Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations 59105 

1For purposes of following the requirements of 

49 CFR Part 40, ‘‘DOT, The Department, DOT 

Agency’’ is defined, at 40.3, to include the United 

States Coast Guard. 

dates of the clauses in paragraphs 

(b)(22) and (c)(2) to read ‘‘(SEP 2010)’’. 

■ 4. Section 252.247–7003 is revised to 

read as follows: 

252.247–7003 Pass-Through of Motor 

Carrier Fuel Surcharge Adjustment To The 

Cost Bearer. 

As prescribed in 247.207, use the 

following clause: 

PASS-THROUGH OF MOTOR 

CARRIER FUEL SURCHARGE 

ADJUSTMENT TO THE COST BEARER 

(SEP 2010) 

(a) This clause implements section 884 of 

the National Defense Authorization Act for 

Fiscal Year 2009 (Pub. L. 110–417). 

(b) Unless an exception is authorized by 

the Contracting Officer, the Contractor shall 

pass through any motor carrier fuel-related 

surcharge adjustments to the person, 

corporation, or entity that directly bears the 

cost of fuel for shipment(s) transported under 

this contract. 

(c) The Contractor shall insert the 

substance of this clause, including this 

paragraph (c), in all subcontracts with motor 

carriers, brokers, or freight forwarders. 

(End of clause) 

[FR Doc. 2010–23664 Filed 9–24–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 40 

[Docket DOT–OST–2010–0161] 

RIN 2105–AE03 

Procedures for Transportation 

Workplace Drug and Alcohol Testing 

Programs: Federal Drug Testing 

Custody and Control Form; Technical 

Amendment 

AGENCY: Office of the Secretary, DOT. 

ACTION: Interim Final rule. 

SUMMARY: The Department of Health and 

Human Services recently issued a new 

Federal Drug Testing Custody and 

Control Form for use in both the Federal 

employee and Department of 

Transportation drug testing programs. In 

order to accommodate the form’s use 

within our transportation industry 

program, the Department is making a 

few necessary regulation changes in 

order for collectors, laboratories, and 

Medical Review Officers to know how 

to use the new form. The form’s use is 

authorized beginning October 1, 2010. 

The Department is also making a 

technical amendment to its drug testing 

procedures. The purpose of the 

technical amendment is to add a 

provision of the rule which was 

inadvertently omitted from the final rule 

in August 2010. 

DATES: The rule is effective October 1, 

2010. Comments to this interim final 

rule should be submitted by October 27, 

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–2010–0161 or the Regulatory 

Identification Number (2105–AE03) 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: 

Bohdan Baczara, U.S. Department of 

Transportation, 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 

All urine specimens collected under 

the Department of Transportation (DOT) 

drug testing regulation, 49 CFR Part 40, 

must be collected using chain-ofcustody procedures that incorporate the 

use of the Federal Drug Testing Custody 

and Control Form (CCF) promulgated by 

the Department of Health and Human 

Services (HHS). On November 17, 2009, 

HHS published a proposal to revise the 

CCF. [74 FR 59196] All the comments 

submitted were thoroughly reviewed by 

HHS and taken into consideration in 

fashioning the new CCF. The 

Department worked closely with HHS 

on the new CCF. Recently, HHS 

announced the new CCF in the Federal 

Register [75 FR 41488] which has an 

effective date of October 1, 2010. 

The following items in the revised 

CCF are worth noting for the DOT 

transportation industry drug testing 

program: 

(1) In Step 1 of the CCF, the Federal 

testing authorities—HHS; DOT; and 

Nuclear Regulatory Commission 

(NRC)—are noted, with further 

specificity for the DOT Agencies— 

Federal Motor Carrier Safety 

Administration (FMCSA); Federal 

Aviation Administration (FAA); Federal 

Railroad Administration (FRA); Federal 

Transit Administration (FTA); Pipeline 

and Hazardous Materials Safety 

Administration (PHMSA); and the 

United States Coast Guard (USCG) 1— 

also noted; 

