Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Notices 32863

ACTION: Notice.

SUMMARY: The FMCSA announces the

motor carrier industry’s 1999 controlled

substances and alcohol usage rates

based on testing data submitted by a

random sample of motor carriers. The

positive rate for controlled substances

was 1.3 percent in calendar year 1999.

The alcohol ‘‘violation’’ rate was 0.2

percent in 1999. Because the positive

rate from controlled substances testing

has remained above 1.0 percent during

this same period, the FMCSA will

maintain the random controlled

substances testing rate for calendar year

2001 at 50 percent, in accordance with

FMCSA regulations. Because the alcohol

testing violation rate has remained

below 0.5 percent for 1999, the FMCSA

announces that it is maintaining the

random alcohol testing rate for calendar

year 2001 at 10 percent, in accordance

with the provisions of the testing

regulations. This lowered rate continues

the DOT policy set in 1998 when data

supported the same policy decision.

This notice continues the existing

policy. It is effective until further notice.

FOR FURTHER INFORMATION CONTACT: For

enforcement questions: Mr. Kenneth

Rodgers, Office of Enforcement and

Compliance (MC–ECE), 202–366–4016;

for substance questions: Mr. David M.

Lehrman, Office of Policy, Plans and

Regulations (MC–PRR), 202–366–0994;

for statistical questions: Mr. Richard

Gruberg, Office of Data Analysis and

Information Systems (MC–RIA), 202–

366–2959; for legal questions, Mr.

Michael Falk, Office of the Chief

Counsel (MC–CC), 202–366–1384,

Federal Motor Carrier Safety

Administration, 400 Seventh Street,

SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Background

On December 23, 1993 (58 FR 68220),

the FHWA (the predecessor agency to

the FMCSA) announced it would

require motor carriers subject to 49 CFR

part 391, later replaced by part 382, to

implement and maintain specific

controlled substance testing data, and

submit an appropriate annual report

when requested. All motor carriers must

maintain this information. The FHWA

randomly selected a sample of motor

carriers annually and asked those

selected to submit their data.

On February 15, 1994 (59 FR 7484),

the FHWA promulgated new controlled

substances and alcohol testing rules in

49 CFR part 382. These rules combined

the controlled substances annual report

with a similar alcohol rule ‘‘violation’’

annual report. Alcohol rule violations

for purposes of the annual report are

alcohol concentrations of 0.04 or greater

and refusals to submit to alcohol testing.

On March 13, 1995, the FHWA

amended the rules to reduce the

information collection burden on all

respondents, including small entities

(60 FR 13369).

The current rule at § 382.403,

formerly at 49 CFR 391.87(h), is

essential for the accomplishment of the

following four goals:

1. Collection of controlled substances

and alcohol testing statistical data.

2. Using the data to analyze the

FMCSA’s current approach to deterring

and detecting illegal controlled

substances use and alcohol misuse in

the motor carrier industry.

3. Determining each calendar year’s

random selection rates for alcohol and

controlled substances testing under the

rule.

4. Providing for a more efficient and

effective regulatory program.

In 1995, the FHWA requested a

sample of motor carriers to report data

collected in 1994. The FHWA

determined the random positive

controlled substances usage rate for

commercial motor vehicle (CMV)

drivers subject to 49 CFR part 391,

subpart H, for the period of January 1,

1994, through December 31, 1994, was

2.6 percent. Based on data collected in

subsequent years, this rate was

determined to be 2.8 percent in 1995

and 2.2 percent in 1996.

Estimates of positive usage rates for

alcohol were first produced for calendar

year 1995. The alcohol testing

‘‘violation’’ rate was 0.14 percent in

1995, and 0.18 percent in 1996.

The criteria for raising or lowering the

random testing rates are established by

regulation. Under 49 CFR

§ 382.305(d)(1), when the minimum

annual percentage rate for random

alcohol testing is 25 percent or more,

the FMCSA Administrator may lower

the rate to 10 percent of all driver

positions if the Administrator

determines that the data received under

the reporting requirements of § 382.403

for two consecutive years indicate that

the violation rate is less than 0.5

percent.

Based upon this authority, and

because the violation rate was below 0.5

percent for two consecutive years, the

FHWA announced it was lowering the

random alcohol testing rate for calendar

year 1998 to 10 percent. The random

controlled substances testing rate

remained 50 percent. On January 14,

1998 (63 FR 2172) the agency published

this policy in a notice including an

extensive appendix C explaining the

methodology used to estimate the

controlled substances positive and

alcohol violation rates.

The controlled substances usage rate

based on 1998 survey data was 1.5

percent. The alcohol violation rate for

1998 was 0.4 percent.

This notice announces the results of

data collected for the 1999 FMCSA Drug

and Alcohol Surveys. These surveys,

conducted annually, measure the

percentage of CDL drivers testing

positive for controlled substances (as

defined in 49 CFR § 40.21) and/or

alcohol, based on both random and

nonrandom testing. The survey data are

collected from a random sample of

motor carrier annual drug and alcohol

testing summaries. Because the positive

rate from random controlled substances

testing has remained above 1.0 percent

during this period, the FMCSA is

maintaining the random controlled

substances testing rate for calendar year

2001 at 50 percent, in accordance with

49 CFR § 382.305(g). The FMCSA is also

maintaining the random alcohol testing

rate for calendar year 2001 at 10

percent, in accordance with 49 CFR

382.305(d)(1).

