78404 Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 / Notices 

Environmental Analysis (OEA) 

regarding the environmental review 

process. By letter dated May 29, 2020, 

KTRRP requested a waiver of the 

requirements of 49 CFR 1105.6(a), 

which generally requires the 

preparation of an Environmental Impact 

Statement for rail construction and 

operation proposals. OEA granted the 

request on June 9, 2020, finding that 

preparation of an Environmental 

Assessment (EA) is the appropriate level 

of environmental documentation for this 

proceeding. OEA currently is preparing 

a Draft EA and any associated historic 

or cultural review that will be made 

available for public comment. Following 

the conclusion of the environmental 

review process, the Board will issue a 

further decision assessing the potential 

environmental impacts of the 

construction proposal and determining 

whether the exemption will become 

finally effective (subject to appropriate 

mitigation conditions, if necessary). See 

Mo. Mining, Inc. v. ICC, 33 F.3d 980 (8th 

Cir. 1994). 

The decision issued today does not 

prejudge the Board’s final decision, nor 

diminish the agency’s environmental 

review process concerning the proposed 

Line’s construction. See Ill. Com. 

Comm’n v. ICC, 848 F.2d 1246, 1259 

(DC Cir. 1988). Construction may not 

begin until the Board’s final decision in 

this proceeding has been issued and has 

become effective. 

It is ordered: 

1. Under 49 U.S.C. 10502(b), a 

proceeding is instituted. 

2. Under 49 U.S.C. 10502, the Board 

preliminarily exempts the construction 

of the above-described Line from the 

prior approval requirements of 49 U.S.C. 

10901, subject to further consideration 

of the potential environmental impacts 

of the proposal. 

3. On completion of the 

environmental review, the Board will 

issue a further, final decision addressing 

any potential environmental impacts 

and determining whether the exemption 

should become effective (subject to any 

appropriate mitigation conditions). 

Construction may not begin until the 

Board’s final decision has been issued 

and has become effective. 

4. Notice of this decision will be 

published in the Federal Register. 

5. Petitions to reconsider must be 

filed by December 21, 2020. 

6. This decision is effective 30 days 

from the date of service. 

Decided: November 30, 2020. 

By the Board, Board Members Begeman, 

Fuchs, and Oberman. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2020–26659 Filed 12–3–20; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Random Drug and Alcohol Testing 

Percentage Rates of Covered Aviation 

Employees for the Period of January 1, 

2021, Through December 31, 2021 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice. 

SUMMARY: The FAA has determined that 

the minimum random drug and alcohol 

testing percentage rates for the period 

January 1, 2021, through December 31, 

2021, will remain at 25 percent of 

safety-sensitive employees for random 

drug testing and 10 percent of safetysensitive employees for random alcohol 

testing. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Vicky Dunne, Office of Aerospace 

Medicine, Drug Abatement Division, 

Program Policy Branch (AAM–820), 

Federal Aviation Administration, 800 

Independence Avenue SW, Room 806, 

Washington, DC 20591; Telephone (202) 

267–8442. 

Discussion: Pursuant to 14 CFR 

120.109(b), the FAA 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 entire 

aviation industry. If the reported 

random drug test positive rate is less 

than 1.00%, the Administrator may 

continue the minimum random drug 

testing rate at 25%. In 2019, the random 

drug test positive rate was 0.731%. 

Therefore, the minimum random drug 

testing rate will remain at 25% for 

calendar year 2021. 

Similarly, 14 CFR 120.217(c), requires 

the decision on the minimum annual 

random alcohol testing rate to be based 

on the random alcohol test violation 

rate. If the violation rate remains less 

than 0.50%, the Administrator may 

continue the minimum random alcohol 

testing rate at 10%. In 2019, the random 

alcohol test violation rate was 0.114%. 

Therefore, the minimum random 

alcohol testing rate will remain at 10% 

for calendar year 2021. 

SUPPLEMENTARY INFORMATION: If you 

have questions about how the annual 

random testing percentage rates are 

determined please refer to the Code of 

Federal Regulations Title 14, section 

120.109(b) (for drug testing), and 

120.217(c) (for alcohol testing). 

Issued in Washington, DC. 

Brett A. Wyrick, 

Acting Federal Air Surgeon. 

[FR Doc. 2020–26749 Filed 12–3–20; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2019–0165] 

Nationwide Freight Systems, et al.; 

Petition for Determination of 

Preemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of petition for 

determination of preemption; request 

for comments. 

SUMMARY: FMCSA requests comments 

on a petition submitted by Nationwide 

Freight Systems, Inc., Leader U.S. 

