### 38422 Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Rules and Regulations

imposed on rulemaking do not, therefore, apply to this action. IX. Submission to Congress and the Comptroller General

The Congressional Review Act, (5 U.S.C. 801 et seq. ), as added by the Small Business Regulatory Enforcement Fairness Act of 1996, does not apply because this action is not a rule for purposes of 5 U.S.C. 804(3).

X. References

1. Washington Toxics Coalition Comments to Carbaryl IRED and petition to cancel registrations. January 10, 2005.

2. National Resources Defense Council (NRDC) Comments to Carbaryl IRED and petition to cancel registrations. January 10, 2005.

3. U.S. EPA. Office of Pesticide Programs. 2003. Interim Reregistration Eligibility Decision for Carbaryl. June 30, 2003.

4. U.S. EPA. Office of Pesticide Programs. 2004. Amended Interim Reregistration Eligibility Decision for Carbaryl. October 22, 2004.

5. U.S. EPA. Office of Pesticide Programs. 2005. Letter to Peg Cherney, Bayer CropScience, Final Cancellation Order for Carbaryl Liquid Broadcast Application to Lawns/Turf; EPA Registration Numbers 264–324, 264– 325, and 264–328. March 9, 2005.

6. U.S. EPA Office of Pesticide Programs. 2007. Revised N-methyl Carbamate Cumulative Risk Assessment. September 24, 2007. Docket EPA–HQ– OPP–2007–0935–0003.

7. U.S. EPA. Office of Pesticide Programs. Reregistration Eligibility Decision (RED) for Carbaryl. September 24, 2007.

8. U.S. EPA. Office of Pesticide Programs. 2008. Amended Reregistration Eligibility Decision (RED) for Carbaryl. Revised August 24, 2008.

9. U.S. EPA. Office of Pesticide Programs. 2008. Letter to Jennifer Sass, Natural Resources Defense Council, Re: NRDC’s comments on the Carbaryl IRED and petition to cancel registrations dated January 10, 2005 as well as petition to cancel carbaryl registrations dated November 26, 2007 and submittedas part of NRDC’s comments to Nmethyl carbamate cumulative. September 30, 2008.

10. U.S. EPA. Office of Pesticide Programs. Carbaryl: Order Denying NRDC’s Petition to Revoke Tolerances. September 20, 2008. Docket EPA–HQ– OPP–2007–0941–0031. List of Subjects in 40 CFR Part 180

Environmental protection, Carbaryl, Pesticides and pests. Dated: June 18, 2010. Steven Bradbury, Director, Office of Pesticide Programs.
[FR Doc. 2010–15751 Filed 7–1–2010; 8:45 am]

**BILLING CODE 6560–50–S**

**DEPARTMENT OF TRANSPORTATION**

**Office of the Secretary**

**49 CFR Part 40**

**[Docket OST–2008–0088]**

**RIN OST 2105–AD84**

**Procedures for Transportation Workplace Drug and Alcohol Testing**  **Programs**

**AGENCY :**  Office of the Secretary, DOT.

**ACTION :**  Final rule.

**SUMMARY :**  The Department of Transportation published a final rule authorizing the use of an updated Alcohol Testing Form with a mandatory start date of August 1, 2010. The Department subsequently learned the industry might not use all the forms by that mandatory use date. To avoid wasting the forms, the Department is extending the mandatory use date to January 1, 2011.

**DATES :**  This rule is effective July 2,
2010.

**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] updating the Alcohol Testing Form (ATF). The Department anticipated that employers and alcohol testing technicians could have a 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 to avoid wasting already printed forms, on May 11, 2010, the Department published a notice of proposed rulemaking [75 FR 26183] to propose to extend the implementation date to January 1, 2011.

Discussion of Comments to the Docket

There were fifteen commenters, including alcohol testing device manufacturers and suppliers, third party administrators, a medical facility, individuals and a trade association. The commenters unanimously agreed to extend the mandatory use date to January 1, 2011, citing that the extra time to use the old form will enable them to reduce their inventory of alcohol testing forms and give them the necessary time to design, print and distribute the new form. The commenters also appreciated the Department’s sensitivity to minimizing the unnecessary waste of paper and expense that would have been caused by throwing away forms that could no longer be used. One commenter suggested for the Department to permit the use of the old ATF past the proposed mandatory use date of January 1, 2011. Two commenters asked for guidance on what would happen if an old ATF was used past the January 1, 2011 mandatory use date.

The Department agrees with the commenters that extending the mandatory use date from August 1, 2010 to January 1, 2011 will enable regulated employers and their service agents to reduce their inventory of old alcohol testing forms and give them sufficient time to design, print, and distribute the new ATF. As such, the final rule will reflect this new date. Regarding the use of the old ATF past the January 1, 2011 date, the Department expects that the ten month transition period from using the old ATF to the new ATF will be sufficient time for employers and TPAs to ensure the breath alcohol technicians (BATs) that service them are aware of the new form and have the new form for use by the January 1, 2011 date. The Department does not see the need to make a provision for use of the old ATF past the January 1, 2011. 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


### 38423 Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Rules and Regulations

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 June 25, 2010, at Washington DC. Jim L. Swart,

Director.

