Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Proposed Rules 44929 

Accordingly, USDA proposes to 

amend Title 7 of the Code of Federal 

Regulations as follows: 

PART 1—ADMINISTRATIVE 

REGULATIONS 

1. The authority for part 1 continues 

to read as follows: 

Authority: 5 U.S.C. 301, unless otherwise 

noted. 

Subpart J—Procedures Relating to 

Awards Under the Equal Access to 

Justice Act in Proceedings Before the 

Department 

2. Amend § 1.186 by revising 

paragraph (b) to read as follows: 

§ 1.186 Allowable fees and expenses. 

* * * * * 

(b) In proceedings commenced on or 

after the effective date of this paragraph, 

no award for the fee of an attorney or 

agent under the rules in this subpart 

may exceed $150 per hour. No award to 

compensate an expert witness may 

exceed the highest rate at which the 

Department pays expert witnesses, 

which is set out at § 1.150 of this part. 

However, an award also may include 

the reasonable expenses of the attorney, 

agent, or witness as a separate item, if 

the attorney, agent, or witness ordinarily 

charges clients separately for such 

expenses. 

* * * * * 

3. Amend § 1.187 by revising 

paragraph (a) to read as follows: 

§ 1.187 Rulemaking on maximum rates for 

attorney fees. 

(a) If warranted by an increase in the 

cost of living or by special 

circumstances (such as limited 

availability of attorneys qualified to 

handle certain types of proceedings), the 

Department may adopt regulations 

providing that attorney fees may be 

awarded at a rate higher than $150 per 

hour in some or all of the types of 

proceedings covered by this part. The 

Department will conduct any 

rulemaking proceedings for this purpose 

under the informal rulemaking 

procedures of the Administrative 

Procedure Act. 

* * * * * 

Done at Washington, DC, July 13, 2010. 

Thomas J. Vilsack, 

Secretary of Agriculture. 

[FR Doc. 2010–18099 Filed 7–29–10; 8:45 am] 

BILLING CODE 3410–90–P 

DEPARTMENT OF ENERGY 

10 CFR Part 707 

[Docket No. HS–RM–10–WSAP] 

RIN 1992–AA41 

Request for Information Regarding 

Workplace Substance Abuse Programs 

for Department of Energy Contractors 

AGENCY: Office of Health, Safety and 

Security, Department of Energy. 

ACTION: Request for information. 

SUMMARY: The Department of Energy 

(DOE or the Department) requests 

information and comments on issues 

related to workplace substance abuse 

programs for its contractor employees. 

Specifically, the Department solicits 

comment and information on the 

addition of anabolic steroids and other 

drugs to its randomized drug testing 

program; the availability of analytical 

testing methods for anabolic steroids; 

whether alcohol and certain 

prescription and over-the-counter 

medications and/or supplements should 

be added to the substance abuse 

program; whether medical review 

officers should obtain and maintain 

certification; and other pertinent 

subjects. The information received in 

response to this request will assist DOE 

in determining the appropriate course of 

action in developing an amendment to 

the current substance abuse program for 

its contractor and subcontractor 

employees. 

DATES: All comments on this issue 

presented in this document must be 

received by the Department by October 

28, 2010. 

ADDRESSES: Comments in response to 

this document may be submitted by 

hardcopy or electronically through email. Hardcopies (2 copies) sent by 

regular mailing should be addressed to: 

Jacqueline D. Rogers, Office of Health, 

Safety and Security, Office of Worker 

Safety and Health Policy, Docket No. 

HS–RM–10–WSAP, 1000 Independence 

Avenue, SW., Washington, DC 20585. 

Electronic submissions may be sent to 

jackie.rogers@hq.doe.gov. If you have 

additional information, such as studies 

or journal articles, and cannot attach 

them to your electronic submission, 

please send 2 copies to the address 

above. The additional material must 

clearly identify your electronic 

comments by name, date, subject, and 

Docket No. HS–RM–10–WSAP. 

FOR FURTHER INFORMATION CONTACT: 

Jacqueline D. Rogers, U.S. Department 

of Energy, Office of Health, Safety and 

Security, Office of Worker Safety and 

Health Policy, 1000 Independence 

Avenue, SW., Washington, DC 20585, 

202–586–4714, or 

jackie.rogers@hq.doe.gov. 

