Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Notices 76069 

Section of 14 CFR Affected: 

§ 91.139(a). 

Description of Relief Sought: RLB 

Aviation, Inc. d.b.a. Starfighters, Inc. 

(Starfighters), requests an exemption 

from § 91.319(a) to allow Starfighters to 

carry persons and property for 

compensation or hire in experimental 

aircraft. 

[FR Doc. 2010–30649 Filed 12–6–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Random Drug and Alcohol Testing 

Percentage Rates of Covered Aviation 

Employees for the Period of January 1, 

2011, Through December 31, 2011 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice. 

SUMMARY: The FAA has determined that 

the minimum random drug and alcohol 

testing percentage rates for the period 

January 1, 2011, through December 31, 

2011, 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: Mr. 

Kevin Kearns, Office of Aerospace 

Medicine, Drug Abatement Division, 

Program Administration Branch (AAM– 

810), 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 2009, the random 

drug test positive rate was 0.534%. 

Therefore, the minimum random drug 

testing rate will remain at 25% for 

calendar year 2011. 

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 2009, the random 

alcohol test violation rate was 0.088%. 

Therefore, the minimum random 

alcohol testing rate will remain at 10% 

for calendar year 2011. 

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, on December 1, 

2010. 

Frederick E. Tilton, 

Federal Air Surgeon. 

[FR Doc. 2010–30659 Filed 12–6–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Docket Number FRA–2010–0154 

Notice of Application for Approval of 

Discontinuance or Modification of a 

Railroad Signal System 

Pursuant to Title 49 Code of Federal 

Regulations (CFR) part 235 and 49 

U.S.C. 20502(a), the following railroad 

has petitioned the Federal Railroad 

Administration (FRA) seeking approval 

for the discontinuance or modification 

of the signal system as detailed below. 

Applicant: Massachusetts Bay 

Commuter Railroad Company: Mr. John 

B. Mitchell, Deputy Chief of Engineering 

Operations, Massachusetts Bay 

Commuter Railroad Company, 32 

Cobble Hill Road—Suite 3, Somerville, 

MA 02143–4431. 

The Massachusetts Bay Commuter 

Railroad Company (MBCR) seeks 

approval of the proposed modification 

of the signal system on the Fitchburg 

Commuter Rail Line from milepost (MP) 

1.4 Swift Interlocking, in Sommerville, 

Massachusetts, to but not including MP 

25.6 CP—Martin St., in Acton, MA. By 

contract with the owner, the 

Massachusetts Bay Transportation 

Authority (MBTA), and in conjunction 

with the Small Starts American 

Recovery and Rehabilitation Act 

(ARRA), MBCR will be installing 

electronic track circuits on both tracks 

1 and 2 to facilitate a bi-directional 

operation. New interlockings will be 

installed at MP 6, Horgan; MP 9, Beaver 

Brook; MP 10, Moody; MP 18, Hills; and 

MP 25, Maynard Junction. All 

interlockings will be equipped with 

colorlight LED type signal heads and 

electric switch machines. 

The interlockings at West Cambridge, 

Hill Crossing, and Clematis Brook will 

be retired and South Acton will become 

Maynard Junction. The mechanical bedlocking interlocking machine at 

Waltham Tower will be retired. Twentysix existing automatic searchlight style 

signals will be retired, with twenty new 

automatic signals installed. The 

proposed modifications will retire a 

signal system comprised of dc neutral, 

mechanical, and searchlight type relays, 

and traffic control circuitry that operates 

via line wire and cable. Control of the 

territory will be transferred into the 

Commuter Rail Operations Control 

Center in Somerville, MA. This project 

is part of several projects designed to 

decrease passenger train trip time 

between Fitchburg, and Boston, MA. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (Docket No. 

FRA–2010–0154) and may be submitted 

by any of the following methods: 

• Web site: http:// 

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. 

Communications received within 45 

days of the date of this notice will be 

considered by FRA before final action is 

taken. Comments received after that 

date will be considered as far as 

practicable. All written communications 

concerning these proceedings are 

available for examination during regular 

business hours (9 a.m.–5 p.m.) at the 

above facility. All documents in the 

public docket are also available for 

inspection and copying on the Internet 

at the docket facility’s Web site at http:// 

www.regulations.gov. 

Anyone is able to search the 

electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, and labor union, etc.). You 

may review DOT’s complete Privacy Act 

Statement in the Federal Register 


emcdonald on DSK2BSOYB1PROD with NOTICES
76070 Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Notices 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

Issued in Washington, DC, on December 1, 

2010. 

Robert C. Lauby, 

Deputy Associate Administrator for 

Regulatory and Legislative Operations. 

[FR Doc. 2010–30533 Filed 12–6–10; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with part 211 of title 49 

Code of Federal Regulations (CFR), 

notice is hereby given that the Federal 

Railroad Administration (FRA) has 

received a request for a waiver of 

compliance from certain requirements 

of its safety standards. The individual 

petition is described below, including 

the party seeking relief, the regulatory 

provisions involved, the nature of the 

relief being requested, and the 

petitioner’s arguments in favor of relief. 

