14238 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices 

by the September 3, 2003 notice. 

FMCSA discontinued use of the 3-year 

driving experience and fulfilled the 

requirements of section 4129 while 

continuing to ensure that operation of 

CMVs by drivers with ITDM will 

achieve the requisite level of safety 

required of all exemptions granted 

under 49 U.S.C. 31136 (e). 

Section 4129(d) also directed FMCSA 

to ensure that drivers of CMVs with 

ITDM are not held to a higher standard 

than other drivers, with the exception of 

limited operating, monitoring and 

medical requirements that are deemed 

medically necessary. 

The FMCSA concluded that all of the 

operating, monitoring and medical 

requirements set out in the September 3, 

2003 notice, except as modified, were in 

compliance with section 4129(d). 

Therefore, all of the requirements set 

out in the September 3, 2003 notice, 

except as modified by the notice in the 

Federal Register on November 8, 2005 

(70 FR 67777), remain in effect. 

IV. Submitting Comments 

You may submit your comments and 

material online or by fax, mail, or hand 

delivery, but please use only one of 

these means. FMCSA recommends that 

you include your name and a mailing 

address, an email address, or a phone 

number in the body of your document 

so that FMCSA can contact you if there 

are questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov and in the 

search box insert the docket number 

FMCSA–2014–0314 and click the search 

button. When the new screen appears, 

click on the blue ‘‘Comment Now!’’ 

button on the right hand side of the 

page. On the new page, enter 

information required including the 

specific section of this document to 

which each comment applies, and 

provide a reason for each suggestion or 

recommendation. If you submit your 

comments by mail or hand delivery, 

submit them in an unbound format, no 

larger than 81⁄2 by 11 inches, suitable for 

copying and electronic filing. If you 

submit comments by mail and would 

like to know that they reached the 

facility, please enclose a stamped, selfaddressed postcard or envelope. 

We will consider all comments and 

material received during the comment 

period and may change this proposed 

rule based on your comments. FMCSA 

may issue a final rule at any time after 

the close of the comment period. 

V. Viewing Comments and Documents 

To view comments, as well as any 

documents mentioned in this preamble, 

To submit your comment online, go to 

http://www.regulations.gov and in the 

search box insert the docket number 

FMCSA–2014–0314 and click ‘‘Search.’’ 

Next, click ‘‘Open Docket Folder’’ and 

you will find all documents and 

comments related to the proposed 

rulemaking. 

Issued On: March 12, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–06175 Filed 3–17–15; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2015–0007–N–4] 

Agency Request for Emergency 

Processing of Collection of 

Information by the Office of 

Management and Budget 

AGENCY: Federal Railroad 

Administration (FRA), United States 

Department of Transportation (USDOT). 

ACTION: Notice. 

SUMMARY: FRA hereby gives notice that 

it is submitting the following 

Information Collection request (ICR) to 

the Office of Management and Budget 

(OMB) for Emergency processing under 

the Paperwork Reduction Act of 1995 

and its implementing regulations. FRA 

requests that OMB immediately 

authorize the collection of information 

identified below on March 18, 2015, for 

a period of 180 days. 

FOR FURTHER INFORMATION CONTACT: A 

copy of this individual ICR, with 

applicable supporting documentation, 

may be obtained by calling FRA’s 

Clearance Officers: Robert Brogan (tel. 

(202) 493–6292) or Kimberly Toone (tel. 

(202) 493–6132); these numbers are not 

toll-free), or by contacting Mr. Brogan 

via facsimile at (202) 493–6216 or Ms. 

Toone via facsimile at (202) 493–6497, 

or via email by contacting Mr. Brogan at 

Robert.Brogan@dot.gov; or by contacting 

Ms. Toone at Kim.Toone@dot.gov. 

Comments regarding these information 

collection requirements should be sent 

directly to the Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, 725 

Seventeenth Street NW., Washington, 

DC, 20503, Attention: FRA Desk Officer. 

Comments may also be sent via email to 

OMB at the following address: oira_

submissions@omb.eop.gov. 

