Federal Register / Vol. 77, No. 232 / Monday, December 3, 2012 / Notices 71669 

benefits for eligible Andean countries. 

Pursuant to section 3103(d) of the 

ATPDEA, USTR promulgated 

regulations (15 CFR part 2016) (68 FR 

43922) regarding the review of 

eligibility of countries for the benefits of 

the ATPA, as amended. The 2012 

Annual ATPA Review is the eighth such 

review to be conducted pursuant to the 

ATPA regulations. 

In a Federal Register notice dated 

August 10, 2012, USTR initiated the 

2012 ATPA Annual Review and 

announced a deadline of September 17, 

2012 for the filing of petitions (77 FR 

47910). Chevron submitted information 

updating the petition it originally filed 

in 2004, which remains under review. 

Several U.S. business associations made 

submissions which referenced the 

matter already under review in the 

Chevron case but which did not contain 

specific information concerning other 

potential violations of eligibility criteria. 

Several other interested parties made 

submissions supporting the program 

which were not within the scope of the 

eligibility review. 

Following is the list of all petitions 

from prior years that will remain under 

review through July 31, 2013, which is 

the period that the ATPA is in effect: 

Ecuador—Human Rights Watch 

Ecuador—U.S./Labor Education in the 

Americas Project 

Ecuador—Chevron Texaco. 

Douglas Bell, 

Assistant U.S. Trade Representative for Trade 

Policy and Economics. 

[FR Doc. 2012–29046 Filed 11–30–12; 8:45 am] 

BILLING CODE 3290–F3–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Random Drug and Alcohol Testing 

Percentage Rates of Covered Aviation 

Employees for the Period of January 1, 

2013, Through December 31, 2013 

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, 2013, through December 31, 

2013, will remain at 25 percent of 

safety-sensitive employees for random 

drug 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 2011, the random 

drug test positive rate was 0.462%. 

Therefore, the minimum random drug 

testing rate will remain at 25% for 

calendar year 2013. 

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 2011, the random 

alcohol test violation rate was 0.097%. 

Therefore, the minimum random 

alcohol testing rate will remain at 10% 

for calendar year 2013. 

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, 

§§ 120.109(b) (for drug testing), and 

120.217(c) (for alcohol testing). 

Issued in Washington, DC on November 1, 

2012. 

Frederick E. Tilton, 

Federal Air Surgeon. 

[FR Doc. 2012–29223 Filed 11–30–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0278] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt 5 individuals from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations 

(FMCSRs). 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. The Agency has concluded that 

granting these exemptions will provide 

a level of safety that is equivalent to or 

greater than the level of safety 

maintained without the exemptions for 

these CMV drivers. 

DATES: The exemptions are effective 

December 3, 2012. The exemptions 

expire on December 3, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Elaine M. Papp, Chief, Medical 

Programs Division, (202)–366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 1200 

New Jersey Avenue SE., Room W64– 

224, Washington, DC 20590–0001. 

Office hours are from 8:30 a.m. to 5 p.m. 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at http:// 

www.regulations.gov. 

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., Monday through 

Friday, except Federal holidays. The 

FDMS is available 24 hours each day, 

365 days each year. If you want 

acknowledgement that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments on-line. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or of the person signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s Privacy Act 

Statement for the FDMS published in 

the Federal Register on January 17, 

2008 (73 FR 3316), or you may visit 

http://edocket.access.gpo.gov/2008/pdf/ 

E8–785.pdf. 

Background 

On September 26, 2012, FMCSA 

published a notice of receipt of 

exemption applications from certain 

individuals, and requested comments 

from the public (77 FR 59248). That 

notice listed 5 applicants’ case histories. 

The 5 individuals applied for 


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