(2) In Step 5A on Copy 1 of the CCF, 

the new drug analytes MDMA, MDA, 

and MDEA are added, as are ‘‘D9– 

THCA’’ after ‘‘Marijuana Metabolite’’ and 

‘‘BZE’’ after ‘‘Cocaine Metabolite’’ to 

specify the drug analytes; 

(3) In Step 6 on Copy 2 of the CCF, 

a line has been included on which the 

Medical Review Officer (MRO) would 

write the drug for which a positive 

result is verified, and a new line item 

‘‘other’’ was added to assist the MRO in 

documenting other ‘‘refusal to test’’ 

situations—for example, when there is 

no legitimate medical explanation for 

the employee providing an insufficient 

amount of urine; 

(4) In Step 7 on Copy 2 of the CCF, 

a box has been added for the MRO to 

check if the split specimen is reported 

as cancelled; and 

(5) On the reverse side of Copy 5—the 

‘‘Donor Copy’’—of the CCF, are the 

revised instructions for completing the 

CCF. 

Because HHS sought and received 

comments on the form and its use, we 

seek only to receive comments on the 

actual implementation of the new CCF, 

and not on the form itself. 

In addition, the technical amendment 

is intended to address an omission 

which has been called to our attention 

since the publication of the 

Department’s final rule in August 2010 

[75 FR 49850] which was intended to 

create consistency with many of the 

new drug testing requirements 

established by HHS. Specifically, the 

HHS Guidelines require laboratories to 

report the concentration of the drug or 

drug metabolite for a positive result to 

the MRO. This was omitted from our 

rule text in the section that directs what 

laboratories are to report and how they 

are to report it. We have amended the 

rule text to reflect this requirement. 

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59106 Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations 

Implementation Guidance 

DOT-regulated employers and their 

service agents are authorized to begin 

use of the new CCF on October 1, 2010. 

However, we recognize there will be 

large supplies of old CCFs available 

after the start date. To avoid wasting the 

old forms, the Department will permit 

use of the old CCF until September 30, 

2011. After this date, collectors and 

laboratories are not to use any of the old 

CCFs in the DOT testing program. The 

rule text has been changed to reflect this 

one-full-year transition period from old 

CCF to new CCF. 

However, when the old CCF is used 

on or before September 30, 2011, the 

collector will need to write in the 

specific DOT Agency under which the 

specimen is collected and must do so in 

the remarks section in Step 2 on Copy 

1 of the CCF. This DOT Agency 

designation is a new feature in the new 

CCF. So, if an old CCF is used and the 

employee’s specimen is collected under, 

for example, authority of the FMCSA 

regulation, the collector will write in 

‘‘DOT—FMCSA’’ in the remarks section 

in Step 2 of the CCF. 

Likewise, when an old CCF is used on 

or before September 30, 2011, before 

transmitting a confirmed positive drug 

test for MDMA, MDA, or MDEA, as 

appropriate, to the MRO, the 

laboratory—in addition to checking the 

‘‘positive’’ box—must write in the 

specific MDMA, MDA, or MDEA analyte 

in the ‘‘Remarks’’ section in Step 5–A of 

Copy 1 of the CCF. 

Like now, use of a CCF past its 

expiration date will not be a fatal flaw. 

Use of the old CCF after September 30, 

2011, must be corrected using the 

procedures at § 40.205(b)(2). 

Regarding the completion of the new 

Step 1–D of the CCF, the Department 

would like to emphasize that neither the 

employer nor the collector should find 

it difficult to complete this new data 

item. DOT-regulated employers and 

their Consortium/Third Party 

Administrators (C/TPAs) currently 

provide the collector and the collection 

site with specific instructions—the test 

reason, whether the test is to be 

conducted under direct observation, the 

MRO name and address, and employee 

information (e.g., name and SSN or ID 

number), among others. Adding one 

additional data element to what is 

already provided by employers or their 

C/TPAs to collectors should not prove 

significantly difficult. An employer and 

its C/TPA should be readily aware of the 

DOT Agency regulating the employee’s 

safety-sensitive duties. We have added a 

new § 40.14 to put into one place the 

items that employers and their C/TPAs 

have been routinely providing 

collectors, and if they have not been 

doing so, the information they should 

have always been providing collectors, 

in addition to this new requirement for 

DOT Agency designations. 

