Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Proposed Rules 26183 

‘‘oversubscribed,’’ what methods and 

procedures are in place to handle these 

overloads and to rapidly apply network 

resources to where they are needed? 

What are the limits to these network 

management techniques? For example, 

is there a need for ways to prioritize 

broadband traffic during emergencies? 

Are some network segments or 

geographic areas more vulnerable than 

others? The Commission also seeks 

detailed data on past instances: When 

outbreaks of influenza have closed 

schools in a given area, what changes 

were observed in residential access 

network traffic, and how did these 

changes affect the networks? Should the 

FCC collect data on network usage 

during such events? 

As our broadband infrastructure 

continues to grow and mature, the 

Commission is committed to ensuring 

that it stands ready to support the 

myriad uses dreamed up by American 

innovators and enterprises. This Notice 

of Inquiry is a critical first step toward 

understanding survivability of our 

broadband communications networks to 

all types of failures and severe traffic 

overloads. The Commission looks 

forward to collaborating with 

consumers, businesses, and network 

operators to improve and secure our 

broadband infrastructure for the future. 

Accordingly, it is ordered that, 

pursuant to sections 1, 4(i), 4(j), 4(o) and 

7(b) of the Communications Act of 1934, 

47 U.S.C. 151, 154(i)–(j) & (o), and 

157(b) (2006), this Notice of Inquiry is 

adopted. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2010–11159 Filed 5–10–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 40 

[Docket OST–2008–0088] 

RIN OST 2105–AE01 

Procedures for Transportation 

Workplace Drug and Alcohol Testing 

Programs 

AGENCY: Office of the Secretary, DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of 

Transportation is proposing only to 

extend the date for the mandatory use 

of our recently updated Alcohol Testing 

Form (ATF) to January 1, 2011. The 

revised ATF went into effect on 

February 25, 2010 with a mandatory use 

date of August 1, 2010. After publishing 

the February 25 revisions, we learned 

that vendors and users of the ATF will 

not be able to deplete their current 

supply of ATFs by August 1, 2010. 

Therefore, in order to assist the 

transportation industries and their 

service agents in their efforts to be 

economically efficient and more 

environmentally ‘‘green,’’ we are seeking 

public comment to extend the 

mandatory use date to January 1, 2011. 

DATES: Comments to the notice of 

proposed rulemaking should be 

submitted by May 26, 2010. Late-filed 

comments will be considered to the 

extent practicable. 

ADDRESSES: To ensure that you do not 

duplicate your docket submissions, 

please submit them by only one of the 

following means: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Ave., SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001; 

• Hand Delivery: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Ave., SE., between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The telephone 

number is 202–366–9329. 

Instructions: You must include the 

agency name and docket number DOT– 

OST—or the Regulatory Identification 

Number (RIN) for the rulemaking at the 

beginning of your comments. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: For 

program issues, Bohdan Baczara, Office 

of Drug and Alcohol Policy and 

Compliance, 1200 New Jersey Avenue, 

SE., Washington, DC 20590; (202) 366– 

3784 (voice), (202) 366–3897 (fax), or 

bohdan.baczara@dot.gov (e-mail). 

SUPPLEMENTARY INFORMATION: 

Background and Purpose 

On February 25, 2010, the Department 

published a final rule [75 FR 8528] 

which updated the Alcohol Testing 

Form (ATF). The Department 

anticipated that employers and alcohol 

testing technicians may currently have a 

large supply of old ATFs and to avoid 

unnecessarily wasting these forms, the 

Department permitted the use of the old 

ATF until August 1, 2010. Employers 

were authorized to begin using the 

updated ATF immediately. 

Since the final rule was published, 

the Department became aware that some 

vendors of the ATF might not be able to 

deplete their current supply of the ATFs 

before the August 1, 2010 

implementation date. In light of this 

new information and so as not to have 

the industry waste forms, the 

Department is proposing to extend the 

implementation date to January 1, 2011. 

The Department seeks your comments 

only about this new implementation 

date. 

Regulatory Analyses and Notices 

The statutory authority for this 

proposed rule derives from the Omnibus 

Transportation Employee Testing Act of 

1991 (49 U.S.C. 102, 301, 322, 5331, 

20140, 31306, and 45101 et seq.) and the 

Department of Transportation Act (49 

U.S.C. 322). 

This proposed rule is a nonsignificant rule both for purposes of 

Executive Order 12886 and the 

Department of Transportation’s 

Regulatory Policies and Procedures. The 

Department certifies that it will not have 

a significant economic effect on a 

substantial number of small entities, for 

purposes of the Regulatory Flexibility 

Act. The Department makes these 

statements on the basis that by 

extending the implementation date of 

the new form, this rule will not impose 

any significant costs on anyone. The 

costs of the underlying Part 40 final rule 

were analyzed in connection with its 

issuance in December 2000. Therefore, 

it has not been necessary for the 

Department to conduct a regulatory 

evaluation or Regulatory Flexibility 

Analysis for this proposed rule. The 

alcohol testing form complies with the 

Paperwork Reduction Act. It has no 

Federalism impacts that would warrant 

a Federalism assessment. 

List of Subjects in 49 CFR Part 40 

Administrative practice and 

procedures, Alcohol abuse, Alcohol 

testing, Drug abuse, Drug testing, 

Laboratories, Reporting and 

recordkeeping requirements, Safety, 

Transportation. 

Issued April 28, 2010, at Washington DC. 

Jim L. Swart, 

Director. 

For reasons discussed in the 

preamble, the Department of 

Transportation proposes to amend 49 

CFR part 40, Code of Federal 

Regulations, as follows: 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
26184 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Proposed Rules 

PART 40—PROCEDURES FOR 

TRANSPORTATION WORKPLACE 

DRUG AND ALCOHOL TESTING 

PROGRAMS 

1. The authority citation for 49 CFR 

part 40 continues to read as follows: 

Authority: 49 U.S.C. 102, 301, 322, 5331, 

20140, 31306, and 45101 et seq. 

2. In Appendix G to Part 40—Alcohol 

Testing Form, the paragraph is being 

revised by removing the text ‘‘August 1, 

2010’’ and replacing it with ‘‘January 1, 

2011’’. 

[FR Doc. 2010–10488 Filed 5–10–10; 8:45 am] 

BILLING CODE 4910–9X–P 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1