34246 Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Notices

Business Administration, Disaster Area

3 Office, 4400 Amon Carter Blvd., Suite

102, Fort Worth, TX 76155.

In addition, applications for economic

injury loans from small businesses

located in the following contiguous

counties may be filed until the specified

date at the above location: Catron,

Colfax, Curry, Grant, Harding, Lea,

Luna, Quay, Roosevelt, and Valencia

Counties in New Mexico; Apache

County, Arizona; Archuleta, Conejos,

Costilla, La Plata, and Montezuma

Counties in Colorado; San Juan County,

Utah; and Culberson, El Paso, Hudspeth,

Loving, and Reeves Counties in Texas.

The interest rates are:

For Physical Damage

Homeowners With Credit Available

Elsewhere: 7.375%

Homeowners Without Credit Available

Elsewhere: 3.687%

Businesses With Credit Available

Elsewhere: 8.000%

Businesses and Non-Profit

Organizations Without Credit

Available Elsewhere: 4.000%

Others (Including Non-Profit

Organizations) With Credit Available

Elsewhere: 6.750%

For Economic Injury

Businesses and Small Agricultural

Cooperatives Without Credit

Available Elsewhere: 4.000%

The number assigned to this disaster

for physical damage is 325505. For

economic injury the numbers are

9H3800 for New Mexico, 9H3900 for

Arizona, 9H4000 for Colorado, 9H4100

for Utah, and 9H4200 for Texas.

(Catalog of Federal Domestic Assistance

Program Nos. 59002 and 59008)

Dated: May 18, 2000.

James E. Rivera,

Acting Associate Administrator for Disaster

Assistance.

[FR Doc. 00–13232 Filed 5–25–00; 8:45 am]

BILLING CODE 8025–01–P

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

Controlled Substances and Alcohol

Testing Management Information

System (MIS) Statistical Data

May 15, 2000.

AGENCY: Federal Motor Carrier Safety

Administration (FMCSA), DOT.

ACTION: Notice.

SUMMARY: The FMCSA is announcing

the motor carrier industry’s 1997 and

1998 controlled substances and alcohol

usage rates based on random testing.

The positive rate for controlled

substances was 1.3 percent in calendar

year 1997, and 1.5 percent in 1998. The

alcohol ‘‘violation’’ rate was 0.2 percent

in 1997, and 0.4 percent in 1998.

Because the alcohol ‘‘violation’’ rate has

remained below 0.5 percent for these

two years, the FMCSA is announcing

that it is maintaining the random

alcohol testing rate for calendar year

2000 at 10 percent, in accordance with

the provisions of the testing regulations.

This lowered rate continues the DOT

policy set in 1998 when data supported

the same policy decision. Because the

positive rate from controlled substances

testing has remained above 1.0 percent

during this same period, the FMCSA is

maintaining the random controlled

substances testing rate for calendar year

2000 at 50 percent, in accordance with

FMCSA regulations. This notice serves

to continue the existing policy and

provides that it is effective until further

notice.

FOR FURTHER INFORMATION CONTACT: For

enforcement questions: Mr. Kenneth

Rodgers, Office of Enforcement and

Compliance (HMCE–20), (202) 366–

4016; For substantive questions: Mr.

David M. Lehrman, Office of Policy,

Plans, and Regulations, (202) 366–0994;

For statistical questions: Mr. Richard

Gruberg, Office of Motor Carrier

Information Analysis (HIA–20), (202)

366–2959; For legal questions, Mr.

Michael Falk, Office of the Chief

Counsel, (HCC–20), (202) 366–1384,

Federal Highway Administration, 400

Seventh Street, SW., Washington, DC

20590.

SUPPLEMENTARY INFORMATION:

Electronic Access

An electronic copy of this document

may be downloaded using a modem and

suitable communications software from

the Government Printing Office’s

Electronic Bulletin Board Service at

(202) 512–1661. Internet users may

reach the Office of the Federal

Register’s home page at: http://

www.nara.gov/fedreg and the

Government Printing Office’s database

at: http://www.access.gpo.gov/nara.