If the information in Step 1–D of the 

CCF is not completed, the laboratory 

will not delay testing the specimen and 

reporting the confirmed result to the 

MRO. Similarly, the MRO will not delay 

the medical review process and 

reporting the verified result to the 

employer. The Department believes the 

laboratory and MRO should note that 

the testing authority box was not 

checked and continue with processing, 

testing, verifying, and reporting the 

specimen result, as appropriate. To 

reduce the potential failure of the 

collector to check the appropriate box in 

Step 1–D, the Department will permit 

the checkmark to be pre-printed in the 

appropriate box prior to the collection. 

We amended our rule text to reflect 

these situations. 

As more of the DOT Agencies go 

toward having employee drug testing 

violations reported to them, these 

designations will prove invaluable to 

the process. 

Regarding Step 6 of Copy 2 of the 

CCF, HHS provided more space for 

identifying the positive drug(s) and a 

new line item ‘‘Other’’ was added to 

assist the MRO in documenting other 

‘‘Refusal to Test’’ situations—for 

example, when there is no legitimate 

medical explanation for the employee 

providing an insufficient amount of 

urine. In Step 7 of Copy 2 of the CCF, 

HHS added a box for ‘‘Test Cancelled’’ 

for the MRO to check when a test is 

cancelled if a split specimen fails to 

reconfirm. We amended our rule text to 

reflect these modifications. As a 

reminder to MROs, the ‘‘Test Cancelled’’ 

box should only be used when the split 

fails to reconfirm for all the results 

verified and reported for the primary 

specimen. 

In light of the modifications HHS 

made to Step 7 of Copy 2 of the CCF, 

we have taken this opportunity to 

incorporate into § 40.187(f) rule text on 

how MROs are to document split 

specimen results. It is our 

understanding that MROs have been 

completing this section correctly even 

though the rule text did not instruct the 

MRO to check the ‘‘Reconfirmed’’ 

and/or ‘‘Failed to Reconfirm’’ boxes. The 

amendment to § 40.187(f) makes this a 

requirement. 

On the back of Copy 5—the ‘‘Donor 

Copy’’—of the CCF, the instructions to 

the collector on completing the CCF are 

revised and updated. 

Regulatory Analyses and Notices 

Authority 

The statutory authority for this rule 

derives from the Omnibus 

Transportation Employee Testing Act of 

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

20140, 31306, and 54101 et seq.) and the 

Department of Transportation Act (49 

U.S.C. 322). 

Administrative Procedure Act 

The Department has determined this 

rule may be issued without a prior 

opportunity for notice and comment 

because providing prior notice and 

comment would be unnecessary, 

impracticable, or contrary to the public 

interest. This rule will authorize DOTregulated employers to use the CCF 

beginning October 1, 2010. Providing an 

opportunity for prior notice and 

comment would be unnecessary, and 

would seem redundant, because the 

public already had an opportunity to 

comment and did provide comments to 

HHS on the proposed CCF. In their 

Notice of Proposed Revisions to the 

Federal Custody and Control Form, HHS 

stated that the CCF is used for the 

Federal workplace drug testing program 

but also pointed out that ‘‘* * * the 

Department of Transportation (DOT) 

requires its regulated industries to use 

the Federal CCF.’’ [74 FR 59196] 

Because many of the commenters were 

transportation industry employers, 

C/TPAs, and associations, we are 

confident they understood that the new 

CCF would be used in the DOTregulated program. And, because the 

DOT utilizes the CCF for our drug 

testing program, the DOT and HHS 

collaborated in preparing the final CCF. 

Providing an opportunity for prior 

notice and comment would be 

impracticable because there is such a 

short time frame from when HHS 

published the new CCF [75 FR 41488] 

to its October 1, 2010 effective date. In 

addition, this Interim Final Rule makes 

minor procedural amendments to its 

rule text to merely reflect the changes to 

the revised CCF and a technical 

amendment to correct an inadvertent 

oversight from a prior rulemaking. For 

these reasons, the Department finds 

there is good cause to make the rule 

effective immediately. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This Interim Final Rule is not 

significant for purposes of Executive 

Order 12866 or the DOT’s regulatory 

policies and procedures. The rule makes 

minor procedural amendments to its 

rule text to merely reflect the changes to 

the revised CCF and a technical 

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Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations 59107 

amendment to correct an inadvertent 

oversight. The use of the revised CCF 

does not increase costs on regulated 

parties because it authorizes regulated 

employers to continue using the old 

CCF for an additional twelve months, 

until September 30, 2011. After this 

date, the revised CCF must be used. 