Electronic copies of this Federal 

Register notice, as well as other relevant 

DOE documents concerning this issue, 

will be available on a Web page at: 

http://www.hss.energy.gov/healthsafety/ 

WSHP/rule851/rule707.html. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Pursuant to DOE’s statutory 

authorities, including the Atomic 

Energy Act of 1954, as amended, and 

the Drug-Free Workplace Act of 1988, 

DOE promulgated a rule on July 22, 

1992, on DOE contractor workplace 

substance abuse programs (57 FR 

32652). The rule established minimum 

requirements for DOE contractors and 

subcontractors performing work at DOE 

sites to use in developing and 

implementing programs that deal with 

the use of illegal drugs by their 

employees. The minimum requirements 

address: (1) Prohibition on the use, 

possession, sale, distribution, or 

manufacture of illegal drugs; (2) 

education and training; (3) testing of 

certain employees in sensitive positions; 

(4) employee assistance; (5) removal, 

discipline, treatment, and rehabilitation 

of employees; and (6) notification to 

DOE. The rule provides for drug testing 

of contractor employees in, and 

applicants for, testing designated 

positions (TDP) at sites owned or 

controlled by DOE and operated under 

the authority of the Atomic Energy Act 

of 1954, as amended. The Department 

determined that possible risks of harm 

to the environment and to public health, 

safety, and national security justified 

the imposition of a uniform rule 

establishing a baseline workplace 

substance abuse program, including 

drug testing. 

Currently, the Department is 

considering more stringent requirements 

in various areas of the workplace 

substance abuse programs for its 

contactor. The Department urges those 

individuals interested in this issue to 

provide responses to the questions 

provided in this document. 

II. Questions for Comment 

The Department is especially 

interested in answers supported by 

evidence and rationale whenever 

possible to the questions below. When 

providing a response, please key your 

response to the number of the question. 

1. Currently, DOE contractors and 

subcontractors performing work on DOE 

sites conduct randomized drug testing 

for the following drugs or classes of 


srobinson on DSKHWCL6B1PROD with PROPOSALS
44930 Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Proposed Rules 

drugs: Marijuana, cocaine, opiates, 

phencyclidine, and amphetamines. This 

testing is performed in conformance 

with the Department of Health and 

Human Services’ Mandatory Guidelines 

for Federal Workplace Drug Testing 

Programs. Should the Department’s 

contractor programs consider expanding 

randomized drug testing to include 

anabolic steroids, synthetic opiates, 

newer amphetamines, and other new 

prescription drugs, among others, to this 

list of drugs it routinely test for? If so, 

please specify what drugs should be 

added and why and provide evidence to 

support this addition. 

2. Are there prescription and/or legal 

over-the-counter medications or 

supplements that provide false positives 

for anabolic steroids? If so, should use 

of these medications or supplements by 

employees of DOE contractors or 

subcontractors performing work at DOE 

sites be prohibited and tested for? If so, 

please identify these medications or 

supplements, explain the reasons for 

your answer, and provide evidence to 

support them. 

3. Are there products available for 

sale in the United States or by import to 

the United States that mask prohibited 

drug use or anabolic steroid use? If so, 

what are these products and should 

their use by DOE contractor or 

subcontractor employees performing 

work at DOE sites be prohibited? Are 

there reliable and economically feasible 

means by which to test for these 

products? Please explain each of your 

answers and provide evidence to 

support your answers. 

4. When conducting reasonable 

suspicion or occurrence testing, DOE 

contractors may test for any drug listed 

in Schedules I or II of the Controlled 

Substance Act. Should DOE consider 

expanding this requirement to include 

any drug listed in Schedules I through 

V of the Controlled Substance Act? If so, 

please explain why these drugs should 

be added and provide evidence to 

support these additions. 

5. Are there reliable (i.e., adequately 

sensitive and specific) analytical testing 

methods and/or procedures currently 

available for anabolic steroids? If so, 

please describe those methods, their 

reliability, and provide evidence to 

support your answer. 

6. Compared to the types of drugs and 

classes of drugs currently being tested 

for, is it economically feasible (i.e., cost 

effective) at this time to test for anabolic 

steroids? Please provide evidence to 

support your answer. 

