8528 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Rules and Regulations 

2007 is adopted as a final rule without 

change. 

[FR Doc. 2010–3730 Filed 2–24–10; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 40 

[Docket DOT–OST–2008–0088] 

RIN OST 2105–AD84 

Procedures for Transportation 

Workplace Drug and Alcohol Testing 

Programs 

AGENCY: Office of the Secretary, DOT. 

ACTION: Final rule. 

SUMMARY: The Department of 

Transportation is making technical 

amendments to its drug and alcohol 

testing procedures to authorize 

employers to begin using the updated 

U.S. DOT Alcohol Testing Form (ATF) 

and the Management Information 

System (MIS) Data Collection Form. The 

Department updated the information 

collection notice on the forms to 

conform to requirements under the 

Paperwork Reduction Act. 

DATES: The rule is effective February 25, 

2010. 

FOR FURTHER INFORMATION CONTACT: For 

program issues, Bohdan Baczara, Office 

of Drug and Alcohol Policy and 

Compliance, 1200 New Jersey Avenue, 

SE., Washington, DC 20590; (202) 366– 

3784 (voice), (202) 366–3897 (fax), or 

bohdan.baczara@dot.gov (e-mail). 

SUPPLEMENTARY INFORMATION: 

Background and Purpose 

In compliance with the Paperwork 

Reduction Act of 1995, Public Law 104– 

13, (44 U.S.C. 3501 et seq.) the 

Department submitted a request to the 

Office of Management and Budget 

(OMB) for the extension of the currently 

approved Procedures for the 

Transportation Drug and Alcohol 

Testing Program. OMB approved the 

submission which included a revised 

U.S. DOT Alcohol Testing Form (ATF) 

and the Management Information 

System (MIS) Data Collection Form. 

As part of the approval process, the 

Department asked for public comment 

on ways to enhance the quality, utility, 

and clarity of the information being 

collected on the Alcohol Testing Form 

(ATF) and Management Information 

System (MIS) form Federal Register [73 

FR 14300] and [73 FR 33140]. There was 

one response, which contained several 

comments. As a result of the comments 

and other input from OMB and DOT 

agencies, both forms were updated. 

Specifically, the ATF and MIS were 

updated to include an updated 

Paperwork Reduction Act Burden 

Statement, the current address of the 

Department, new DOT form numbers. 

We provided additional instructions on 

the reverse side of Page 3 of the ATF 

that tamper evident tape must not 

obscure the printed information. Also, 

the legends in the test result boxes on 

the front of the ATF were adjusted and 

printed in a smaller font so they don’t 

obscure test results printed directly on 

the ATF. Other than these changes, the 

content and format of ATF from the 

previous versions remain the same. 

The Department recognizes that 

employers and alcohol testing 

technicians may currently have a large 

supply of old ATFs. To avoid 

unnecessarily wasting these forms, the 

Department will permit the use of the 

old ATF until supplies are exhausted, 

but the old ATF must not be used 

beyond August 1, 2010. Employers are 

authorized to begin using the updated 

ATF immediately. 

In 2006, the Department published a 

Federal Register notice [71 FR 49383] to 

update the MIS form and its 

accompanying instructions to change 

the name the Research and Special 

Programs Administration (RSPA) to the 

Pipeline and Hazardous Materials Safety 

Administration (PHMSA). This change 

reflects a February 2005 reorganization 

and renaming of that DOT agency. Since 

the change did not appear in the 

Federal Register notice, we are 

publishing the form with its 

accompanying instructions sheet again. 

The MIS form is a single-page form, 

and the information reported on the MIS 

data form can be submitted 

electronically via the Internet at http:// 

damis.dot.gov. As a result, it is less 

likely any employer would have a large 

number of MIS forms. Thus, employers 

required to report MIS data must begin 

using the revised MIS form in 2011 to 

report calendar year 2010 MIS data. 

Both revised forms can be found on 

our Web site at http://www.dot.gov/ost/ 

dapc/documents.html. 

Regulatory Analyses and Notices 

The statutory authority for this rule 

derives from the Omnibus 

Transportation Employee Testing Act of 

1991 (49 U.S.C. 102, 301, 322, 5331, 

20140, 31306, and 45101 et seq.) and the 

Department of Transportation Act (49 

U.S.C. 322). 

This rule is a non-significant rule both 

for purposes of Executive Order 12886 

and the Department of Transportation’s 

Regulatory Policies and Procedures. The 

Department certifies that it will not have 

a significant economic effect on a 

substantial number of small entities, for 

purposes of the Regulatory Flexibility 

Act. The Department makes these 

statements on the basis that, as a series 

of technical amendments that correct or 

clarify existing regulatory provisions, 

this rule will not impose any significant 

costs on anyone. The costs of the 

underlying Part 40 final rule were 

analyzed in connection with its 

issuance in December 2000. Therefore, 

it has not been necessary for the 

Department to conduct a regulatory 

evaluation or Regulatory Flexibility 

Analysis for this final rule. The forms 

comply with the Paperwork Reduction 

Act. It has no Federalism impacts that 

would warrant a Federalism assessment. 

The amendments made in this rule are 

technical and corrective, to an existing 

rule that went through an extensive 

public notice and comment process. 

The amendments are purely technical, 

do not make significant changes to Part 

40, and we would not anticipate the 

receipt of meaningful comments on 

them. Consequently, the Department has 

determined, for purposes of section 553 

of the Administrative Procedure Act, 

that prior notice and comment are 

unnecessary, impracticable, or contrary 

to the public interest. For the same 

reasons, and because it will be very 

useful to program participants to be 

authorized to use the revised forms 

immediately, we have determined, 

under section 553, that there is good 

cause to make the rule effective 

immediately upon publication. 