This allows employers to use their 

current supply of old CCFs rather than 

discarding them. The rule will impose 

no new burdens on any parties. While 

small entities are among those who may 

use the revised CCF, the Department 

certifies, under the Regulatory 

Flexibility Act, that this rule does not 

have a significant economic impact on 

a substantial number of small entities. 

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 September 20, 2010, at Washington, 

DC. 

Ray LaHood, 

Secretary of Transportation. 

■ For reasons discussed in the 

preamble, the Department of 

Transportation amends Title 49 of the 

Code of Federal Regulations, Part 40, 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 54101 et seq. 

■ 2. A new § 40.14 is added, to read as 

follows: 

§ 40.14 What collection information must 

employers provide to collectors? 

As an employer, or an employer’s 

service agent—for example a C/TPA, 

you must ensure the collector has the 

following information when conducting 

a urine specimen collection for you: 

(a) Full name of the employee being 

tested. 

(b) Employee SSN or ID number. 

(c) Laboratory name and address (can 

be pre-printed on the CCF). 

(d) Employer name, address, phone 

number, and fax number (can be preprinted on the CCF at Step 1–A). 

(e) DER information required at 

§ 40.35 of this part. 

(f) MRO name, address, phone 

number, and fax number (can be preprinted on the CCF at Step 1–B). 

(g) The DOT Agency which regulates 

the employee’s safety-sensitive duties 

(the checkmark can pre-printed in the 

appropriate box on the CCF at Step 

1–D). 

(h) Test reason, as appropriate: Preemployment; Random; Reasonable 

Suspicion/Reasonable Cause; PostAccident; Return-to-Duty; and Followup. 

(i) Whether the test is to be observed 

or not (see § 40.67 of this part). 

(j) (Optional) C/TPA name, address, 

phone, and fax number (can be preprinted on the CCF). 

■ 3. In § 40.23, paragraph (f)(4) is 

revised, to read as follows: 

§ 40.23 What actions do employers take 

after receiving verified test results? 

* * * * * 

(f) * * * 

(4) You must instruct the collector to 

note on the CCF the same reason (e.g., 

random test, post-accident test) and 

DOT Agency (e.g., check DOT and 

FMCSA) as for the original collection. 

* * * * * 

■ 4. In § 40.45, revise paragraphs (b) and 

(c)(3), to read as follows: 

§ 40.45 What form is used to document a 

DOT urine collection? 

* * * * * 

(b) You must not use a non-Federal 

form or an expired CCF to conduct a 

DOT urine collection. As a laboratory, 

C/TPA or other party that provides CCFs 

to employers, collection sites, or other 

customers, you must not provide copies 

of an expired CCF to these participants. 

You must also affirmatively notify these 

participants that they must not use an 

expired CCF (e.g., that after September 

30, 2011, they may not use an expired 

CCF for DOT urine collections). 

(c) * * * 

(3) As an employer, in Step 1–D of the 

CCF you may preprint the box for the 

DOT Agency under whose authority the 

test will occur. 

* * * * * 

■ 5. In § 40.63, paragraph (e) is revised, 

to read as follows: 

§ 40.63 What steps does the collector take 

in the collection process before the 

employee provides a urine specimen? 

* * * * * 

(e) You must pay careful attention to 

the employee during the entire 

collection process to note any conduct 

that clearly indicates an attempt to 

tamper with a specimen (e.g., substitute 

urine in plain view or an attempt to 

bring into the collection site an 

adulterant or urine substitute). If you 

detect such conduct, you must require 

that a collection take place immediately 

under direct observation (see § 40.67) 

and complete Step 2 by noting the 

conduct in the ‘‘Remarks’’ line of the 

CCF and the fact that the collection was 

observed by checking the ‘‘Observed’’ 

box. You must also, as soon as possible, 

inform the DER and collection site 

supervisor that a collection took place 

under direct observation and the reason 

for doing so. 