Creation of New Agency

In October 1999, the Secretary of

Transportation rescinded the authority

previously delegated to the Federal

Highway Administrator to perform the

motor carrier functions and operations,

and to carry out the duties and powers

related to motor carrier safety, that are

statutorily vested in the Secretary. That

authority was redelegated to the

Director of the Office of Motor Carrier

Safety (OMCS), a new office within the

Department (see, 64 FR 56270, October

19, 1999, and 64 FR 58356, October 29,

1999). The OMCS had previously been

the FHWA’s Office of Motor Carriers

(OMC).

The Motor Carrier Safety

Improvement Act of 1999 established

the Federal Motor Carrier Safety

Administration as a new operating

administration within the Department of

Transportation, effective January 1, 2000

(Public Law 106–159, 113 Stat. 1748,

December 9, 1999). The Secretary

therefore rescinded the motor carrier

authority delegated to the Director of the

OMCS and redelegated it to the

Administrator of the FMCSA (65 FR

220, January 4, 2000).

The staff previously assigned to the

FHWA’s OMC, and then to the OMCS,

are now assigned to the FMCSA. The

motor carrier functions of the FHWA’s

Resource Centers and Division (i.e.,

State) Offices have been transferred

without change to the FMCSA Resource

Centers and FMCSA Division Offices,

respectively. For the time being, all

phone numbers and addresses are

unchanged. Similarly, rulemaking

activities begun under the auspices of

the FHWA and continued under the

OMCS will be completed by the

FMCSA.

Background

On December 23, 1993 (58 FR 68220),

the FHWA announced it would require

motor carriers subject to 49 CFR part

391, later replaced by part 382, to

implement and maintain specific

controlled substance testing data, and

submit an appropriate annual report

when requested. All motor carriers must

maintain this information. The FHWA

randomly selects a sample of motor

carriers annually and asks those

selected to submit their data.

On February 15, 1994 (59 FR 7484),

the FHWA promulgated new controlled

substances and alcohol testing rules in

49 CFR part 382. These rules combined

the controlled substances annual report

with a similar alcohol rule ‘‘violation’’

annual report. An alcohol rule violation

for purposes of the annual report are

alcohol concentrations of 0.04 or greater

and refusals to submit to alcohol testing.

On March 13, 1995, the FHWA

amended the rule to reduce the

information collection burden on all

respondents, including small entities

(60 FR 13369).

The current rule at § 382.403,

formerly at 49 CFR 391.87(h), is

essential for the accomplishment of the

following four goals:

1. Collect controlled substance and

alcohol testing statistical data.

Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Notices 34247

2. Use the data to analyze the

FMCSA’s current approach to deterring

and detecting illegal controlled

substance use and alcohol misuse in the

motor carrier industry.

3. Determine each calendar year’s

random selection rates for alcohol and

controlled substance testing under the

rule.

4. Provide for a more efficient and

effective regulatory program.

In 1995, the FHWA requested a

sample of motor carriers report to the

FHWA data collected in 1994. The

FHWA determined the random positive

controlled substance usage rate for

commercial motor vehicle (CMV)

drivers subject to 49 CFR part 391,

subpart H, for the period of January 1,

1994, through December 31, 1994, was

2.6 percent. This rate was estimated to

be 2.8% in 1995 and 2.2% in 1996.

Estimates of positive usage rates for

alcohol were first produced for calendar

year 1995. The alcohol testing

‘‘violation’’ rate was 0.14 percent in

1995, and 0.18 percent in 1996.

The criteria for raising or lowering the

random testing rate are established by

regulation. Under 49 CFR 382.305(d)(1),

when the minimum annual percentage

rate for random alcohol testing is 25

percent or more, the FMCSA

Administrator may lower the rate to 10

percent of all driver positions if the

Administrator determines that the data

received under the reporting

requirements of § 382.403 for two

consecutive years indicate that the

violation rate is less than 0.5 percent.

Under § 382.305(e)(1), when the

minimum annual percentage rate for

random alcohol testing is 10 percent,

the Administrator is required to increase

the rate to 25 percent only if the

violation rate is equal to or greater than

0.5 percent.

Under § 382.305(g), when the

minimum annual percentage rate for

random controlled substances testing is

50 percent, the Administrator may

lower the rate to 25 percent of all driver

positions only if the data indicate that

the positive testing rate is less than 1.0

percent.

Based upon this authority, and

because the violation rate was below 0.5

percent for two consecutive years, the

FHWA announced it was lowering the

random alcohol testing rate for calendar

year 1998 to 10 percent. The random

controlled substances testing rate

remained 50 percent. On January 14,

1998 (63 FR 2172) the agency published

this policy in a notice including an

extensive appendix C explaining the

methodology used to estimate the

controlled substances positive and

alcohol violation rates.

