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 submitted 

as 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 


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

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 United 

States; 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 02JYR1

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