Messenger, Inc., and Stott Contracting, 

LLC, requesting a determination that 

certain carrier identification 

requirements imposed by the Illinois 

Commerce Commission are preempted 

by 49 U.S.C. 14506. 

DATES: Comments must be received on 

or before January 4, 2021. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System (FDMS) Number 

FMCSA–2019–0165 by any of the 

following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. See the Public 

Participation and Request for Comments 

section below for further information. 

• 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. E.T., Monday 

through Friday, except Federal holidays. 

• Fax: 1–202–493–2251. 

Each submission must include the 

Agency name and the docket number for 

this notice. Note that DOT posts all 

comments received without change to 

www.regulations.gov, including any 

personal information included in a 

comment. Please see the Privacy Act 

heading below. 

FOR FURTHER INFORMATION CONTACT: 

Frederic L. Wood, Legislative and 

Regulatory Affairs Division; FMCSA 

Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 / Notices 78405 

1 49 U.S.C. 14506(a) enacted by section 4306(a) of 

the Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for Users 

(SAFETEA–LU), Pub. Law 109–59, 119 Stat. 1773 

(Aug. 10, 2005). 

Office of Chief Counsel; Telephone: 

(202) 493–0349; Email: Frederic.Wood@

dot.gov. If you have questions on 

viewing or submitting material to the 

docket, contact Docket Services, 

telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for 

Comments 

FMCSA encourages you to participate 

by submitting comments and related 

materials. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (FMCSA–2019–0165), indicate 

the specific section of this document to 

which the comment applies, and 

provide a reason for suggestions or 

recommendations. 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 the Agency 

can contact you if it has questions 

regarding your submission. 

To submit your comment online, go to 

www.regulations.gov and put the docket 

number, ‘‘FMCSA–2019–0165’’ in the 

‘‘Keyword’’ box, and click ‘‘Search.’’ 

When the new screen appears, click on 

the ‘‘Comment Now!’’ button and type 

your comment into the text box in the 

following screen. Choose whether you 

are submitting your comment as an 

individual or on behalf of a third party 

and then submit. 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. FMCSA 

will consider all comments and material 

received during the comment period. 

Comments received after the closing 

date will be considered to the extent 

practicable. FMCSA may, however, 

issue a final determination at any time 

after the close of the comment period. 

In addition to late comments, FMCSA 

will also continue to file in the public 

docket relevant information that 

becomes available after the comment 

closing date. Interested persons should 

monitor the public docket for new 

material. 

Docket: For access to the docket to 

read background documents or 

comments, go to www.regulations.gov at 

any time or visit Room W12–140 on the 

ground level of the DOT Headquarters 

West Building, 1200 New Jersey Avenue 

SE, Washington, DC, between 9 a.m. and 

5 p.m., ET, Monday through Friday, 

except Federal holidays. The on-line 

FDMS is available 24 hours each day, 

365 days each year. 

Privacy Act: DOT solicits comments 

from the public to better inform its 

preemption determinations. DOT posts 

these comments, without edit, including 

any personal information the 

commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.transportation.gov/privacy. 

Background 

On May 26, 2017, Nationwide Freight 

Systems, Inc., Leader U.S. Messenger, 

Inc., and Stott Contracting, LLC 

(‘‘petitioners’’) submitted a petition to 

FMCSA requesting a determination that 

certain identification requirements 

imposed on motor carriers by the 

Illinois Commerce Commission are 

preempted by Federal law. Petitioners 

are motor carriers operating both in 

interstate commerce and in intrastate 

commerce within Illinois. 

The provisions of an Illinois statute 

are involved in this matter. Specifically, 

625 ILCS 5/18c-4104, entitled 

‘‘Unlawful Operations,’’ states, in part: 

(1) Prohibition. Except as provided in 

Article I of this Sub-chapter [625 ILCS 5/18c4101 et seq.], and subject to the provisions 

stated herein, it shall be unlawful for any 

person to: 

(a) Operate as an intrastate motor carrier of 

property without a license from the 

Commission; or as an interstate motor carrier 

of property without a registration from the 

Commission. 

* * * * * 

(c) Operate, as an intrastate motor carrier 

of property, any motor vehicle which does 

not carry a copy of a valid, current license 

issued by the Commission to such carrier; or 

operate, as an interstate motor carrier of 

property, any motor vehicle which does not 

carry a copy of a valid, current registration 

issued by the Commission to such carrier; or 

fail to produce such copy on request; 

provided that an authorized interstate motor 

carrier of property shall be exempted from 

the requirement that a copy of its registration 

be carried in each motor vehicle. 

