Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Notices 24535

substances and alcohol are 1 percent

and 0.8 percent, respectively, these rates

are indications that its workplace is not

presently drug-free and that random

testing still serves a very necessary

purpose. Based on the information

submitted by PacifiCorp, the company

appears to employ an annual average of

1,600 drivers, which means the

company is required to conduct at least

800 random controlled substances tests,

and 160 random alcohol tests during

each calendar year. A positive testing

rate of 1 percent for controlled

substances means that out of the 800

random tests conducted, eight

individuals were found to have violated

the prohibition on the use of controlled

substances. A positive testing rate of 0.8

percent for alcohol means that out of the

160 random tests conducted, two

individuals were found, at a minimum,

to have violated the prohibition against

reporting for duty or remaining on-duty

requiring the performance of safetysensitive functions while having an

alcohol concentration of 0.04 or greater

(49 CFR 382.201). These two

individuals may also have violated the

prohibitions against using alcohol while

performing safety-sensitive functions

(49 CFR 382.205), and using alcohol

within four hours of performing safetysensitive functions (49 CFR 382.207).

It is clear that some of PacifiCorp’s

drivers were not deterred from using

controlled substances, and misusing

alcohol. It is therefore unreasonable to

conclude that exempting the company

from random controlled substances and

alcohol testing would provide a more

effective deterrent for the company’s

workforce. Even if the effect of ending

random testing were nil, which is

unlikely, the projection into the future

of PacifiCorp’s current positive test rates

means that at least 80 of its drivers

would operate CMVs on the public

highways in the next decade with

controlled substances, and another 20

with substantial amounts of alcohol, in

their bodies. This is not reassuring.

Furthermore, PacifiCorp did not

indicate whether drivers who tested

positive were terminated, or returned to

duty. If they returned to duty, what was

their subsequent record of compliance?

The agency believes this information is

relevant.

Discontinuing random controlled

substances and alcohol testing would

send a message that as long as CMV

drivers are not involved in serious

accidents and do nothing that would

prompt an employer to conduct a

reasonable suspicion test, there is no

real obstacle to recreational use of

controlled substances or the abuse of

alcohol.

Although the current post-accident

and reasonable suspicion testing

requirements would have remained in

effect if PacifiCorp’s request were

granted, the FMCSA does not consider

them effective deterrents without the

complementary random testing

requirement. In the case of post-accident

testing, the damage has already been

done before a test is conducted. For

reasonable suspicion testing, indicators

that the driver may have a problem have

already become apparent to a trained

observer. Random testing however,

provides a means to detect driver

problems in the absence of an accident

or reasonable-suspicion indicators. An

effective controlled substances and

alcohol program must have all three of

these elements to deter the prohibited

conduct, and, if deterrence fails, to

detect such conduct by drivers. Even

with all three of these elements, some

drivers engage in prohibited conduct, as

evidenced by PacifiCorp’s own data. It

is extremely unlikely that discontinuing

the random testing portion of the

program would have allowed PacifiCorp

to achieve the same level of safety

currently achieved through a program

that includes all the required elements.

Authority: 49 U.S.C. 31136 and 31315; and

49 CFR 1.73.

Issued on: April 14, 2000.

Julie Anna Cirillo,

Acting Deputy Administrator.

[FR Doc. 00–10399 Filed 4–25–00; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF TRANSPORTATION

Maritime Administration

Reports, Forms and Recordkeeping

Requirements; Agency Information

Collection Activity Under OMB Review

AGENCY: Maritime Administration, DOT.

ACTION: Notice and request for

comments.

SUMMARY: In compliance with the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq., this notice

announces that the information

collection abstracted below has been

forwarded to the Office of Management

and Budget (OMB) for review and

comment. Described below is the nature

of the information collection and its

expected burden. The Federal Register

notice with a 60-day comment period

soliciting comments on the following

collection was published on February 7,

2000 [65 FR 5928]. No comments were

received.

DATES: Comments must be submitted on

or before May 26, 2000.

ADDRESSES: Send comments to the

Office of Information and Regulatory

Affairs, Office of Management and

Budget, 725–17th Street, NW,

Washington, DC 20503, Attention

MARAD Desk Officer.