Title: Railworthiness Directive Under 

49 CFR 180.509 for Railroad Tank Cars 

Equipped With Certain McKenzie Valve 

& Machining LLC Valves. 

Reporting Burden: 

Emergency order item No. Respondent universe Total annual 

responses 

Average 

time per 

response 

Total annual 

burden 

hours 

I. Identification of RR tank cars equipped with 

McKenzie valves & document providing reporting mark and number of each car so equipped 

and type of valve to FRA.

100 Tank Car Owners (15,000 affected tank cars).200 identifications/reports.2 hours ...... 400 hours. 

—Record of Inspection Date and Location and 

Results of Inspection.

100 Tank Car Owners (15,000 affected tank cars).200 records ................... 30 minutes 100 hours. 

Form Number(s): N/A. 

Respondent Universe: 100 Tank Car 

Owners. 

Frequency of Submission: One-time; 

on occasion. 

Total Responses: 400. 

Estimated Total Annual Burden: 500 

hours. 

Status: Emergency Review. 

Description: Recent FRA 

investigations identified several railroad 

tank cars transporting hazardous 

materials and leaking small quantities of 

product from the cars’ liquid lines. 

FRA’s investigation revealed that the 

liquid lines of the leaking tank cars were 

equipped with a certain type of 3 inch 

ball valve marketed and sold by 

McKenzie Valve & Machining LLC 

(McKenzie) (formerly McKenzie Valve & 

Machining Company), an affiliate 

company of Union Tank Car Company 

(UTLX). FRA further found certain 

closure plugs installed on the 3 inch 

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Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices 14239 

valves cause mechanical damage to the 

valves, which leads to the destruction of 

the valves’ seal integrity and that the 3 

inch valves, as well as similarlydesigned 1 inch and 2 inch valves 

provided by this manufacturer are not 

approved for use on tank cars. FRA is 

issuing this Railworthiness Directive 

(Directive) to all owners of tank cars 

used to transport hazardous materials 

within the United States to ensure they 

identify and appropriately remove and 

replace these valves with approved 

valves consistent with Federal 

regulations. 

As provided under 5 CFR 1320.13, 

Emergency Processing, DOT is 

requesting emergency processing for 

this new collection of information as 

specified in the Paperwork Reduction 

Act of 1995 and its implementing 

regulations. DOT cannot reasonably 

comply with normal clearance 

procedures because the use of normal 

clearance procedures is reasonably 

likely to disrupt the collection of 

information. Further, in light of recent 

tank car accidents/incidents carrying 

crude oil, FRA believes safety is an 

overriding issue. The Directive takes 

effect immediately upon issuance. FRA 

cannot wait the normal 90- to 180-day 

period for routine Office of Management 

and Budget (OMB) review and approval. 

Under the Directive, tank car owners 

must take immediate action to identify, 

inspect, and repair the valves. 

Therefore, FRA is requesting OMB 

approval of this collection of 

information upon publication of this 

Notice in the Federal Register. 

Upon OMB approval of its emergency 

clearance request, FRA will follow the 

normal clearance procedures for the 

information collection associated with 

this Railworthiness Directive. 

Pursuant to 44 U.S.C. 3507(a) and 5 

CFR 320.5(b), 1320.8(b)(3)(vi), FRA 

informs all interested parties that it may 

not conduct or sponsor, and a 

respondent is not required to respond 

to, a collection of information unless it 

displays a currently valid OMB control 

number. 

Authority: 44 U.S.C. 3501–3520. 

Rebecca Pennington, 

Chief Financial Officer. 

[FR Doc. 2015–06214 Filed 3–17–15; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Prevention of Alcohol Misuse and 

Prohibited Drug Use in Transit 

Operations 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of random drug and 

alcohol testing rates for 2015. 

SUMMARY: This notice announces the 

2015 random testing rates for employers 

subject to the Federal Transit 

Administration’s (FTA) drug and 

alcohol rules. 

DATES: Effective Date: January 1, 2015. 

