Federal Register / Vol. 85, No. 235 / Monday, December 7, 2020 / Notices 78931 

MARAD’s regulations at 46 CFR part 

388. 

Public Participation 

How do I submit comments? 

Please submit your comments, 

including the attachments, following the 

instructions provided under the above 

heading entitled ADDRESSES. Be advised 

that it may take a few hours or even 

days for your comment to be reflected 

on the docket. In addition, your 

comments must be written in English. 

We encourage you to provide concise 

comments and you may attach 

additional documents as necessary. 

There is no limit on the length of the 

attachments. 

Where do I go to read public comments, 

and find supporting information? 

Go to the docket online at http://

www.regulations.gov., keyword search 

MARAD–2020–0155 or visit the Docket 

Management Facility (see ADDRESSES for 

hours of operation). We recommend that 

you periodically check the Docket for 

new submissions and supporting 

material. 

Will my comments be made available to 

the public? 

Yes. Be aware that your entire 

comment, including your personal 

identifying information, will be made 

publicly available. 

May I submit comments confidentially? 

If you wish to submit comments 

under a claim of confidentiality, you 

should submit three copies of your 

complete submission, including the 

information you claim to be confidential 

business information, to the Department 

of Transportation, Maritime 

Administration, Office of Legislation 

and Regulations, MAR–225, W24–220, 

1200 New Jersey Avenue SE, 

Washington, DC 20590. Include a cover 

letter setting forth with specificity the 

basis for any such claim and, if possible, 

a summary of your submission that can 

be made available to the public. 

Privacy Act 

In accordance with 5 U.S.C. 553(c), 

DOT solicits comments from the public 

to better inform its rulemaking process. 

DOT posts these comments, without 

edit, to www.regulations.gov, as 

described in the system of records 

notice, DOT/ALL–14 FDMS, accessible 

through www.dot.gov/privacy. To 

facilitate comment tracking and 

response, we encourage commenters to 

provide their name, or the name of their 

organization; however, submission of 

names is completely optional. Whether 

or not commenters identify themselves, 

all timely comments will be fully 

considered. If you wish to provide 

comments containing proprietary or 

confidential information, please contact 

the agency for alternate submission 

instructions. 

Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, 

46 U.S.C. 12121. 

* * * * * 

Dated: December 2, 2020. 

By Order of the Maritime Administrator. 

T. Mitchell Hudson, Jr., 

Secretary, Maritime Administration. 

[FR Doc. 2020–26842 Filed 12–4–20; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–2020–0135] 

Pipeline Safety: Random Drug Testing 

Rate; Management Information System 

Reporting; and Obtaining Drug and 

Alcohol Management Information 

System Sign-In Information 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice of calendar year 2021 

minimum annual percentage rate for 

random drug testing, reminder for 

operators to report contractor 

management information system (MIS) 

data using PHMSA supplemental 

instructions, and reminder of method 

for operators to obtain user name and 

password for electronic reporting. 

SUMMARY: PHMSA has determined that 

the minimum random drug testing rate 

for covered employees will remain at 50 

percent during calendar year 2021. 

Operators are reminded that drug and 

alcohol (D&A) testing information must 

be submitted for contractors who are 

performing or are ready to perform 

covered functions. For calendar year 

2020 reporting, the user name and 

password for the Drug and Alcohol 

Management Information System 

(DAMIS) will be available in the 

PHMSA Portal. 

DATES: Effective January 1, 2021, 

through December 31, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Wayne Lemoi, Drug & Alcohol Program 

Manager, Office of Pipeline Safety, by 

phone at 909–937–7232 or by email at 

wayne.lemoi@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Notice of Calendar Year 2021 Minimum 

Annual Percentage Rate for Random 

Drug Testing 

Operators of natural gas, hazardous 

liquid, and carbon dioxide pipelines, 

liquefied natural gas (LNG) facilities, 

and underground natural gas storage 

facilities must randomly select and test 

a percentage of all covered employees 

for prohibited drug use in accordance 

with 49 CFR part 199. Pursuant to 

§ 199.105(c)(1), the PHMSA minimum 

annual random drug testing rate for all 

covered employees is 50 percent. The 

Administrator can adjust this random 

drug testing rate based on the reported 

positive rate in the pipeline industry’s 

random drug tests, which is submitted 

in operators’ annual Management 

Information System (MIS) reports as 

required by § 199.119(a). In accordance 

with § 199.105(c)(3), if the reported 

positive drug test rate is below 1 percent 

for 2 consecutive years, the 

Administrator can reduce the random 

drug testing rate to 25 percent of all 

covered employees. In calendar year 

2019, the random drug test positive rate 

for the entire pipeline industry was 

reported at greater than 1 percent; 

therefore, the minimum annual random 

drug testing rate for calendar year 2021 

is maintained at 50 percent of all 

covered employees. 