* * * * * 

(f) Operate, as an intrastate motor carrier of 

property, any motor vehicle for which the 

carrier has not executed a prescribed 

intrastate cab card, with current Illinois 

intrastate identifier printed thereon; or, as an 

interstate motor carrier of property, any 

motor vehicle for which the carrier has not 

executed a prescribed interstate cab card, 

with current Illinois interstate identifier 

affixed or printed thereon. 

(g) Operate, as an intrastate motor carrier 

of property, any motor vehicle which does 

not carry the properly executed intrastate cab 

card, with current Illinois intrastate identifier 

printed thereon; or, as an interstate motor 

carrier of property, any motor vehicle which 

does not carry the properly executed 

interstate cab card, with current Illinois 

interstate identifier affixed or printed 

thereon. 

* * * * * 

The proviso at the end of subsection (c) 

above exempts interstate motor carriers 

of property from the requirement to 

carry a copy of their registration in each 

vehicle such carriers operate. But there 

is no exemption provided in the statute 

for such carriers from the requirement to 

execute and carry a cab card in each 

vehicle, as provided in subsections (f) 

and (g). 

Illinois Commerce Commission 

regulations also include requirements 

for executing and carrying cab cards in 

motor vehicles operated by motor 

carriers: 

(a) Cab cards/identifiers shall be executed, 

carried, or presented in satisfaction of the 

requirements of the Illinois Commercial 

Transportation Law . . ., [92 Ill. 

Administrative Code] Part [1302], or 

Commission orders no earlier than December 

1 preceding the calendar year for which fees 

were paid, and no later than February 1 of 

the calendar year for which fees were paid 

. . .. 

(b) A vehicle operated in both intrastate 

and interstate commerce must carry both an 

intrastate and an interstate cab card/ 

identifier. 

92 Ill Administrative Code 1302.15. 

Applicable Law 

Petitioners have requested a 

determination that both the licensing 

and registration (public carrier 

certificate) and cab card requirements of 

the statute and the Illinois Commerce 

Commission regulations are preempted 

under 49 U.S.C. 14506. This statute 

provides that no State, political 

subdivision of a State, interstate agency, 

or other political agency of two or more 

States may enact or enforce any law, 

rule, regulation standard, or other 

provision having the force and effect of 

law that requires a motor carrier, motor 

private carrier, freight forwarder, or 

leasing company to display any form of 

identification on or in a commercial 

motor vehicle (‘‘CMV,’’ as defined in 49 

U.S.C. 14504a(a)(1)), other than forms of 

identification required by the Secretary 

of Transportation under 49 CFR 390.21.1

78406 Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 / Notices 

The applicable definition of CMV for 

section 14506 is in section 14504a(a)(1) 

(which incorporates the CMV definition 

in 49 U.S.C. 31101), and states that a 

CMV is a self-propelled or towed 

vehicle used on the highways in 

commerce principally to transport 

passengers or cargo, if the vehicle: (1) 

Has a gross vehicle weight rating or 

gross vehicle weight of at least 10,001 

pounds, whichever is greater; (2) is 

designed to transport more than 10 

passengers including the driver; or (3) is 

used in transporting material 

determined to be hazardous under 49 

U.S.C. 5103 and in a quantity requiring 

placarding as provided in regulations 

prescribed under 49 U.S.C. 5103. 

There are two important aspects of 

this definition that are relevant to any 

determination under section 14506: (1) 

It applies to a CMV used ‘‘in 

commerce,’’ which means that it applies 

to vehicles operated either in intrastate 

or in interstate transportation; (2) the 

definition is slightly different from the 

definition of CMVs used to transport 

property subject to safety regulation 

under 49 U.S.C. 31131–51. See 49 

U.S.C. 31132(1). Note also that 

provisions relating to CMVs used to 

transport passengers are not relevant to 

the preemption determination under 

consideration here, as the Illinois 

statutes and regulations in question 

apply only to vehicles transporting 

property (including hazardous 

materials). 

Section 14506 also includes several 

exceptions to its general prohibitions. A 

State may continue to require display of 

credentials that are required: (1) Under 

the International Registration Plan 

under 49 U.S.C. 31704; (2) under the 

International Fuel Tax Agreement under 

49 U.S.C. 31705, or under an applicable 

State law if, on October 1, 2006, the 

State had a form of highway use 

taxation not subject to collection 

through the International Fuel Tax 

Agreement; (3) under a State law 

regarding motor vehicle license plates or 

other displays that the Secretary 

determines are appropriate; (4) in 

connection with Federal requirements 

for hazardous materials transportation 

under 49 U.S.C. 5103; or (5) in 

connection with the Federal vehicle 

inspection standards under 49 U.S.C. 