Comments are Invited on: Whether

the proposed collection of information

is necessary for the proper performance

of the functions of the Department,

including whether the information will

have practical utility; the accuracy of

the Department’s estimate of the burden

of the proposed information collection;

ways to enhance the quality, utility and

clarity of the information to be

collected; and ways to minimize the

burden of the collection of information

on respondents, including the use of

automated collection techniques or

other forms of information technology.

A comment to OMB is best assured of

having its full effect if OMB receives it

within 30 days of publication.

FOR FURTHER INFORMATION CONTACT: Otto

A. Strassburg, Chief, Division of Marine

Insurance, Office of Insurance and

Shipping Analysis, Maritime

Administration, 400 Seventh Street, SW,

Room 8117, Washington, DC 20590,

telephone number 202–366–4161.

Copies of this collection can also be

obtained from that office.

SUPPLEMENTARY INFORMATION:

Maritime Administration

Title of Collection: ‘‘Seamen’s Claims;

Administrative Action and Litigation’’.

OMB Control Number: 2133–0522.

Type of Request: Approval of an

existing information collection.

Affected Public: Officers or members

of a crew who suffered death, injury, or

illness while employed on vessels as

employees of the United States through

the National Shipping Authority,

Maritime Administration, or successor.

Also included are surviving dependents,

beneficiaries, and or/legal

representatives of officers or crew

members.

Form(s): None.

Abstract: The collection consists of

information obtained from claimants for

death, injury or illness suffered while

serving as officers or members of a crew

employed on vessels as employees of

the United States through the National

Shipping Authority, Maritime

Administration (MARAD), or successor.

The information will be evaluated by

MARAD officials to determine if the

claim is fair and reasonable. If the claim

is allowed, it is settled, a release is

obtained from the claimant verifying

consummation of the settlement, and

payment is made to the claimant.

24536 Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Notices

Annual Estimated Burden Hours:

3,125 hours.

Dated: April 21, 2000.

Joel C. Richard,

Secretary, Maritime Administration.

[FR Doc. 00–10395 Filed 4–25–00; 8:45 am]

BILLING CODE 4910–81–P

DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD–2000–7272]

Requested Administrative Waiver of

the Coastwise Trade Laws

AGENCY: Maritime Administration,

Department of Transportation.

ACTION: Invitation for public comments

on a requested administrative waiver of

the Coastwise Trade Laws for the vessel

Lady in Red.

SUMMARY: As authorized by Public Law

105–383, the Secretary of

Transportation, as represented by the

Maritime Administration (MARAD), is

authorized to grant waivers of the U.S.-

build requirement of the coastwise laws

under certain circumstances. A request

for such a waiver has been received by

MARAD. The vessel, and a description

of the proposed service, is listed below.

Interested parties may comment on the

effect this action may have on U.S.

vessel builders or businesses in the U.S.

that use U.S.-flag vessels. If MARAD

determines that in accordance with

Pub.L. 105–383 and MARAD’s

regulations at 46 CFR part 388 (65 FR

6905; February 11, 2000) that the

issuance of the waiver will have an

unduly adverse effect on a U.S.-vessel

builder or a business that uses U.S.-flag

vessels, a waiver will not be granted.

DATES: Submit comments on or before

May 26, 2000.

ADDRESSES: Comments should refer to

docket number MARAD–2000–7272.

Written comments may be submitted by

hand or by mail to the Docket Clerk,

U.S. DOT Dockets, Room PL–401,

Department of Transportation, 400 7th

St., SW, Washington, DC 20590–0001.

You may also send comments

electronically via the Internet at http://

dmses.dot.gov/submit/. All comments

will become part of this docket and will

be available for inspection and copying

at the above address between 10 a.m.

and 5 p.m., E.T., Monday through

Friday, except federal holidays. An

electronic version of this document and

all documents entered into this docket

is available on the World Wide Web at

http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT:

Michael Hokana, U.S. Department of

Transportation, Maritime

Administration, MAR 832 Room 7201,

400 Seventh Street, SW, Washington,

DC 20590. Telephone 202–366–0760.