Reminder for Operators To Report 

Contractor MIS Data 

PHMSA developed and released 

online new PHMSA Supplemental 

Instructions for DOT Drug & Alcohol 

Management Information System 

Reporting. These instructions provide 

operators with the appropriate process 

for collecting and reporting annual D&A 

MIS testing data for contractors. The 

Supplemental Instructions help ensure 

that PHMSA can identify all the 

contractors who performed D&A 

covered functions for a specific pipeline 

operator; identify all the pipeline 

operators for whom a specific contractor 

performed D&A covered functions; and, 

has received a complete and accurate 

D&A MIS report for each contractor who 

performed D&A covered functions on 

any PHMSA regulated pipeline or 

facility in the applicable calendar year. 

Pursuant to §§ 199.119(a) and 

199.229(a), an operator having more 

than 50 covered employees is a large 

operator and an operator having 50 or 

fewer covered employees is a small 

operator. While contractor employees 

are covered employees per the 

regulations in § 199.3 and must be 

treated as such with regards to part 199, 

contractor employees are not included 


khammond on DSKJM1Z7X2PROD with NOTICES
78932 Federal Register / Vol. 85, No. 235 / Monday, December 7, 2020 / Notices 

1Section 358 of the USA PATRIOT Act added 

language expanding the scope of the BSA to 

intelligence or counter-intelligence activities to 

protect against international terrorism. 

2Treasury Order 180–01 (re-affirmed Jan. 14, 

2020). 

3 31 CFR 1010.330. Pursuant to 31 CFR 

1021.330(c), non-gaming businesses at casino hotels 

and resorts are separate trades or businesses in 

which the receipt of currency in excess of $10,000 

is reportable under 31 U.S.C. 5331 and 31 CFR 

1010.330. 

in the calculation to determine if an 

operator is a large or small operator. 

Large operators are always required to 

submit annual MIS reports whereas 

small operators are only required to 

submit MIS reports upon written 

request from PHMSA. If a small operator 

has submitted a MIS report in or after 

calendar year 2018, the PHMSA Portal 

message may state that no MIS report is 

required for calendar year 2020. If a 

small operator has grown to more than 

50 covered employees during calendar 

year 2020, the PHMSA Portal message 

will include instructions for how to 

obtain a DAMIS user name and 

password for the 2020 calendar year 

reporting period. 

If an operator is required to submit a 

MIS report in accordance with part 199, 

that report is not complete until PHMSA 

receives a MIS data report for each 

contractor that performed covered 

functions as defined in § 199.3. 

Operators must submit operator and 

contractor employee testing data in 

separate MIS reports to avoid 

duplicative reporting and inaccurate 

data that could affect the positive rate 

for the entire industry. 

Reminder of Method for Operators To 

Obtain User Name and Password for 

Electronic Reporting 

By early January 2021, the user name 

and password required for an operator 

to access DAMIS and enter calendar 

year 2020 data will be available to all 

operator staff with access to the PHMSA 

Portal. Pipeline operators have been 

submitting reports required by 49 CFR 

parts 191 and 195 through the PHMSA 

Portal (https://portal.phmsa.dot.gov/ 

pipeline) since 2011. PHMSA 

determined that distributing 

information via the Portal would be 

more effective than the previous mailing 

process. 

When the DAMIS user name and 

password are available in the PHMSA 

Portal, all registered users will receive 

an email to that effect. If operator staff 

responsible for submitting MIS reports 

do not receive the DAMIS information, 

they should coordinate with other 

registered PHMSA Portal users within 

their company to obtain the DAMIS user 

name and password. Registered PHMSA 

Portal users for an operator typically 

include operator staff or consultants 

who submit annual and incident reports 

through PHMSA F 7000- and 7100- 

series forms. 

