79308 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Rules and Regulations 

After considering the economic 

impact of today’s Direct Final rule on 

small entities, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. This action does not create any 

new regulatory requirements, but rather 

makes technical corrections to Subpart 

K of the hazardous waste generator 

regulations. Although this Direct Final 

rule will not have a significant 

economic impact on a substantial 

number of small entities, EPA 

nonetheless has tried to reduce the 

impact of this rule on small entities. 

B. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. section 801 et seq., as added by 

the Small Business Regulatory 

Enforcement Fairness Act of 1996, 

generally provides that before a rule 

may take effect, the agency 

promulgating the rule must submit a 

rule report, which includes a copy of 

the rule, to each House of the Congress 

and to the Comptroller General of the 

United States. EPA will submit a report 

containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 262 

Environmental protection, Exports, 

Hazardous materials transportation, 

Hazardous waste, Imports, Labeling, 

Packaging and containers, Reporting 

and recordkeeping requirements. 

Dated: December 13, 2010. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

For the reasons set out in the 

preamble, Part 262 of title 40, chapter I 

of the Code of Federal Regulations is 

amended as follows: 

PART 262—STANDARDS APPLICABLE 

TO GENERATORS OF HAZARDOUS 

WASTE 

■ 1. The authority citation for part 262 

continues to read as follows: 

Authority: 42 U.S.C. 6906, 6912, 6922– 

6925, 6937, and 6938. 

Subpart K—Alternative Requirements 

for Hazardous Waste Determination 

and Accumulation of Unwanted 

Material for Laboratories Owned by 

Eligible Academic Entities 

■ 2. Amend § 262.200 to revise the 

definition of ‘‘central accumulation 

area’’ to read as follows: 

§ 262.200 Definitions for this subpart. 

* * * * * 

Central accumulation area means an 

on-site hazardous waste accumulation 

area subject to either § 262.34(a)–(b) of 

this part (large quantity generators) or 

§ 262.34(d)–(f) of this part (small 

quantity generators). A central 

accumulation area at an eligible 

academic entity that chooses to be 

subject to this subpart must also comply 

with § 262.211 when accumulating 

unwanted material and/or hazardous 

waste. 

* * * * * 

■ 3. Amend § 262.206 to revise 

paragraph (b)(3)(i), to read as follows: 

§ 262.206 Labeling and management 

standards for containers of unwanted 

material in the laboratory. 

* * * * * 

(b) * * * 

(3) * * * 

(i) When adding, removing or bulking 

unwanted material, or 

* * * * * 

■ 4. Amend § 262.212 to revise 

paragraph (e)(1), to read as follows: 

§ 262.212 Making the hazardous waste 

determination at an on-site interim status or 

permitted treatment, storage or disposal 

facility. 

* * * * * 

(e) * * * 

(1) Write the words ‘‘hazardous waste’’ 

on the container label that is affixed or 

attached to the container within 4 

calendar days of arriving at the on-site 

interim status or permitted treatment, 

storage or disposal facility and before 

the hazardous waste may be removed 

from the on-site interim status or 

permitted treatment, storage or disposal 

facility, and 

* * * * * 

■ 5. Amend § 262.214 to revise 

paragraphs (a)(1) introductory text and 

(b)(1), to read as follows: 

§ 262.214 Laboratory management plan. 

* * * * * 

(a) * * * 

(1) Describe procedures for container 

labeling in accordance with 

§ 262.206(a), as follows: 

* * * * * 

(b) * * * 

(1) Describe its intended best 

practices for container labeling and 

management (see the required standards 

at § 262.206). 

* * * * * 

[FR Doc. 2010–31746 Filed 12–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 219 

[Docket No. 2001–11213, Notice No. 14] 

Alcohol and Drug Testing: 

Determination of Minimum Random 

Testing Rates for 2011 

AGENCY: Federal Railroad 

Administration (FRA), DOT. 

ACTION: Notice of Determination. 

SUMMARY: Using data from Management 

Information System annual reports, FRA 

has determined that the 2009 rail 

industry random testing positive rates 

were .037 percent for drugs and .014 

percent for alcohol. Because the 

industry-wide random drug testing 

positive rate has remained below 1.0 

percent for the last two years of data, the 

Federal Railroad Administrator 

(Administrator) has determined that the 

minimum annual random drug testing 

rate for the period January 1, 2011, 

through December 31, 2011, will remain 

at 25 percent of covered railroad 

employees. In addition, because the 

industry-wide random alcohol testing 

violation rate has remained below 0.5 

percent for the last two years, the 

Administrator has determined that the 

minimum random alcohol testing rate 

will remain at 10 percent of covered 

railroad employees for the period 

January 1, 2011, through December 31, 

2011. 

DATES: This notice of determination is 

effective December 20, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Lamar Allen, Alcohol and Drug Program 

Manager, Office of Safety Enforcement, 

Mail Stop 25, Federal Railroad 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

(telephone 202 493–6313); or Kathy 

Schnakenberg, FRA Alcohol/Drug 

Program Specialist, (telephone 816 561– 

2714). 