FOR FURTHER INFORMATION CONTACT: Iyon 

Rosario, Drug and Alcohol Program 

Manager for the Office of Transit Safety 

and Oversight, 1200 New Jersey Avenue 

SE., Washington, DC 20590 (telephone: 

202–366–2010 or email: Iyon.Rosario@

dot.gov). 

SUPPLEMENTARY INFORMATION: On 

January 1, 1995, FTA required large 

transit employers to begin drug and 

alcohol testing employees performing 

safety-sensitive functions and submit 

annual reports by March 15 of each year 

beginning in 1996. The annual report 

includes the number of employees who 

had a verified positive for the use of 

prohibited drugs, and the number of 

employees who tested positive for the 

misuse of alcohol during the reported 

year. Small employers commenced their 

FTA-required testing on January 1, 

1996, and began reporting the same 

information as the large employers 

beginning March 15, 1997. The testing 

rules were updated on August 1, 2001, 

and established a random testing rate for 

prohibited drugs and the misuse of 

alcohol. 

The rules require employers conduct 

random drug tests at a rate equivalent to 

at least 50 percent of their total number 

of safety-sensitive employees for 

prohibited drug use and at least 25 

percent for the misuse of alcohol. 

However, the rules provide the drug 

random testing rate may be lowered to 

25 percent if the ‘‘positive rate’’ for the 

entire transit industry is less than one 

percent for two preceding consecutive 

years. Once lowered, the random rates 

may be raised to 50 percent if the 

positive rate equals or exceeds one 

percent for any one year (‘‘positive rate’’ 

means the number of positive results for 

random drug tests conducted under 49 

CFR 655.45 plus the number of refusals 

of random tests required by 49 CFR 

655.49, divided by the total number of 

random drug tests, plus the number of 

refusals of random tests required by 49 

CFR part 655). 

The alcohol provisions provide the 

random rate may be lowered to 10 

percent if the ‘‘violation rate’’ for the 

entire transit industry is less than 0.5 

percent for two consecutive years. It 

will remain at 25 percent if the 

‘‘violation rate’’ is equal to or greater 

than 0.5 percent but less than one 

percent, and it will be raised to 50 

percent if the ‘‘violation rate’’ is one 

percent or greater for any one year 

(‘‘violation rate’’ means the number of 

covered employees found during 

random tests administered under 49 

CFR 655.45 to have an alcohol 

concentration of 0.04 or greater, plus the 

number of employees who refuse a 

random test required by 49 CFR 655.49, 

divided by the total reported number of 

random alcohol tests plus the total 

number of refusals of random tests 

required by 49 CFR part 655). 

Pursuant to 49 CFR 655.45(b), the 

Acting Administrator’s decision to 

increase or decrease the minimum 

annual percentage rate for random drug 

and alcohol testing is based, in part, on 

the reported positive drug and alcohol 

violation rates for the entire industry. 

The information used for this 

determination is drawn from the drug 

and alcohol Management Information 

System (MIS) reports required by 49 

CFR part 655. In determining the 

reliability of the data, the Acting 

Administrator considers the quality and 

completeness of the reported data, or 

may obtain additional information or 

reports from employers, and make 

appropriate modifications in calculating 

the industry’s verified positive results 

and violation rates. 

The Acting Administrator has 

determined that the random drug testing 

rate will remain at 25 percent for 2015 

due to a ‘‘positive rate’’ lower than 1.0 

percent for random drug test data for the 

two preceding calendar years. The 

random drug rates for the two preceding 

years are 0.74 percent for 2013 and 0.87 

percent for 2014. 

The Acting Administrator also has 

determined that the random alcohol 

testing rate for 2015 will remain at 10 

percent because the random alcohol 

violation rate was again lower than 0.5 

percent for the two preceding 

consecutive years due. The random 

alcohol rates for the two preceding years 

are 0.12 percent for 2013 and 0.14 

percent for 2014. 

Detailed reports on the FTA drug and 

alcohol testing data collected from 

transit employers may be obtained from 

the FTA, Office of Transit Safety and 

Oversight, 1200 New Jersey Avenue SE., 

Washington, DC 20590, (202) 366–2010 

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