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

1548 Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Rules and Regulations 

1A.M. Best Company is a well-recognized source 

of insurance company ratings and information. 49 

U.S.C. 33112(i) authorizes NHTSA to consult with 

public and private organizations as necessary. 

below 0.5 percent for the last two years 

(the industry-wide violation rate for 

alcohol was .015 percent in 2008 and 

.018 percent in 2007). Railroads remain 

free, as always, to conduct random 

testing at higher rates. 

Issued in Washington, DC, on January 6, 

2010. 

Joseph C. Szabo, 

Administrator. 

[FR Doc. 2010–374 Filed 1–11–10; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 544 

[Docket No.: NHTSA–2009–0050] 

RIN 2127–AK46 

Insurer Reporting Requirements; List 

of Insurers Required To File Reports 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Insurer Reporting Requirements. The 

regulations specify the requirements for 

annual insurer reports and lists in 

appendices those passenger motor 

vehicle insurers that are required to file 

reports on their motor vehicle theft loss 

experiences. An insurer included in any 

of these appendices must file three 

copies of its report for the 2006 calendar 

year before October 25, 2009 as 

specified by law, but we acknowledge 

this notice has not been published by 

that date. Therefore, NHTSA will not 

take enforcement actions against any 

insurer that file the 2006 insurer reports 

after October 25, 2009, but not later than 

December 31, 2009. This is a one-time 

exception, based on the unique 

circumstances for 2009. All subsequent 

reports must be filed not later than 

October 25th of the year in which the 

reports are due. If the passenger motor 

vehicle insurers remain listed, they 

must submit reports by each subsequent 

October 25th. 

DATES: This final rule becomes effective 

on February 11, 2010. Insurers listed in 

the appendices were required to submit 

reports on or before December 31, 2009. 

If you wish to submit a petition for 

reconsideration of this rule, your 

petition must be received by February 

26, 2010. 

ADDRESSES: Petitions for reconsideration 

should refer to the docket number and 

be submitted to: Administrator, National 

Highway Traffic Safety Administration, 

1200 New Jersey Avenue, SE., West 

Building, Room W41–307, Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Carlita Ballard, Office of International 

Policy, Fuel Economy and Consumer 

Programs, NHTSA, 1200 New Jersey 

Avenue, SE., West Building, Room 

W43–439, Washington, DC 20590, by 

electronic mail to 

carlita.ballard@dot.gov. Ms. Ballard’s 

telephone number is (202) 366–0846. 

Her fax number is (202) 493–2990. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Pursuant to 49 U.S.C. 33112, Insurer 

reports and information, NHTSA 

requires certain passenger motor vehicle 

insurers to file an annual report with the 

agency. Each insurer’s report includes 

information about thefts and recoveries 

of motor vehicles, the rating rules used 

by the insurer to establish premiums for 

comprehensive coverage, the actions 

taken by the insurer to reduce such 

premiums, and the actions taken by the 

insurer to reduce or deter theft. 

Pursuant to 49 U.S.C. Section 33112(f), 

the following insurers are subject to the 

reporting requirements: 

(1) Issuers of motor vehicle insurance 

policies whose total premiums account 

for 1 percent or more of the total 

premiums of motor vehicle insurance 

issued within the United States; 

(2) issuers of motor vehicle insurance 

policies whose premiums account for 10 

percent or more of total premiums 

written within any one state and; 

(3) rental and leasing companies with 

a fleet of 20 or more vehicles not 

covered by theft insurance policies 

issued by insurers of motor vehicles, 

other than any governmental entity. 

Pursuant to its statutory exemption 

authority, the agency exempted certain 

passenger motor vehicle insurers from 

the reporting requirements. 

A. Small Insurers of Passenger Motor 

Vehicles 

Section 33112(f)(2) provides that the 

agency shall exempt small insurers of 

passenger motor vehicles if NHTSA 

finds that such exemptions will not 

significantly affect the validity or 

usefulness of the information in the 

reports, either nationally or on a stateby-state basis. The term ‘‘small insurer’’ 

is defined, in Section 33112(f)(1)(A) and 

(B), as an insurer whose premiums for 

motor vehicle insurance issued directly 

or through an affiliate, including 

pooling arrangements established under 

state law or regulation for the issuance 

of motor vehicle insurance, account for 

less than 1 percent of the total 

premiums for all forms of motor vehicle 

insurance issued by insurers within the 

United States. However, that section 

also stipulates that if an insurance 

company satisfies this definition of a 

‘‘small insurer,’’ but accounts for 10 

percent or more of the total premiums 

for all motor vehicle insurance issued in 

a particular state, the insurer must 

report about its operations in that state. 

In the final rule establishing the 

insurer reports requirement (49 CFR 

Part 544; 52 FR 59, January 2, 1987), 

NHTSA exercised its exemption 

authority by listing in Appendix A each 

insurer that must report because it had 

at least 1 percent of the motor vehicle 

insurance premiums nationally. Listing 

the insurers subject to reporting, instead 

of each insurer exempted from reporting 

because it had less than 1 percent of the 

premiums nationally, is 

administratively simpler, since the 

former group is much smaller than the 

latter. In Appendix B, NHTSA lists 

those insurers required to report for 

particular states because each insurer 

had a 10 percent or greater market share 

of motor vehicle premiums in those 

states. In the January 1987 final rule, the 

agency stated that it would update 

Appendices A and B annually. NHTSA 

updates the appendices based on data 

voluntarily provided by insurance 

companies to A.M. Best, which A.M. 

Best 1 publishes in its State/Line Report 

each spring. The agency uses the data to 

determine the insurers’ market shares 

nationally and in each state. 

B. Self-Insured Rental and Leasing 

Companies 

In addition, upon making certain 

determinations, NHTSA grants 

exemptions to self-insurers, i.e., any 

person who has a fleet of 20 or more 

motor vehicles (other than any 

governmental entity) used for rental or 

lease whose vehicles are not covered by 

theft insurance policies issued by 

insurers of passenger motor vehicles, 49 

U.S.C. 33112(b)(1) and (f). Under 49 

U.S.C. 33112(e)(1) and (2), NHTSA may 

exempt a self-insurer from reporting, if 

the agency determines: 

(1) The cost of preparing and 

furnishing such reports is excessive in 

relation to the size of the business of the 

insurer; 

(2) The insurer’s report will not 

significantly contribute to carrying out 

the purposes of Chapter 331. 

In a final rule published June 22, 1990 

(55 FR 25606), the agency granted a 

WReier-Aviles on DSKGBLS3C1PROD with RULES