1546 Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Rules and Regulations 

Dated: November 20, 2009. 

George Pavlou, 

Acting Regional Administrator, Region 2. 

■ Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart BBB—Puerto Rico 

■ 2. Section 52.2720 is amended by 

adding new paragraph (c)(37) to read as 

follows: 

§ 52.2720 Identification of plan. 

* * * * * 

(c) * * * 

(37) On March 31, 2009, the Puerto 

Rico Environmental Quality Board 

submitted a Particulate Matter (PM10) 

Limited Maintenance Plan and 

requested the redesignation of the 

Municipality of Guaynabo PM10

Nonattainment area to attainment for 

PM10. EPA approves Puerto Rico’s 

Limited Maintenance Plan including the 

2002 PM10 attainment emissions 

inventory, attainment plan, 

maintenance demonstration, 

contingency measures, monitoring 

network, transportation conformity 

analysis and revisions to Rules 102 and 

423 of the Puerto Rico Regulation for the 

Control of Atmospheric Pollution. On 

July 15, 2009, the Puerto Rico 

Environmental Quality Board submitted 

the official copy of the adopted 

revisions to Rules 102 and 423. 

(i) Limited Maintenance Plan 24-Hour 

PM10 National Ambient Air Quality 

Standards (NAAQS) for the 

Municipality of Guaynabo Moderate 

Nonattainment Area which includes 

amendments to Rules 102 and 423 of the 

Regulation for the Control of 

Atmospheric Pollution, approved by the 

Puerto Rico Environmental Quality 

Board March 5, 2009; filed with the 

Secretary of State April 28, 2009; 

effective May 28, 2009. 

(A) Rule 102 Definitions, Guaynabo 

PM10 Maintenance Area; filed with the 

Secretary of State April 28, 2009; 

effective May 28, 2009. 

(B) Rule 423 Limitations for the 

Guaynabo PM10 Maintenance Area; filed 

with the Secretary of State April 28, 

2009; effective May 28, 2009. 

■ 3. Section 52.2723, the table is 

amended by revising the entries for Rule 

102 and Rule 423 to read as follows: 

§ 52.2723 EPA-approved Puerto Rico 

regulations. 

REGULATION FOR THE CONTROL OF ATMOSPHERIC POLLUTION

Puerto Rico regulations 

Commonwealth effective date 

EPA approval date Comments 

* * * * * * * 

Rule 102, Definitions ..................................................... 5/28/09 1/12/10, [Insert FR page citation]. 

* * * * * * * 

Rule 423, Limitations for the Guaynabo PM10 Maintenance Area.5/28/09 1/12/10, [insert FR page citation]. 

* * * * * * * 

PART 81—[AMENDED] 

■ 4. The authority citation for part 81 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 5. In § 81.355, the table entitled 

‘‘Puerto Rico—PM–10’’ is amended by 

removing the entry for ‘‘Guaynabo 

County’’ and adding in its place the 

entry ‘‘Municipality of Guaynabo’’ to 

read as follows: 

§ 81.355 Puerto Rico. 

* * * * * 

PUERTO RICO—PM10

Designated area 

Designation Classification 

Date Type Date Type 

Municipality of Guaynabo ........................................................ 1/12/10 Attainment. 

* * * * * * * 

* * * * * 

[FR Doc. 2010–258 Filed 1–11–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–2647; MB Docket No. 09–122; RM– 

11544] 

Television Broadcasting Services; 

Bangor, ME 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission has before it 

a petition for rulemaking filed by 

Community Broadcasting Service, the 

licensee of WABI–TV, channel 19, 

Bangor, Maine, requesting the 

substitution of channel 13 for channel 

19 at Bangor. 

DATES: This rule is effective February 

11, 2010. 

WReier-Aviles on DSKGBLS3C1PROD with RULES

Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Rules and Regulations 1547 

FOR FURTHER INFORMATION CONTACT: 

Adrienne Y. Denysyk, Media Bureau, 

(202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 09–122, 

adopted December 31, 2009, and 

released January 4, 2010. The full text 

of this document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street, SW., 

Washington, DC 20554. This document 

will also be available via ECFS (http:// 

fjallfoss.fcc.gov/ecfs/). This document 

may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 

1–800–478–3160 or via the company’s 

Web site, http://www.bcipweb.com. To 

request materials in accessible formats 

for people with disabilities (Braille, 

large print, electronic files, audio 

format), send an e-mail to 

fcc504@fcc.gov or call the Consumer & 

Governmental Affairs Bureau at 202– 

418–0530 (voice), 202–418–0432 (tty). 

This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

information collection burden ‘‘for small 

business concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

The Commission will send a copy of 

this Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Television, Television broadcasting. 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR Part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.622 [Amended] 

■ 2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Maine, is amended by adding 

channel 13 and removing channel 19 at 

Bangor. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. 2010–329 Filed 1–11–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 219 

[Docket No. 2001–11213, Notice No. 13] 

RIN 2130–AA81 

Alcohol and Drug Testing: 

Determination of Minimum Random 

Testing Rates for 2010 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of Determination. 

SUMMARY: Using data from Management 

Information System annual reports, FRA 

has determined that the 2008 rail 

industry random testing positive rates 

were 0.46 percent for drugs and 0.15 

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, 2010, 

through December 31, 2010, 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, 2010, through December 31, 

2010. 

DATES: This notice is effective upon 

publication. 

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 2010 

Minimum Random Drug and Alcohol 

Testing Rates 

In a final rule published on December 

2, 1994 (59 FR 62218), FRA announced 

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 each year, announcing 

the minimum random drug and alcohol 

testing rates for the following year. See 

49 CFR 219.602 and 219.608. 

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, FRA announces that the 

minimum random drug testing rate will 

remain at 25 percent of covered railroad 

employees for the period January 1, 

2010 through December 31, 2010, 

because the industry random drug 

testing positive rate was below 1.0 

percent for the last two years (the drug 

testing positive rate was .046 percent in 

2008 and .056 percent in 2007). The 

minimum random alcohol testing rate 

will remain at 10 percent of covered 

railroad employees for the period 

January 1, 2010 through December 31, 

2010, because the industry-wide 

violation rate for alcohol has remained 

WReier-Aviles on DSKGBLS3C1PROD with RULES