Today’s notice announces the results

of data collected for the 1997 and 1998

FHWA Drug and Alcohol Surveys.

These surveys, conducted annually,

measure the percentage of CDL drivers

testing positive for controlled

substances (as defined in 49 CFR 40.21

of the Federal Motor Carrier Safety

Regulations) and/or alcohol, based on

both random and nonrandom testing.

The survey data are collected from a

random sample of motor carrier annual

drug and alcohol testing summaries.

Because the positive rate from random

controlled substances testing has

remained above 1.0 percent during this

period, the FMCSA is maintaining the

random controlled substance testing rate

for calendar year 2000 at 50 percent, in

accordance with 49 CFR 382.305(g). The

FMCSA is also maintaining the random

alcohol testing rate for calendar year

2000 at 10 percent, in accordance with

49 CFR 382.305(e)(1).

Authority: 49 U.S.C 504, 31136, chapter

313; and 49 CFR 1.73.

Issued on: May 18, 2000.

Julie Anna Cirillo,

Acting Deputy Administrator, Federal Motor

Carrier Safety Administration.

[FR Doc. 00–13313 Filed 5–25–00; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket No. MARAD–2000–7403]

Information Collection Available for

Public Comments and

Recommendations

ACTION: Notice and request for

comments.

SUMMARY: In accordance with the

Paperwork Reduction Act of 1995 (44

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

announces the Maritime

Administration’s (MARAD’s) intentions

to request Office of Management and

Budget (OMB) approval to add a new

survey form to the currently approved

information collection titled ‘‘Customer

Service Surveys,’’ OMB Number 2133–

0528.

DATES: Comments should be submitted

on or before July 25, 2000.

FOR FURTHER INFORMATION CONTACT:

James J. Zok, Associate Administrator

for Shipping Analysis and Cargo

Preference, MAR–500, Room 8126, 400

Seventh Street, SW, Washington, D.C.

20590. Telephone 202–366–0364 or fax

202–366–7901. Copies of this collection

can also be obtained from that office.

SUPPLEMENTARY INFORMATION:

Title of Collection: Customer Service

Surveys.

Type of Request: Revision of a

currently approved information

collection.

OMB Control Number: 2133–0528.

Form Number: MA–1016; MA–1017;

MA–1021.

Expiration Date of Approval: Three

years from the date of approval.

Summary of Collection of

Information: Executive Order 12862

requires agencies to survey customers to

determine the kind and quality of

services they want and the level of their

satisfaction with existing services. This

collection covers MARAD forms used to

carry out such surveys covering

MARAD programs and services.

Need and Use of the Information: (1)

Responses to the ‘‘Customer Service

Questionnaire’’ are needed to obtain

prompt customer feedback on the

quality of specific services/products

provided to the customer by MARAD.

The information provided will be used

to ascertain the customer’s level of

satisfaction. (2) Responses to the

‘‘Program Performance Survey’’ are

needed to obtain customers’ views on

MARAD’s major programs and activities

with which the customers were

involved during the preceding year. (3)

Responses to the new ‘‘Conference/

Exhibit Survey’’ are needed to obtain

feedback from conference attendees on

the quality and success of a particular

MARAD sponsored conference or event.

The information provided will be used

by MARAD’s senior management and

MARAD’s program managers to monitor

the overall level of customer satisfaction

and to identify areas for improvement.

Description of Respondents:

Individuals/entities directly served by

MARAD.

Annual Responses: 6650 responses.

Annual Burden: 256 hours.

Comments: Comments should refer to

the docket number that appears at the

top of this document. Written comments

may be submitted to the Docket Clerk,

U.S. DOT Dockets, Room PL–401, 400

Seventh Street, SW, Washington, D.C.

20590. Comments may also be

submitted by electronic means via the

Internet at http://dmses.dot.gov/submit.

Specifically, address whether this

information collection is necessary for

proper performance of the function of

the agency and will have practical

utility, accuracy of the burden

estimates, ways to minimize this

burden, and ways to enhance quality,

utility, and clarity of the information to

be collected. All comments received

will be available for examination at the

above address between 10 a.m. and 5

p.m., EDT. Monday through Friday,