Federal Register / Vol. 65, No. 11 / Tuesday, January 18, 2000 / Proposed Rules 2573

E. Regulatory Flexibility Act

The Regulatory Flexibility Act, 5

U.S.C. 600 et seq., generally requires an

agency to conduct a regulatory

flexibility analysis of any rule subject to

notice and comment rulemaking

requirements unless the agency certifies

that the rule will not have a significant

economic impact on a substantial

number of small entities. Small entities

include small businesses, small not-forprofit enterprises, and small

governmental jurisdictions. This

proposed rule will not have a significant

impact on a substantial number of small

entities because SIP approvals under

section 110 and subchapter I, part D of

the Act do not create any new

requirements but simply approve

requirements that the State is already

imposing. Therefore, because the

Federal SIP approval does not create

any new requirements, I certify that this

action will not have a significant

economic impact on a substantial

number of small entities. Moreover, due

to the nature of the Federal-State

relationship under the Act, preparation

of a flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The Act

forbids EPA to base its actions

concerning SIPs on such grounds. See

Union Electric Co. v. U.S. EPA, 427 U.S.

246, 255–66 (1976); 42 U.S.C.

7410(a)(2).

F. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995, signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated annual costs to

State, local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

The EPA has determined that the

approval action promulgated does not

include a Federal mandate that may

result in estimated annual costs of $100

million or more to either State, local, or

tribal governments in the aggregate, or

to the private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon Monoxide,

Hydrocarbons, Incorporation by

reference, Lead, Nitrogen oxides, Ozone,

Particulate matter, Sulfur oxides,

Volatile organic compounds.

Authority: 42 U.S.C. 7401 et seq.

Dated: December 16, 1999.

Jerry Clifford,

Acting Regional Administrator, Region 6.

[FR Doc. 00–1081 Filed 1–14–00; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 40

[Docket OST–99–6578]

RIN 2105–AC49

Procedures for Transportation

Workplace Drug and Alcohol Testing

Programs

AGENCY: Office of the Secretary, DOT.

ACTION: Notice of public meetings.

SUMMARY: The U.S. Department of

Transportation (DOT) is scheduling

three public listening sessions on its

notice of proposed rulemaking (NPRM)

to revise the Department’s drug and

alcohol testing procedures, published in

the Federal Register on December 9,

1999 ( 64 FR 69076 ). The meetings are

scheduled approximately 90 days after

the publication of the NPRM to provide

the public time to read and review the

document. The intent of the meetings is

to obtain additional information from

the public that was not submitted in

formal comments to the docket.

DATES AND ADDRESSES: The public

meetings will be held on March 20 and

21, 2000, at the Ronald Reagan Building

and International Trade Center, 1300

Pennsylvania Avenue, NW.,

Washington, DC 20004; on March 28,

2000, at the Hilton Los Angeles Airport,

5711 West Century Boulevard, Los

Angeles, CA 90045, telephone number

(310) 410–4000, fax (310) 410–6177; and

on March 30, 2000, at the Crowne Plaza,

Dallas Market Center, 7050 Stemmons

Freeway, Dallas, TX 75247, telephone

number (214) 630–8500, fax (214) 630–

0037. Meeting facilities may

accommodate only a limited number of

attendees and all participants and

commenters must pre-register to ensure

entry into the meetings. Registration

procedures are specified under

supplemental information below. Other

persons will be accommodated as space

and time permit.

FOR FURTHER INFORMATION CONTACT: For

general meeting information and to

register for one of the meetings, contact

the DOT contractor, Marti Bludworth,

Transportation Safety Institute (TSI),

Special Programs Division, DTI–100,

4400 Will Rogers Parkway, Suite 205,

Oklahoma City, OK 73108–2057,

telephone number (800) 862–4832,

extension 323, fax number (405) 946–

4268, or e-mail

martilbludworth@tsi.jccbi.gov.

SUPPLEMENTARY INFORMATION:

A. Purpose

The purpose of the meetings is to

provide all segments of the

transportation industry and the general

public with an opportunity to make

statements, which have not already been

made previously, to the docket. These

meetings would also give DOT the

opportunity to ask questions and ensure

that the public comments are clearly

understood by the Department. It may

also give the Department the

opportunity to clarify issues related to

comments that had already been

submitted to the docket during the early

days of the formal comment period.

Questions by commenters and other

attendees to the DOT will be permitted

as time allows.

B. Procedural Matters

The meeting in Washington, DC will

be held for a day and a half to provide

ample opportunity for attendees to make

comments and for DOT to have

additional time, if needed, to ask follow

up questions. This geographic location

will also provide added opportunity for

additional DOT staff and industry

representatives from the Capital area to

attend the meeting. All facilities will be

ADA accessible. The Department will

provide sign-language interpreters, if

requested. Attendees needing this

accommodation should notify TSI no

later than February 28, 2000. If no

requests are received, this service may

not be available.

Because these are listening sessions,

DOT will not offer space for vendors or

exhibitors to display their products.