7. What is the cost per test for 

anabolic steroids? What other costs are 

associated with testing for anabolic 

steroids? Please describe the testing 

method(s) for which you provide cost 

information and provide evidence to 

support your answers. 

8. Currently, DOE contractors’ 

substance abuse programs do not 

include policies, procedures, and/or 

protocols for controlling the use of 

alcohol while performing work at a DOE 

site. The use of alcohol, even in small 

amounts, can impair judgment and 

affect the ability to perform critical 

duties. Should the Department consider 

adding the use of alcohol to its 

contractors’ workplace substance abuse 

program for its contractors? If so, why, 

what means of measurement of 

consumed alcohol should be used, and 

what measure of consumed alcohol 

should be prohibited at DOE sites? 

Please provide evidence to support your 

answers. 

9. Are there any Federal Agencies 

with policies and procedures for 

controlling the use of alcohol affecting 

the workplace? If so, which Agency, and 

should DOE consider adopting its 

protocols and procedures for the use of 

alcohol in the workplace? Please 

provide evidence to support your 

answers. 

10. The use of alcohol, even in small 

amounts, can impair judgment and 

affect the ability to perform critical 

duties. If an individual in a critical or 

sensitive position at a DOE site 

consumes alcohol while off duty, how 

long should that individual be required 

to abstain from alcohol use prior to 

reporting for duty? Please explain the 

reasons for your answer and provide 

evidence to support your answer. 

11. Should the Department consider 

requiring its medical review officers to 

obtain and maintain medical review 

officer certification? If so, how often 

should certification occur? Please 

provide evidence to support your 

answers. 

Issued in Washington, DC, on July 21, 

2010. 

Glenn S. Podonsky, 

Chief Health, Safety and Security Officer, 

Office of Health, Safety and Security. 

[FR Doc. 2010–18740 Filed 7–29–10; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 131 

[EPA–HQ–OW–2010–0606; FRL–9182–1] 

Stakeholder Input; Revisions to Water 

Quality Standards Regulation 

AGENCY: Environmental Protection 

Agency. 

ACTION: Listening sessions. 

SUMMARY: The Environmental Protection 

Agency (EPA) is announcing its plans to 

initiate national rulemaking to make a 

limited set of targeted changes to EPA’s 

water quality standards regulation. EPA 

expects to publish such proposed rule 

changes in the Federal Register in 

Summer 2011. EPA’s intent is to 

improve the regulation’s effectiveness in 

helping to restore and maintain the 

chemical, physical, and biological 

integrity of the Nation’s waters. The 

purpose of this notice is to announce 

EPA’s intent to hold two informal 

public ‘‘listening sessions’’ in August 

2010. The sessions will allow EPA to 

inform the public about the rulemaking, 

and will offer an opportunity for the 

public to express views on the general 

direction of the rulemaking, including 

the six specific elements of the 

rulemaking. 

DATES: The two public listening sessions 

will be held as audio teleconferences on 

August 24 and 26, 2010, from 1 to 2:30 

p.m. EDT. 

FOR FURTHER INFORMATION CONTACT: 

Thomas J. Gardner, EPA Headquarters, 

Office of Water, Office of Science and 

Technology, at 202–566–0386 or e-mail: 

gardner.thomas@epa.gov. 

In order to provide an adequate 

number of telephone lines for those 

wishing to attend EPA’s sessions, 

interested individuals should register in 

advance following instructions on the 

Internet at http://www.epa.gov/ 

waterscience/standards/rules/wqs. 

Although you may register at any time 

prior to the session of your choice, EPA 

prefers that you register at least three 

days in advance. 

The agenda and resource materials 

will be identical for the two sessions. 

You do not need to attend both sessions. 

If you do not have Internet access, 

please contact the person named in the 

FOR FURTHER INFORMATION CONTACT

section above. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Public Listening Sessions 

EPA will hold two informal public 

listening sessions via audio 

teleconference in August 2010 to inform 

the public about the rulemaking, and to 

hear views from the public regarding 

possible changes to EPA’s water quality 

standards regulation at 40 CFR part 131 

that are under consideration. The 

sessions will provide a review of EPA’s 

current water quality standards 

regulation and a summary of the 

clarifications that EPA is considering. 

Clarifying questions and brief oral 


srobinson on DSKHWCL6B1PROD with PROPOSALS