### 86063 Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**Random Drug and Alcohol Testing Percentage Rates of Covered Aviation**  **Employees for the Period of January 1, 2017, Through December 31, 2017** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Notice.

**SUMMARY :**  The FAA has determined that the minimum random drug and alcohol testing percentage rates for the period January 1, 2017, through December 31, 2017, will remain at 25 percent of safety-sensitive employees for randomdrug testing and 10 percent of safetysensitive employees for random alcohol testing.

**FOR FURTHER INFORMATION CONTACT :**  Ms. Vicky Dunne, Office of Aerospace Medicine, Drug Abatement Division, Program Policy Branch (AAM–820), 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 2015, the random drug test positive rate was 0.523%. Therefore, the minimum random drug testing rate will remain at 25% for calendar year 2017.

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 2015, the random alcohol test violation rate was 0.083%. Therefore, the minimum random alcohol testing rate will remain at 10% for calendar year 2017.

**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 November 16, 2016. James R. Fraser, Federal Air Surgeon.
[FR Doc. 2016–28555 Filed 11–28–16; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Motor Carrier Safety Administration** 

**[Docket No. FMCSA–2016–0212]**

**Qualification of Drivers; Exemption Applications; Vision** 

**AGENCY :**  Federal Motor Carrier Safety Administration (FMCSA), DOT.

**ACTION :**  Notice of applications for exemptions; request for comments.

**SUMMARY :**  FMCSA announces receipt of applications from 31 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce.

**DATES :**  Comments must be received on or before December 29, 2016. All comments will be investigated by FMCSA. The exemptions will be issued the day after the comment period closes.

**ADDRESSES :**  You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2016–0212 using any of the following methods:

• Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.

• Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001.

• Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal Holidays.

• Fax: 1–202–493–2251. Instructions: Each submission must include the Agency name and the docket numbers for this notice. Note that all comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information.

Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received yourcomments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line.

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, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy.

**FOR FURTHER INFORMATION CONTACT :**  Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64– 113, Washington, DC 20590–0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826.

**SUPPLEMENTARY INFORMATION :**  I. Background

Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal Motor Carrier Safety Regulations for a 2-year period if it finds ‘‘such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.’’ FMCSA can renew exemptions at the end of each 2-year period. The 31 individuals listed in this notice have each requested such an exemption from the vision requirement in 49 CFR 391.41(b)(10), which applies to drivers of CMVs in interstate commerce. Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting an exemption will achieve the required level of safety mandated by statute.