All meetings will have limited, firstcome-first-served capacity due to

physical constraints of the facilities.

‘‘First come’’ will be based on the date

that the registration information is

received by TSI. Once the capacity of

the meeting room is reached, DOT will

not be able to ensure entry to

subsequent applicants. TSI will confirm

2574 Federal Register / Vol. 65, No. 11 / Tuesday, January 18, 2000 / Proposed Rules

those who are registered as attendees,

those who are registered to speak, and

those for whom space is not available.

Provisions may be made at the meeting

sites to grant additional admission to

offset ‘‘no-shows’’ who previously

registered for attendance.

C. Registration Procedures

All attendees, to include commenters,

must pre-register with TSI for these

meetings. For all attendees, the

following information is requested: Full

name, full mailing address, and

telephone number (in case the address

is not legible or additional information

is needed); the name of the city at which

you want to attend the meeting; and if

you will register at the hotel to take

advantage of blocked rooms (Los

Angeles and Dallas only). TSI will

confirm your attendance by mail.

Commenters must provide the same

information listed above and, in

addition, indicate which agency,

association, company, or institution

they are representing and which issue

they will address (e.g., Collection, MRO,

Laboratory).

For convenience to the public, a form

has been developed to simplify

registration for these meetings. A copy

may be obtained from TSI or from the

DOT Fax-On-Demand system, by calling

(800) 225–3784 and requesting

document number 140; the registration

form will be faxed to the requestor. Use

of the form will expedite the process of

registration and provide quicker

notification to attendees.

Please note that attendees at the

Washington, DC meeting will have to

make arrangements for hotels and other

lodging facilities on their own, since the

meeting is being held in a Federal

building. Names, addresses, and

telephone numbers of local hotels can

be obtained from TSI and will be

included in the registration packet. The

hotels in Los Angeles and Dallas have

blocked out rooms for attendees at

group rates. These will be available on

a first-come basis. Room reservations

must be made by the attendees directly

with the hotel. Group rates will be

available until March 6, 2000, at the Los

Angeles and Dallas hotels, after which,

they may revert to normal rates.

D. Written Statements

Individuals, whether speaking in a

personal or a representative capacity on

behalf of an organization, will be

limited to a 4-minute statement. The

Department will try to accommodate all

individuals wishing to present

statements at these meetings. If the

available time does not permit this,

individuals will be scheduled based on

the date their registration is received by

TSI. However, the Department reserves

the right to exclude some individuals

from speaking to avoid duplication or if

it is necessary to present a balance of

viewpoints and issues.

Individuals wishing to make

statements are requested to submit three

copies of their comments to be received

by TSI no later than February 28, 2000;

statements received after that date may

not be selected. These should be typed

for clarity, include the commenters

name, address, phone number, and

which agency or group you represent.

These will be placed into the docket

following the meetings and will be

available to the public for review. The

Department will not be recording the

statements read at the meetings.

However, the Department plans to

record the two scheduled question and

answer sessions and any questions

asked by the panel of the commenters or

the attendees and their answers.

E. Tentative Agenda

The following is a draft agenda and

may be modified based on commenters

input and type of statements submitted.

There will be a question and answer

session after the morning session and

again after the afternoon session.

Questions should be submitted at the

meeting site on 3 x 5 cards at the time

of registration for the morning sessions

and at the registration desk following

lunch, for the afternoon sessions. Please

note that the Washington, DC meeting

will be scheduled for one and a half

days, will start at 9 a.m. both days, and

will end at 5 p.m. on the first day and

1 p.m. on the second day. Also, there

will be no registration on the previous

evening; registration will begin at 7:30

a.m. on the day of the meeting. The

Washington, DC meeting agenda will be

similar to the one day agenda, with

additional time for statements and

question and answer sessions.

Tentative Agenda for Los Angeles, CA

and Dallas, TX Meetings

Previous evening: Registration 6 p.m.–8

p.m.

7–7:45 Registration

8–8:15 Opening remarks—

administrative announcements

8:15–9 presentation

9–9:45 Collection Issues

9:45–10:15 Break

10:15–11:15 Labor/Management/

Employee Issues

11:15–12 Alcohol Testing Issues

12–12:30 Questions and Answers

12:30–2 LUNCH

2–2:45 Medical Review Officer (MRO)

Issues

2:45–3:30 Substance Abuse

Professional (SAP) Issues

3:30–4 Break

4–4:45 Service Agents/Public Interest

Exclusion Issues

4:45–5:30 Laboratory Issues

5:30–6:30 Questions and Answers;

General Comments and Wrap Up

These meetings are intended to solicit

additional information and public views

on the NPRM.

Issued this 11th Day of January, 2000, at

Washington, DC.

Mary Bernstein,

Director, Office of Drug and Alcohol, Policy

and Compliance, Department of

Transportation.

[FR Doc. 00–1004 Filed 1–14–00; 8:45 am]

BILLING CODE 4910–62–U