List of Subjects in 49 CFR Part 40 

Administrative practice and 

procedures, Alcohol abuse, Alcohol 

testing, Drug abuse, Drug testing, 

Laboratories, Reporting and 

recordkeeping requirements, Safety, 

Transportation. 

Issued this 9th day of February 2010, at 

Washington, DC. 

Ray LaHood, 

Secretary of Transportation. 

■ For reasons discussed in the 

preamble, the Department of 

Transportation is amending 49 CFR part 

40, Code of Federal Regulations, as 

follows: 

PART 40—PROCEDURES FOR 

TRANSPORTATION WORKPLACE 

DRUG AND ALCOHOL TESTING 

PROGRAMS 

■ 1. The authority citation for 49 CFR 

part 40 continues to read as follows: 

Authority: 49 U.S.C. 102, 301, 322, 5331, 

20140, 31306, and 45101 et seq. 


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§ 40.225 [Amended] 

■ 2. Section 40.225 (a) is amended by 

removing the words, ‘‘February 1, 2002’’. 

■ 3. Appendix G to Part 40—Alcohol 

Testing Form is revised to read as 

follows: 

Appendix G to Part 40—Alcohol 

Testing Form 

The following form is the alcohol testing 

form required for use in the DOT alcohol 

testing program beginning August 1, 2010. 

Employers are authorized to use the form 

effective February 25, 2010. 

BILLING CODE 4910–9X–P 


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■ 4. Appendix H to Part 40—DOT Drug 

and Alcohol Testing Management 

Information System (MIS) Data 

Collection Form is revised to read as 

follows: 

Appendix H to Part 40—DOT Drug and 

Alcohol Testing Management 

Information System (MIS) Data 

Collection Form 

The following form is the MIS Data 

Collection form required for use beginning in 

2011 to report calendar year 2010 MIS data. 


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[FR Doc. 2010–3731 Filed 2–24–10; 8:45 am] 

BILLING CODE 4910–9X–C 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XU59 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closures and 

openings. 

SUMMARY: NMFS is announcing the 

opening and closing dates of the Atka 

mackerel directed fisheries within the 

harvest limit area (HLA) in Statistical 

Area 542 (area 542) and Statistical Area 

543 (area 543). This action is necessary 

to fully use the 2010 A season HLA 

limits of Atka mackerel in areas 542 and 

543 of the Bering Sea and Aleutian 

Islands management area. 

DATES: The effective dates are provided 

in Table 1 under the SUPPLEMENTARY

INFORMATION section of this temporary 

action. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., March 9, 2010. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by [RIN], by any 

one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal website at 

http://www.regulations.gov. 

• Mail: P. O. Box 21668, Juneau, AK 

99802. 

• Fax: (907) 586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

All comments received are a part of 

the public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (e.g., name, address) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments. Enter ‘‘N/A’’ in the required 

fields, if you wish to remain 

anonymous. Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

portable document file (pdf) formats 

only. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

Bering Sea and Aleutian Islands (BSAI) 

exclusive economic zone according to 

the Fishery Management Plan for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

In accordance with the final 2009 and 

2010 harvest specifications for 

groundfish in the BSAI (74 FR 7359, 

February 17, 2009) the HLA limits of the 

A season allowance of the 2010 Atka 

mackerel total allowable catch (TAC) in 

area 542 and area 543 are 2,854 metric 

tons (mt) and 2,022 mt, respectively, for 

the Amendment 80 cooperative. For 

Amendment 80 limited access sector in 

area 543, the HLA limit of the A season 

allowance of the 2010 TAC for Atka 

mackerel is 3,250 mt. Finally, the HLA 

limit in area 542 of the A season 

allowance of the 2010 TAC for Atka 

mackerel for the BSAI trawl limited 

access sector is 458 mt. 

NMFS previously announced the 

opening and closing dates of the first 

and second directed fisheries within the 

HLA in areas 542 and 543 (75 FR 3873, 

January 25, 2010). NMFS has 

determined that approximately 2,225 mt 

of Atka mackerel remain in the A season 

HLA limit in area 542 and 

approximately 2,022 mt of Atka 

mackerel remain in the A season HLA 

limit in area 543 for vessels 

participating in the Amendment 80 

cooperative. NMFS has determined that 

approximately 3,250 mt of Atka 

mackerel remain in the A season HLA 

limit in area 543 for vessels 

participating in the Amendment 80 

limited access fishery. NMFS also has 

determined that approximately 458 mt 

of Atka mackerel remain in the A season 

HLA limit in area 542 for the vessel 

participating in the trawl limited access 

fishery. 

Therefore, in accordance with 

§ 679.25(a)(1)(i), (a)(2)(i)(C) and 

(a)(2)(iii)(D), and to fully utilize the A 

season HLA limits of Atka mackerel in 

areas 542 and 543, NMFS is terminating 

the previous closures and is opening 

directed fishing for Atka mackerel in the 

HLA of areas 542 and 543 for 

Amendment 80 cooperative vessels 

authorized to participate in the first 

HLA fishery in area 542 and the second 

HLA fishery in area 543. NMFS is also 

opening directed fishing for Atka 

mackerel in the HLA of area 543 for 

Amendment 80 limited access vessels 

authorized to participate in the first 


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