by contacting Mr. Brogan at
Robert.Brogan@dot.gov; or by contacting
Ms. Toone at Kim.Toone@dot.gov.
Comments regarding these information
collection requirements should be sent
directly to the Office of Information and
Regulatory Affairs, Office of
Management and Budget, 725
Seventeenth Street NW., Washington,
DC, 20503, Attention: FRA Desk Officer.
Comments may also be sent via email to
OMB at the following address: oira_
submissions@omb.eop.gov.
Title: Railworthiness Directive Under
49 CFR 180.509 for Railroad Tank Cars
Equipped With Certain McKenzie Valve
& Machining LLC Valves.
Reporting Burden:

FOR FURTHER INFORMATION CONTACT:

Federal Railroad
Administration (FRA), United States
Department of Transportation (USDOT).

AGENCY:

Total annual
responses

Average
time per
response

Total annual
burden
hours

Emergency order item No.

Respondent universe

I. Identification of RR tank cars equipped with
McKenzie valves & document providing reporting mark and number of each car so equipped
and type of valve to FRA.
—Record of Inspection Date and Location and
Results of Inspection.

100 Tank Car Owners (15,000 affected tank cars).

200 identifications/reports.

2 hours ......

400 hours.

100 Tank Car Owners (15,000 affected tank cars).

200 records ...................

30 minutes

100 hours.

Form Number(s): N/A.
Respondent Universe: 100 Tank Car
Owners.
Frequency of Submission: One-time;
on occasion.
Total Responses: 400.
Estimated Total Annual Burden: 500
hours.

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19:00 Mar 17, 2015

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Status: Emergency Review.
Description: Recent FRA
investigations identified several railroad
tank cars transporting hazardous
materials and leaking small quantities of
product from the cars’ liquid lines.
FRA’s investigation revealed that the
liquid lines of the leaking tank cars were

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equipped with a certain type of 3 inch
ball valve marketed and sold by
McKenzie Valve & Machining LLC
(McKenzie) (formerly McKenzie Valve &
Machining Company), an affiliate
company of Union Tank Car Company
(UTLX). FRA further found certain
closure plugs installed on the 3 inch

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Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices
valves cause mechanical damage to the
valves, which leads to the destruction of
the valves’ seal integrity and that the 3
inch valves, as well as similarlydesigned 1 inch and 2 inch valves
provided by this manufacturer are not
approved for use on tank cars. FRA is
issuing this Railworthiness Directive
(Directive) to all owners of tank cars
used to transport hazardous materials
within the United States to ensure they
identify and appropriately remove and
replace these valves with approved
valves consistent with Federal
regulations.
As provided under 5 CFR 1320.13,
Emergency Processing, DOT is
requesting emergency processing for
this new collection of information as
specified in the Paperwork Reduction
Act of 1995 and its implementing
regulations. DOT cannot reasonably
comply with normal clearance
procedures because the use of normal
clearance procedures is reasonably
likely to disrupt the collection of
information. Further, in light of recent
tank car accidents/incidents carrying
crude oil, FRA believes safety is an
overriding issue. The Directive takes
effect immediately upon issuance. FRA
cannot wait the normal 90- to 180-day
period for routine Office of Management
and Budget (OMB) review and approval.
Under the Directive, tank car owners
must take immediate action to identify,
inspect, and repair the valves.
Therefore, FRA is requesting OMB
approval of this collection of
information upon publication of this
Notice in the Federal Register.
Upon OMB approval of its emergency
clearance request, FRA will follow the
normal clearance procedures for the
information collection associated with
this Railworthiness Directive.
Pursuant to 44 U.S.C. 3507(a) and 5
CFR 320.5(b), 1320.8(b)(3)(vi), FRA
informs all interested parties that it may
not conduct or sponsor, and a
respondent is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number.