Operators that have not previously 

registered staff in the PHMSA Portal for 

the reporting purposes of parts 191 and 

195 can register users by following the 

instructions at: https://

portal.phmsa.dot.gov/PHMSAPortal2/ 

staticContentRedesign/howto/ 

PortalAccountCreation.pdf. 

Issued in Washington, DC, on December 1, 

2020, under authority delegated in 49 CFR 

1.97. 

Alan K. Mayberry, 

Associate Administrator for Pipeline Safety. 

[FR Doc. 2020–26782 Filed 12–4–20; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF THE TREASURY 

Financial Crimes Enforcement Network 

Agency Information Collection 

Activities; Proposed Renewal; 

Comment Request; Renewal Without 

Change of Reports Relating to 

Currency in Excess of $10,000 

Received in a Trade or Business, or 

Received as Bail by Court Clerks; 

Form 8300 

AGENCY: Financial Crimes Enforcement 

Network (FinCEN), Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: As part of its continuing effort 

to reduce paperwork and respondent 

burden, FinCEN invites comments on 

the proposed renewal, without change, 

of a currently approved information 

collection found in existing Bank 

Secrecy Act regulations. Specifically, 

FinCEN invites comment on a renewal, 

without change, of existing information 

collection requirements for reports of 

currency in excess of $10,000 received 

by a trade or business, or by court clerks 

as bail. These transactions are reported 

on Form 8300. This request for 

comments is made pursuant to the 

Paperwork Reduction Act of 1995. 

DATES: Written comments are welcome, 

and must be received on or before 

February 5, 2021. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

• Federal E-rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Refer to Docket Number FINCEN–2020– 

0014 and the specific Office of 

Management and Budget (OMB) control 

number 1506–0018. 

• Mail: Policy Division, Financial 

Crimes Enforcement Network, P.O. Box 

39, Vienna, VA 22183. Refer to Docket 

Number FINCEN–2020–0014 and OMB 

control number 1506–0018. 

Please submit comments by one 

method only. Comments will also be 

incorporated into FinCEN’s review of 

existing regulations, as provided by 

Treasury’s 2011 Plan for Retrospective 

Analysis of Existing Rules. All 

comments submitted in response to this 

notice will become a matter of public 

record. Therefore, you should submit 

only information that you wish to make 

publicly available. 

FOR FURTHER INFORMATION CONTACT: The 

FinCEN Regulatory Support Section at 

1–800–767–2825 or electronically at 

frc@fincen.gov. 

SUPPLEMENTARY INFORMATION: 

I. Statutory and Regulatory Provisions 

The legislative framework generally 

referred to as the Bank Secrecy Act 

(BSA) consists of the Currency and 

Financial Transactions Reporting Act of 

1970, as amended by the Uniting and 

Strengthening America by Providing 

Appropriate Tools Required to Intercept 

and Obstruct Terrorism Act of 2001 

(USA PATRIOT Act) (Pub. L. 107–56) 

and other legislation. The BSA is 

codified at 12 U.S.C. 1829b, 12 U.S.C. 

1951–1959, 31 U.S.C. 5311–5314 and 

5316–5332, and notes thereto, with 

implementing regulations at 31 CFR 

Chapter X. 

The BSA authorizes the Secretary of 

the Treasury, inter alia, to require 

financial institutions to keep records 

and file reports that are determined to 

have a high degree of usefulness in 

criminal, tax, and regulatory matters, or 

in the conduct of intelligence or 

counter-intelligence activities to protect 

against international terrorism, and to 

implement anti-money laundering 

(AML) programs and compliance 

procedures.1 Regulations implementing 

the BSA appear at 31 CFR Chapter X. 

The authority of the Secretary to 

administer the BSA has been delegated 

to the Director of FinCEN.2

31 U.S.C. 5331 of the BSA and 26 

U.S.C. 6050I of the Internal Revenue 

Code require that certain transactions be 

reported to both FinCEN and the 

Internal Revenue Service (IRS) in the 

form and manner prescribed by the 

Secretary of the Treasury. Specifically, 

reporting is required by any person 

engaged in a trade or business who, in 

the course of such trade or business, 

receives more than $10,000 in coins or 

currency in one transaction or two or 

more related transactions.3 Reporting is 

also required by any clerk of a federal 


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