9018 Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Notices 

1 14 CFR § 93.227 (DCA); 74 FR 51648 (Oct. 7, 

2009) (EWR); 74 FR 51650 (Oct. 7, 2009) (JFK); 74 

FR 51653 (Oct. 7, 2009) (LGA). 

airport.1 The FAA may grant a waiver 

from the minimum usage requirements 

in highly unusual and unpredictable 

conditions that are beyond the control 

of the carrier and affect carrier 

operations for a period of five 

consecutive days or more. 

Statement of Policy 

The FAA has determined these 

unusual circumstances meet the criteria 

for a limited waiver of the minimum 

slot usage. Accordingly, the FAA will 

treat as used any slot or Operating 

Authorization held by a carrier from 

February 5 through 15, 2010. 

The FAA does not intend to routinely 

grant general waivers to the usage 

requirements. Rules allow for up to 20 

percent nonuse, including planned and 

unplanned cancellations. These rules 

are expected to accommodate routine 

weather and other cancellations under 

all but the most unusual circumstances. 

Issued in Washington, DC on February 

19th, 2010. 

James W. Whitlow, 

Acting Chief Counsel. 

[FR Doc. 2010–3958 Filed 2–25–10; 8:45 am] 

BILLING CODE 4910–13–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. 

Genesis Worldwide Logistics 

[Waiver Petition Docket Number FRA–2010– 

0008] 

The Genesis Worldwide Logistics 

(GWWL) has petitioned FRA for a 

waiver of compliance from the 

requirements of 49 CFR 223.11, ‘‘Safety 

Glazing Standards for Locomotives,’’ 

and 49 CFR 231.30, ‘‘Locomotives used 

in Switching Service.’’ GWWL is in the 

business of providing in-plant switching 

services for a warehousing and 

packaging distribution business located 

in Houston, Texas. The efficiency and 

safety of their in-plant operation is 

dependent on their use of the ‘‘StewartStevenson SS–4650 RailKing.’’ GWWL 

reports that this is a most 

technologically up-to-date selfpropelled vehicle designed for the 

movement of rail cars. The switching 

and interchange operations of GWWL 

are limited to movement on tracks at 

speeds of less than 10 mph on ‘‘otherthan-main-track’’ and on their own 

leased track from the Union Pacific. The 

approval of this request would allow for 

‘‘compliant use’’ of the SS4650 RailKing 

for these operations. 

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 (e.g., Waiver 

Petition Docket Number FRA–2010– 

0008) 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 

document (or signing the document, 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 (65 FR 

19477) or at http://www.dot.gov/ 

privacy.html. 

Issued in Washington, DC, on February 22, 

2010. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. 2010–3949 Filed 2–25–10; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket ID PHMSA–2010–0034] 

Pipeline Safety: Random Drug Testing 

Rate 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice of Minimum Annual 

Percentage Rate for Random Drug 

Testing. 

SUMMARY: PHMSA has determined that 

the minimum random drug testing rate 

for covered employees will remain at 25 

percent during calendar year 2010. 

DATES: Effective January 1, 2010 through 

December 31, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Stanley Kastanas, Program Manager, 

Substance Abuse Prevention Program, 

PHMSA, U.S. Department of 

Transportation, telephone 202–550– 

0629 or e-mail 

stanley.kastanas@dot.gov. 

SUPPLEMENTARY INFORMATION: Operators 

of gas, hazardous liquid, and carbon 

dioxide pipelines and operators of 

liquefied natural gas facilities must 

select and test a percentage of covered 

employees for random drug testing. 

Pursuant to 49 CFR 199.105(c)(2), (3), 

and (4), the PHMSA 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 pipeline 

industry. The data considered by the 

Administrator comes from operators’ 

annual submissions of Management 

Information System (MIS) reports 

required by 49 CFR 199.119(a). If the 

reported random drug test positive rate 

is less than one percent, the 

Administrator may continue the 

minimum random drug testing rate at 25 

percent. In 2008, the random drug test 

positive rate was less than one percent. 

Therefore, the minimum random drug 

testing rate will remain at 25 percent for 

calendar year 2010. 


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