American Short Line and Regional 

Railroad Association 

[Waiver Petition Docket Number FRA–2009– 

0078] 

In response to the American Short 

Line and Regional Railroad 

Association’s (ASLRRA) July 16, 2009, 

petition in this docket, FRA granted 

certain identified ASLRRA member 

railroads limited conditional relief from 

the Federal hours of service law (HSL; 

49 U.S.C. Chapter 211). Specifically, 

FRA granted the identified ASLRRA 

member railroads listed on ASLRRA’s 

‘‘Seconded Amended Exhibit A’’ in this 

docket relief from 49 U.S.C. 

21103(a)(4)(A). (See FRA letter dated 

March 5, 2010, document number— 

0008.1 in the docket). Section 

21103(a)(4)(A) mandates that train 

employees have 48 or 72-hour off-duty 

periods following the initiation of onduty periods on either 6 or 7 

consecutive days. 

On September 1, 2010, ASLRRA filed 

a motion to amend its petition in this 

docket to: (1) Add and withdraw 

participating railroads, and (2) expand 

the scope of the waiver granted in FRA’s 

initial decision. ASLRRA included with 

its September 1, 2010, motion, evidence 

that the applicable labor organizations 

or affected employees of each listed 

railroad concur with the request for 

relief. 

By a letter dated October 15, 2010, 

FRA denied ASLRRA’s request to 

expand the scope of the relief granted, 

but reserved decision on the request to 

make additional ASLRRA member 

railroads party to the waiver, pending 

the solicitation of public comment on 

that aspect of ASLRRA’s request. (See 

FRA letter dated October 15, 2010, 

document number 0085.1 in the docket). 

This notice solicits public comment on 

ASLRRA’s request to make the nineteen 

additional railroads identified in its 

September 1, 2010, motion parties to the 

waiver. A complete copy of ASLRRA’s 

motion may be viewed at http:// 

www.regulations.gov under the docket 

number listed above. (See documents 

numbered 0048.1 and 0048.2 in the 

docket). 

Separately, by a letter dated 

September 29, 2010, ASLRRA notified 

FRA of an error in its ‘‘Second Amended 

Exhibit A’’ upon which FRA based its 

initial grant of relief. (See document 

number 0078.1 in the docket). 

Specifically, ASLRRA notified FRA that 

one ASLRRA member railroad, the 

Heart of Georgia Railroad, was 

inadvertently omitted from the amended 

exhibit. Noting that the Heart of Georgia 

Railroad had properly executed the 

application agreeing to participate in 

ASLRRA’s petition and proposed pilot 

project, and had already filed evidence 

of its employee concurrence with the 

waiver in the docket as required by 

FRA’s March 5, 2010, letter, ASLRRA 

requested that FRA add the Heart of 

Georgia Railroad to the list of railroads 

participating in the waiver. FRA has 

done so, subject to public comment on 

the Heart of Georgia Railroad’s 

participation in the waiver. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings, 

since the facts do not appear to warrant 

a hearing. If any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (Docket 

Number FRA–2009–0078) and may be 

submitted by any of the following 

methods: 

• Web site: http:// 

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. 

Communications received within 30 

days of the date of this notice will be 

considered by FRA before final action is 

taken. Comments received after that 

date will be considered as far as 

practicable. All written communications 

concerning these proceedings are 

available for examination during regular 

business hours (9 a.m.–5 p.m.) at the 

above facility. All documents in the 

public docket are also available for 

inspection and copying on the Internet 

at the docket facility’s Web site at 

http://www.regulations.gov. 

Anyone is able to search the 

electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

Issued in Washington, DC on December 1, 

2010. 

Robert C. Lauby, 

Deputy Associate Administrator for 

Regulatory and Legislative Operations. 

[FR Doc. 2010–30532 Filed 12–6–10; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2000–7257; Notice No. 65] 

Railroad Safety Advisory Committee 

(RSAC); Working Group Activity 

Update 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Announcement of Railroad 

Safety Advisory Committee (RSAC) 

Working Group Activities. 

SUMMARY: The FRA is updating its 

announcement of RSAC’s Working 

Group activities to reflect its current 

status. 

FOR FURTHER INFORMATION CONTACT: 

Larry Woolverton, RSAC Designated 

Federal Officer/Administrative Officer, 

FRA, 1200 New Jersey Avenue, SE., 

Mailstop 25, Washington, DC 20590, 

(202) 493–6212; or Robert Lauby, 

Deputy Associate Administrator for 

Regulatory and Legislative Operations, 

FRA, 1200 New Jersey Avenue, SE., 

Mailstop 25, Washington, DC 20590, 

(202) 493–6474. 


emcdonald on DSK2BSOYB1PROD with NOTICES