SUPPLEMENTARY INFORMATION: 

Administrator’s Determination of 2011 

Minimum Random Drug and Alcohol 

Testing Rates 

In a final rule published on December 

2, 1994 (59 FR 62218), FRA announced 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Rules and Regulations 79309 

that it will set future minimum random 

drug and alcohol testing rates according 

to the rail industry’s overall positive 

rate, which is determined using annual 

railroad drug and alcohol program data 

taken from FRA’s Management 

Information System. Based on this data, 

the Administrator publishes a Federal 

Register notice of determination each 

year, announcing the minimum random 

drug and alcohol testing rates for the 

following year. See 49 CFR 219.602, 

608. 

Under this performance-based system, 

FRA may lower the minimum random 

drug testing rate to 25 percent of 

covered railroad employees whenever 

the industry-wide random drug positive 

rate is less than 1.0 percent for two 

calendar years while testing at a 50 

percent minimum rate. For both drugs 

and alcohol, FRA reserves the right to 

consider other factors, such as the 

number of positives in its post-accident 

testing program, before deciding 

whether to lower annual minimum 

random testing rates. If the industrywide random drug positive rate is 1.0 

percent or higher in any subsequent 

calendar year, FRA will return the 

minimum random drug testing rate to 50 

percent of covered railroad employees. 

If the industry-wide random alcohol 

violation rate is less than 1.0 percent but 

greater than 0.5 percent, the minimum 

random alcohol testing rate will be 25 

percent of covered railroad employees. 

FRA will raise the minimum random 

rate to 50 percent of covered railroad 

employees if the industry-wide random 

alcohol violation rate is 1.0 percent or 

higher in any subsequent calendar year. 

FRA may lower the minimum random 

alcohol testing rate to 10 percent of 

covered railroad employees whenever 

the industry-wide violation rate is less 

than 0.5 percent for two calendar years 

while testing at a higher rate. 

In this notice of determination, FRA 

announces that the minimum random 

drug testing rate will remain at 25 

percent of covered railroad employees 

for the period January 1, 2011, through 

December 31, 2011, because the 

industry random drug testing positive 

rate was below 1.0 percent for the last 

two years (.046 in 2008 and .037 in 

2009). The minimum random alcohol 

testing rate will remain at 10 percent of 

covered railroad employees for the 

period January 1, 2011, through 

December 31, 2011, because the 

industry-wide violation rate for alcohol 

has remained below 0.5 percent for the 

last two years (.015 in 2008 and .014 in 

2009). Railroads remain free, as always, 

to conduct random testing at higher 

rates. 

Issued in Washington, DC, on December 

13, 2010. 

Joseph C. Szabo, 

Administrator. 

[FR Doc. 2010–31805 Filed 12–17–10; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 101124587–0586–01] 

RIN 0648–BA47 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery Off the South Atlantic 

States; Emergency Rule To Delay 

Effectiveness of the Snapper-Grouper 

Area Closure; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; correction. 

SUMMARY: This document contains a 

correction to the temporary rule that 

delays the effective date of the area 

closure for snapper-grouper specified in 

Amendment 17A to the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP) that was published in the 

Federal Register December 9, 2010. 

DATES: Effective December 20, 2010, the 

effective date of the rule published in 

the Federal Register December 9, 2010 

(75 FR 76890), is corrected to January 3, 

2011, through June 1, 2011, unless 

NMFS publishes a superseding 

document in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Anik Clemens, 727–824–5305; fax: 727– 

824–5308; e-mail: 

Anik.Clemens@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Need for Correction 

On December 9, 2010 (75 FR 76890), 

NMFS published an incorrect effective 

date in the DATES section of the 

temporary rule. The DATES section 

contained an incorrect effective date of 

January 3, 2010. The correct effective 

date for the temporary rule is January 3, 

2011, through June 1, 2011, unless 

NMFS publishes a superseding 

document in the Federal Register. This 

document corrects that effective date. 

Correction 

In FR Doc. 2010–30682 appearing on 

page 78158 in the Federal Register of 

December 9, 2010, correct the DATES

section to read as follows: 

DATES: This rule is effective January 3, 2011 

through June 1, 2011, unless NMFS publishes 

a superseding document in the Federal 

Register. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: December 15, 2010. 

John Oliver, 

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service. 

[FR Doc. 2010–31917 Filed 12–17–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

RIN 0648–XA017 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

retention limit adjustment. 

SUMMARY: NMFS has determined that 

the Atlantic tunas General category 

daily Atlantic bluefin tuna (BFT) 

retention limit should be adjusted for 

the month of January 2011, based on 

consideration of the regulatory 

determination criteria regarding 

inseason adjustments. This action 

applies to Atlantic tunas General 

category permitted vessels and Highly 

Migratory Species Charter/Headboat 

category permitted vessels (when 

fishing commercially for BFT). 

DATES: Effective January 1, 2011, 

through January 31, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Sarah McLaughlin or Brad McHale, 

978–281–9260. 

SUPPLEMENTARY INFORMATION: 

Regulations implemented under the 

authority of the Atlantic Tunas 

Convention Act (ATCA; 16 U.S.C. 971 et 

seq.) and the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.) governing the harvest of BFT by 

persons and vessels subject to U.S. 

jurisdiction are found at 50 CFR part 

635. Section 635.27 subdivides the U.S. 

BFT quota recommended by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

among the various domestic fishing 

categories, per the allocations 


jlentini on DSKJ8SOYB1PROD with RULES