SUPPLEMENTARY INFORMATION: Title V of

Pub. L. 105–383 provides authority to

the Secretary of Transportation to

administratively waive the U.S.-build

requirements of the Jones Act, and other

statutes, for small commercial passenger

vessels (less than 12 passengers). This

authority has been delegated to the

Maritime Administration per 49 CFR

1.66, Delegations to the Maritime

Administrator, as amended. By this

notice, MARAD is publishing

information on a vessel for which a

request for a U.S.-build waiver has been

received, and for which MARAD

requests comments from interested

parties. Comments should refer to the

docket number of this notice and the

vessel name in order for MARAD to

properly consider the comments.

Comments should also state the

commenter’s interest in the waiver

application, and address the waiver

criteria given in § 388.4 of MARAD’S

regulations at 46 CFR part 388.

Vessel Proposed for Waiver of the U.S.-

Build Requirement

(1) Name of vessel and owner for

which waiver is requested: Name of

vessel: LADY IN RED Owner: Robert &

Carol Blodgett.

(2) Size, capacity and tonnage of

vessel: According to the Applicant ‘‘43′

LOA, 23.6′ Beam, 3.5′ Draft.′′ Tonnage:′′

25.23 Gross Tons (46 U.S.C. 14502)’’

(3) Intended use for vessel, including

geographic region of intended operation

and trade. According to the applicant:

‘‘Custom, 3–5 day sailing & scuba diving

adventures. Gulf and Atlantic coast

waters of Florida.’’

(4) Date and place of construction and

(if applicable) rebuilding. Date of

construction: 1992, place of

construction: St. Francis Marine—

Durbin, South Africa.

(5) A statement on the impact this

waiver will have on other commercial

passenger vessel operators: According to

the applicant: ‘‘The impact on existing

operators offering the same type of

services will be negligible. The service

area will be located in the Gulf and

Atlantic, coastal waters of Florida. The

customized offering will center on the

sailing and diving experience aboard a

luxury, sailing catamaran. The package

will also include ecological discovery

and education in the NOAA controlled

waters of the Florida Keys, and be

limited to a maximum of 8 passengers.

The business operation will be located

at Marathon, Florida. But, will offer

points of departure out of any of the

major ports in the state of Florida. The

points of departure will be based on

customer preference. Currently,

Blackbeard Cruses has a similar offering,

but it is restricted to the Bahamas and

does not offer the Florida Keys as an

alternative. They are also limited to

monohull sailboats sailing out of Miami,

FL.’’

(6) A statement on the impact this

waiver will have on U.S. shipyards.

According to the applicant: ‘‘There will

be a positive impact on U.S. shipyards

due to the, added, annual income from

the maintenance on our fleet.’’

By Order of the Maritime Administrator.

Dated: April 21, 2000.

Joel C. Richard,

Secretary, Maritime Administration.

[FR Doc. 00–10396 Filed 4–25–00; 8:45 am]

BILLING CODE 4910–81–P

DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD–2000–7273]

Requested Administrative Waiver of

the Coastwise Trade Laws

AGENCY: Maritime Administration,

Department of Transportation.

ACTION: Invitation for public comments

on a requested administrative waiver of

the Coastwise Trade Laws for the vessel

MIMI.

SUMMARY: As authorized by Public Law

105–383, the Secretary of

Transportation, as represented by the

Maritime Administration (MARAD), is

authorized to grant waivers of the U.S.-

build requirement of the coastwise laws

under certain circumstances. A request

for such a waiver has been received by

MARAD. The vessel, and a description

of the proposed service, is listed below.

Interested parties may comment on the

effect this action may have on U.S.

vessel builders or businesses in the U.S.

that use U.S.-flag vessels. If MARAD

determines that in accordance with

Pub.L. 105–383 and MARAD’s

regulations at 46 CFR part 388 (65 FR

6905; February 11, 2000) that the

issuance of the waiver will have an

unduly adverse effect on a U.S.-vessel

builder or a business that uses U.S.-flag

vessels, a waiver will not be granted.

DATES: Submit comments on or before

May 26, 2000.

ADDRESSES: Comments should refer to

docket number MARAD–2000–7273.

Written comments may be submitted by

hand or by mail to the Docket Clerk,