31136. 49 U.S.C. 14506(b). 

Request for Comments 

FMCSA seeks comments in response 

to this petition. Comments are 

specifically requested on whether the 

registration and cab card requirements 

involved (625 ILCS 5/18c-4104(c), (f) 

and (g)) should be determined to be 

‘‘appropriate’’ under the discretionary 

authority in 49 U.S.C. 14506(b)(3) 

providing that a State may require 

display of credentials under a State law 

requiring motor vehicle license plates or 

other displays the Secretary deems 

appropriate. Commenters are also 

encouraged to submit information on 

the effects of the requirements on safety, 

operations, and the economics of motor 

carriers operating in the State of Illinois. 

FMCSA requests commenters to limit 

their submissions to these issues and to 

submit data supporting their positions. 

The Agency has placed the petition in 

the docket (No. FMCSA–2019–0165). 

James W. Deck, 

Deputy Administrator. 

[FR Doc. 2020–26668 Filed 12–3–20; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2020–0044] 

Parts and Accessories Necessary for 

Safe Operation; Application for an 

Exemption From K & L Trucking, Inc. 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition; grant 

of exemption. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) 

announces its decision to grant K & L 

Trucking, Inc.’s (K & L) application for 

a limited 5-year exemption to allow the 

company to secure large metal coils to 

its trailers using a cargo securement 

system that differs from that required by 

the Federal Motor Carrier Safety 

Regulations (FMCSRs). The Agency has 

determined that granting the exemption 

would likely achieve a level of safety 

equivalent to or greater than the level of 

safety provided by the regulation. 

DATES: This exemption is effective 

December 4, 2020 and expires on 

December 4, 2025. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Luke Loy, Vehicle and Roadside 

Operations Division, Office of Carrier, 

Driver, and Vehicle Safety, MC–PSV, 

(202) 366–0676, Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001. 

Docket: For access to the docket to 

read background documents or 

comments submitted to notice 

requesting public comments on the 

exemption application, go to 

www.regulations.gov at any time or visit 

Dockets Operations, Room W12–140 on 

the ground level of the West Building, 

1200 New Jersey Avenue SE, 

Washington, DC, between 9 a.m. and 5 

p.m., ET, Monday through Friday, 

except Federal holidays. To be sure 

someone is there to help you, please call 

(202) 366–9317 or (202) 366–9826 

before visiting Docket Operations. The 

on-line Federal document management 

system is available 24 hours each day, 

365 days each year. The docket number 

is listed at the beginning of this notice. 

SUPPLEMENTARY INFORMATION: 

Background 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315 to grant exemptions 

from certain parts of the FMCSRs. 

FMCSA must publish a notice of each 

exemption request in the Federal 

Register (49 CFR 381.315(a)). The 

Agency must provide the public an 

opportunity to inspect the information 

relevant to the application, including 

any safety analyses that have been 

conducted. The Agency must also 

provide an opportunity for public 

comment on the request. 

The Agency reviews safety analyses 

and public comments submitted, and 

determines whether granting the 

exemption would likely achieve a level 

of safety equivalent to, or greater than, 

the level that would be achieved by the 

current regulation (49 CFR 381.305). 

The decision of the Agency must be 

published in the Federal Register (49 

CFR 381.315(b)) with the reasons for 

denying or granting the application and, 

if granted, the name of the person or 

class of persons receiving the 

exemption, and the regulatory provision 

from which the exemption is granted. 

The notice must also specify the 

effective period and explain the terms 

and conditions of the exemption. The 

exemption may be renewed (49 CFR 

381.300(b)). 

K & L’s Application for Exemption 

K & L applied for an exemption from 

49 CFR 393.120(c) to allow the carrier 

to secure large metal coils to its trailers 

using a cargo securement system that 

differs from that required by the 

FMCSRs. A copy of the application is 

included in the docket referenced at the 

beginning of this notice. 

K & L Trucking is a corporation 

located at 490 West Main Street, Delta, 

Ohio 43515. K & L’s business consists 

entirely of transporting metal coils from 

North Star Blue Scope Steel, LLC, 

located at 6767 County Road 9, Delta, 

Ohio 43515, to Fulton County 

Processing, located at 7800 Ohio-109, 

Delta, Ohio 43515. The two businesses 

are less than 2 miles apart, and K & L’s 

trucks never travel faster than 30 miles