■ For reasons discussed in the preamble, the Department of Transportation is amending 49 CFR part 40, Code of Federal Regulations, as follows:

**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 amended by removing the text ‘‘August 1, 2010’’ and adding in its place ‘‘January 1,
2011. ’’

[FR Doc. 2010–16159 Filed 7–1–10; 8:45 am]

**BILLING CODE 4910–9X–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Motor Carrier Safety Administration** 

**49 CFR Part 387**

**[Docket No. FMCSA–2006–26262]**

**RIN 2126–AB05**

**Minimum Levels of Financial Responsibility for Motor Carriers** 

**AGENCY :**  Federal Motor Carrier Safety Administration (FMCSA), DOT.

**ACTION :**  Final rule. **SUMMARY :**  The FMCSA amends its regulations concerning minimum levels of financial responsibility for motor carriers to allow Canada-domiciled motor carriers and freight forwarders to maintain, as acceptable evidence of financial responsibility, insurance policies issued by Canadian insurance companies legally authorized to issue such policies in the Canadian Province or Territory where the motor carrier or freight forwarder has its principal place of business. This final rule does not change the required minimum levels of financial liability coverage that all motor carriers and freight forwarders must maintain under the existing regulations. This final rule responds to a petition for rulemaking filed by the Government of Canada.

**DATES :**  Effective Date: The effective date of the amendments made by this final rule is August 2, 2010.

**ADDRESSES :**  Internet users may download and print this final rule from today’s edition of the Federal Register’s online system at: http:// www.gpoaccess.gov/fr/index.html. You may access this final rule and all related documents and material from the Federal eRulemaking Portal through the Federal Docket Management System (FDMS) at http://www.regulations.gov, by searching Docket ID number FMCSA–2006–26262. The FDMS is available 24 hours each day, 365 days each year. For persons who do not have access to the Internet, all documents in the docket may be examined, and/or copied for a fee, at the U.S. Department of Transportation’s Dockets Room, 1200 New Jersey Avenue, SE., on the ground floor in Room W12–140, Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.

**FOR FURTHER INFORMATION CONTACT :**  Ms. Dorothea Grymes, Commercial Enforcement Division (MC–ECC), Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590, or telephone (202) 385–2400.

**SUPPLEMENTARY INFORMATION :**  Acronyms and Abbreviated References

ANPRM—Advance Notice of Proposed

Rulemaking ATA—American Trucking Associations, Inc AIA—American Insurance Association Canada—Government of Canada CCIR—Canadian Council of Insurance

Regulators CFR—Code of Federal Regulations CMV—Commercial Motor Vehicle FMCSA—Federal Motor Carrier Safety

Administration FMCSRs—Federal Motor Carrier Safety

Regulations IBC—Insurance Bureau of Canada Leaders—President of the United States,

Prime Minister of Canada, and the President of Mexico L&I—Licensing and Insurance Database MCMIS—Motor Carrier Management

Information System NAFTA—North American Free Trade

Agreement NAIC—National Association of Insurance

Commissioners NIIC—National Interstate Insurance

Company NPRM—Notice of Proposed Rulemaking OSFI—Office of the Superintendent of

Financial Institutions PAU—Power of Attorney and Undertaking PACICC—Property and Casualty Insurance

Compensation Corporation PCI—Property Casualty Insurers Association

of America RIA—Regulatory Impact Analysis SPP—The Security and Prosperity

Partnership of North America

Table of Contents

I. Background

Legal Basis for the Rulemaking The Government of Canada (Canada)

Petition for Rulemaking The Security and Prosperity Partnership of

North America Advance Notice of Proposed Rulemaking

(ANPRM) Notice of Proposed Rulemaking (NPRM) II. Discussion of Comments Received on NPRM General Comments Specific Comments from PCI and IBC Specific Comments from the ATA ATA Comment 1 ATA Comment 2 ATA Comment 3 ATA Comment 4 Specific Comments from the National

Association of Insurance Commissioners (NAIC) III. Regulatory Analyses IV. The Final Rule I. Background Legal Basis for the Rulemaking

Section 30 of the Motor Carrier Act of 1980 (1980 Act) (Pub. L. 96–296, 94 Stat. 793, 820, July 1, 1980) authorized the Secretary of Transportation (Secretary) to prescribe regulations establishing minimum levels of financial responsibility covering public liability, property damage, and environmental restoration for the transportation of property for compensation by motor vehicles in interstate or foreign commerce. Section 30(c) of the 1980 Act provided that motor carrier financial responsibility may be established by evidence of one or a combination of the following if acceptable to the Secretary: (1) Insurance; (2) a guarantee; (3) a surety bond issued by a bonding company authorized to do business in the UnitedStates; and (4) qualification as a selfVerDate Mar<15>2010 15:09 Jul 01, 2010 Jkt 220001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\02JYR1.SGM 02JYR1erowe on DSK5CLS3C1PROD with RULES