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Authority: 44 U.S.C. 3501–3520.
Rebecca Pennington,
Chief Financial Officer.
[FR Doc. 2015–06214 Filed 3–17–15; 8:45 am]
BILLING CODE 4910–06–P

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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Prevention of Alcohol Misuse and
Prohibited Drug Use in Transit
Operations
Federal Transit Administration
(FTA), DOT.
ACTION: Notice of random drug and
alcohol testing rates for 2015.
AGENCY:

This notice announces the
2015 random testing rates for employers
subject to the Federal Transit
Administration’s (FTA) drug and
alcohol rules.
DATES: Effective Date: January 1, 2015.
FOR FURTHER INFORMATION CONTACT: Iyon
Rosario, Drug and Alcohol Program
Manager for the Office of Transit Safety
and Oversight, 1200 New Jersey Avenue
SE., Washington, DC 20590 (telephone:
202–366–2010 or email: Iyon.Rosario@
dot.gov).
SUMMARY:

On
January 1, 1995, FTA required large
transit employers to begin drug and
alcohol testing employees performing
safety-sensitive functions and submit
annual reports by March 15 of each year
beginning in 1996. The annual report
includes the number of employees who
had a verified positive for the use of
prohibited drugs, and the number of
employees who tested positive for the
misuse of alcohol during the reported
year. Small employers commenced their
FTA-required testing on January 1,
1996, and began reporting the same
information as the large employers
beginning March 15, 1997. The testing
rules were updated on August 1, 2001,
and established a random testing rate for
prohibited drugs and the misuse of
alcohol.
The rules require employers conduct
random drug tests at a rate equivalent to
at least 50 percent of their total number
of safety-sensitive employees for
prohibited drug use and at least 25
percent for the misuse of alcohol.
However, the rules provide the drug
random testing rate may be lowered to
25 percent if the ‘‘positive rate’’ for the
entire transit industry is less than one
percent for two preceding consecutive
years. Once lowered, the random rates
may be raised to 50 percent if the
positive rate equals or exceeds one
percent for any one year (‘‘positive rate’’
means the number of positive results for
random drug tests conducted under 49
CFR 655.45 plus the number of refusals
of random tests required by 49 CFR
655.49, divided by the total number of
random drug tests, plus the number of

SUPPLEMENTARY INFORMATION:

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refusals of random tests required by 49
CFR part 655).
The alcohol provisions provide the
random rate may be lowered to 10
percent if the ‘‘violation rate’’ for the
entire transit industry is less than 0.5
percent for two consecutive years. It
will remain at 25 percent if the
‘‘violation rate’’ is equal to or greater
than 0.5 percent but less than one
percent, and it will be raised to 50
percent if the ‘‘violation rate’’ is one
percent or greater for any one year
(‘‘violation rate’’ means the number of
covered employees found during
random tests administered under 49
CFR 655.45 to have an alcohol
concentration of 0.04 or greater, plus the
number of employees who refuse a
random test required by 49 CFR 655.49,
divided by the total reported number of
random alcohol tests plus the total
number of refusals of random tests
required by 49 CFR part 655).
Pursuant to 49 CFR 655.45(b), the
Acting Administrator’s decision to
increase or decrease the minimum
annual percentage rate for random drug
and alcohol testing is based, in part, on
the reported positive drug and alcohol
violation rates for the entire industry.
The information used for this
determination is drawn from the drug
and alcohol Management Information
System (MIS) reports required by 49
CFR part 655. In determining the
reliability of the data, the Acting
Administrator considers the quality and
completeness of the reported data, or
may obtain additional information or
reports from employers, and make
appropriate modifications in calculating
the industry’s verified positive results
and violation rates.
The Acting Administrator has
determined that the random drug testing
rate will remain at 25 percent for 2015
due to a ‘‘positive rate’’ lower than 1.0
percent for random drug test data for the
two preceding calendar years. The
random drug rates for the two preceding
years are 0.74 percent for 2013 and 0.87
percent for 2014.
The Acting Administrator also has
determined that the random alcohol
testing rate for 2015 will remain at 10
percent because the random alcohol
violation rate was again lower than 0.5
percent for the two preceding
consecutive years due. The random
alcohol rates for the two preceding years
are 0.12 percent for 2013 and 0.14
percent for 2014.
Detailed reports on the FTA drug and
alcohol testing data collected from
transit employers may be obtained from
the FTA, Office of Transit Safety and
Oversight, 1200 New Jersey Avenue SE.,
Washington, DC 20590, (202) 366–2010

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