■ 6. In § 40.83, paragraph (a) is revised, 

to read as follows: 

§ 40.83 How do laboratories process 

incoming specimens? 

* * * * * 

(a) You are authorized to receive only 

Copy 1 of the CCF. You are not 

authorized to receive other copies of the 

CCF or any copies of the alcohol testing 

form. 

* * * * * 

■ 7. In § 40.97, paragraphs (a)(2)(i) and 

(ii), and (e)(1) are revised, to read as 

follows: 

§ 40.97 What do laboratories report and 

how do they report it? 

(a) * * * 

(2) * * * 

(i) Positive, with drug(s)/metabolite(s) 

noted, with numerical values for the 

drug(s) or drug metabolite(s). 

(ii) Positive-dilute, with drug(s)/ 

metabolite(s) noted, with numerical 

values for the drug(s) or drug 

metabolite(s) and with numerical values 

for creatinine and specific gravity; 

* * * * * 

(e) * * * 

(1) You must provide quantitative 

values for confirmed positive drug test 

results to the MRO. 

* * * * * 

■ 8. In § 40.129, paragraph (c) is revised, 

to read as follows: 

§ 40.129 What are the MRO’s functions in 

reviewing laboratory confirmed nonnegative drug test results? 

* * * * * 

(c) With respect to verified positive 

test results, place a checkmark in the 

‘‘Positive’’ box in Step 6 on Copy 2 of the 

CCF, indicate the drug(s)/metabolite(s) 

verified positive, and sign and date the 

verification statement. 

* * * * * 

■ 9. In § 40.163: 

■ a. Paragraph (c)(8) is amended by 

removing ‘‘and’’. 

■ b. Paragraph (c)(9) is amended by 

removing the period at the end and 

adding ‘‘; and’’ in its place. 

■ c. Paragraph (c)(10) is added. 

The addition reads as follows: 

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59108 Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations 

§ 40.163 How does the MRO report drug 

test results? 

* * * * * 

(c) * * * 

(10) The DOT Agency, if noted on the 

CCF. 

* * * * * 

■ 10. In § 40.187, paragraph (f) is 

revised to read as follows: 

§ 40.187 What does the MRO do with split 

specimen laboratory results? 

* * * * * 

(f) For all split specimen results, as 

the MRO you must in Step 7 of Copy 2 

of the CCF: 

(1) Report split specimen test results 

by checking the ‘‘Reconfirmed’’ box and/ 

or the ‘‘Failed to Reconfirm’’ box, or the 

‘‘Test Cancelled’’ box, as appropriate. 

(2), Enter your name, sign, and date. 

(3) Send a legible copy of Copy 2 of 

the CCF (or a signed and dated letter, 

see § 40.163) to the employer and keep 

a copy for your records. Transmit the 

document as provided in § 40.167. 

■ 11. In § 40.191, paragraph (d)(2) is 

revised, to read as follows: 

§ 40.191 What is a refusal to take a DOT 

drug test, and what are the consequences? 

* * * * * 

(d) * * * 

(2) As the MRO, you must note the 

refusal by checking the ‘‘Refusal to Test’’ 

box in Step 6 on Copy 2 of the CCF, 

checking whether the specimen was 

adulterated or substituted and, if 

adulterated, noting the adulterant/ 

reason. If there was another reason for 

the refusal, check ‘‘Other’’ in Step 6 on 

Copy 2 of the CCF, and note the reason 

next to the ‘‘Other’’ box and on the 

‘‘Remarks’’ lines, as needed. You must 

then sign and date the CCF. 

* * * * * 

■ 12. In § 40.193, paragraph (d)(2)(i) is 

revised, to read as follows: 

§ 40.193 What happens when an employee 

does not provide a sufficient amount of 

urine for a drug test? 

* * * * * 

(d) * * * 

(2) * * * 

(i) Check the ‘‘Refusal to Test’’ box and 

‘‘Other’’ box in Step 6 on Copy 2 of the 

CCF and note the reason next to the 

‘‘Other’’ box and on the ‘‘Remarks’’ lines, 

as needed. 

* * * * * 

■ 13. In § 40.203, paragraphs (d)(2) and 

(d)(3) are revised, to read as follows: 

§ 40.203 What problems cause a drug test 

to be cancelled unless they are corrected? 

* * * * * 

(d) * * * 

(2) The certifying scientist’s signature 

is omitted on Copy 1 of the CCF for a 

positive, adulterated, substituted, or 

invalid test result. 

(3) The collector uses a non-Federal 

form or an expired CCF for the test. This 

flaw may be corrected through the 

procedure set forth in § 40.205(b)(2), 

provided that the collection testing 

process has been conducted in 

accordance with the procedures of this 

part in an HHS-certified laboratory. 

During the period of October 1, 2010– 

September 30, 2011, you are not 

required to cancel a test because of the 

use of an expired CCF. Beginning 

October 1, 2011, if the problem is not 

corrected, you must cancel the test. 

■ 14. In § 40.209, paragraphs (b)(1) and 

(b)(9) are revised, to read as follows: 

§ 40.209 What procedural problems do not 

result in the cancellation of a test and do 

not require corrective action? 

* * * * * 

(b) * * * 

(1) A minor administrative mistake 

(e.g., the omission of the employee’s 

middle initial, a transposition of 

numbers in the employee’s social 

security number, the omission of the 

DOT Agency in Step 1–D of the CCF.) 

* * * * * 

(9) Personal identifying information is 

inadvertently contained on the CCF 

(e.g., the employee signs his or her name 

on Copy 1); or 

* * * * * 

■ 15. In § 40.355, paragraph (l) is 

revised, to read as follows: 

§ 40.355 What limitations apply to the 

activities of service agents? 

* * * * * 

(l) In transmitting documents to 

laboratories, you must ensure that you 

send to the laboratory that conducts 

testing only Copy 1 of the CCF. You 

must not transmit other copies of the 

CCF or any ATFs to the laboratory. 

* * * * * 

[FR Doc. 2010–24038 Filed 9–24–10; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 236 

[Docket No. FRA–2008–0132, Notice No. 4] 

RIN 2130–AC03 

Positive Train Control Systems 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Final rule amendments. 

SUMMARY: FRA is issuing amendments 

to the final rule regarding the 

development, testing, implementation, 

and use of Positive Train Control (PTC) 

systems for railroads as mandated by the 

Rail Safety Improvement Act of 2008. 

With publication of the final rule on 

January 15, 2010, FRA sought further 

comment on certain specific issues. 

These amendments are being made 

partially in response to the applicable 

comments filed and to further clarify 

certain provisions of the final rule. 

DATES: The amendments to the final rule 

are effective November 26, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Thomas McFarlin, Office of Safety 

Assurance and Compliance, Staff 

Director, Signal & Train Control 

Division, Federal Railroad 

Administration, Mail Stop 25, West 

Building 3rd Floor, Room W35–332, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590 (telephone: 

202–493–6203) (e-mail: 

Thomas.McFarlin@dot.gov); or Jason 

Schlosberg, Trial Attorney, Office of 

Chief Counsel, RCC–10, Mail Stop 10, 

West Building 3rd Floor, Room W31– 

217, 1200 New Jersey Avenue, SE., 

Washington, DC 20590 (telephone: 

202–493–6032) (e-mail: 

Jason.Schlosberg@dot.gov). 

SUPPLEMENTARY INFORMATION: Table of 

Contents for Supplementary 

Information: 

I. Introduction and Background 

II. Scope of Further Comments Sought 

III. Further Comments Filed and FRA’s 

Response 

A. Removal From PTCIP of Track Segments 

Not Yet Implemented With PTC Systems 

B. De Minimis Exception 

IV. Section-by-Section Analysis 

V. Regulatory Impact and Notices 

I. Introduction and Background 

Partially as a consequence and 

severity of certain very public accidents, 

coupled with a series of other less 

publicized accidents, Congress passed 

the Rail Safety Improvement Act of 2008 

§ 104, Public Law 110–432, 122 Stat. 

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