Issued on: June 11, 2001.

Stephen E. Barber,

Acting Deputy Administrator.

[FR Doc. 01–15332 Filed 6–15–01; 8:45 am]

BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

Inspection, Repair, and Maintenance;

Periodic Inspection of Commercial

Motor Vehicles

AGENCY: Federal Motor Carrier Safety

Administration (FMCSA), DOT.

ACTION: Acceptance of State of Ohio bus

inspection programs and republication

of accepted State programs.

SUMMARY: The FMCSA announces it

accepts the State of Ohio’s periodic

inspection program for buses. The

FMCSA previously accepted Ohio’s

inspection program for church buses

and added it to the list of programs that

are comparable to, or as effective as, the

Federal periodic inspection

requirements contained in the Federal

Motor Carrier Safety Regulations

(FMCSRs). The state has since expanded

its program and now requires that all

buses undergo an annual inspection by

the Ohio State Patrol. This notice also

publishes the list of all inspection

programs that meet the FMCSR

requirement.

32864 Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Notices

DATES: This action is effective on June

18, 2001.

FOR FURTHER INFORMATION CONTACT: Mr.

Larry W. Minor, Office of Bus and Truck

Standards and Operations, MC–PSV,

(202) 366–4009; Federal Motor Carrier

Safety Administration, 400 Seventh

Street, SW., Washington, DC 20590.

Office hours are from 7:45 a.m. to 4:15

p.m., e.t., Monday through Friday,

except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

Section 210 of the Motor Carrier

Safety Act of 1984 (49 U.S.C. 31142)

(the Act) requires the Secretary of

Transportation (the Secretary) to

prescribe standards for annual, or more

frequent, inspection of commercial

motor vehicles (CMVs) unless the

Secretary finds another inspection

system is as effective as an annual or

more frequent inspection. In 1988, the

Federal Highway Administration

(FHWA) published a final rule

amending 49 CFR part 396 (53 FR

49402, December 7, 1988) to require

CMVs operated in interstate commerce

to be inspected at least once a year.

Under section 396.17 the inspection is

to be based on Federal inspection

standards, or a State inspection program

determined by the FMCSA to be

comparable to, or as effective as, the

Federal standards. Accordingly, if the

agency determines a State’s periodic

inspection program is comparable to, or

as effective as, the requirements of part

396, then a motor carrier must ensure

that all of its commercial motor vehicles

which are required by that State to be

inspected through the State’s inspection

program are inspected. If a State does

not have such a program, the motor

carrier is responsible for ensuring its

vehicles are inspected using one of the

alternatives included in section 396.17.

In 1989, the FHWA (the DOT agency

with responsibility for motor vehicle

safety until the establishment of the

FMCSA in 2000), published a notice in

the Federal Register that requested

States and other interested parties to

identify and provide information on the

commercial motor vehicle inspection

programs in their respective

jurisdictions as contemplated by section

396.17 (54 FR 11020, March 16, 1989).

Upon review of the information

submitted, the FHWA published a list of

State inspection programs that were

determined to be comparable to the

Federal requirements (54 FR 50726,

December 8, 1989). This initial list

included 15 States and the District of

Columbia. In 1991 the list was revised

to include the inspection programs of

the Alabama Liquefied Petroleum Gas

(LPG) Board, California, Hawaii,

Louisiana, Minnesota, all of the

Canadian Provinces, and the Yukon

Territory (56 FR 47982, September 23,

1991). In 1992, the list was revised to

include the Wisconsin bus inspection

program (57 FR 56400, November 27,

1992). In 1994, the list was revised to

include the Texas CMV inspection

program (59 FR 17829, April 14, 1994).

In 1995, the list was revised to include

the Connecticut bus inspection program

(60 FR 56183, November 7, 1995). In

1998 the most recent revision was made

to include the Ohio inspection program

for church buses (63 FR 8516, February

19, 1998).

Including Ohio, there are 23 States,

the Alabama Liquefied Petroleum Gas

Board, the District of Columbia, 10

Canadian Provinces, and one Canadian

Territory that have periodic inspection

programs which have been determined

to be comparable to, or as effective as,

the Federal requirements.

Determination: State of Ohio Bus

Inspection Program

The State of Ohio (the State) has

implemented mandatory annual

inspection requirements for all buses as

part of its program to improve the safety

of operation of motor carriers of

passengers. Beginning July 1, 2001, the

State prohibits any person from

operating buses that are originally

designed to transport 16 or more

passengers, including the driver, or that

have a gross vehicle weight rating of

4,536 kilograms (10,001 pounds) or

more, unless the vehicle displays a valid

safety inspection decal issued by the

State Highway Patrol (§ 4513.51 of the

Ohio Revised Code). The state continues

to require that a church using a bus

registered as a ‘‘hurch bus’’ (in

accordance with § 4503.7 of the Ohio

Revised Code), and that transports

members to and from church services or

functions, submit an application for the

registration of the bus to the Bureau of

Motor Vehicles. As part of the annual

registration application, the church

must include a certificate from the State

Highway Patrol as proof the bus has

been inspected and is safe for operation

in accordance with the standards

prescribed by the Superintendent of the

State Highway Patrol. The requirement

for the safety certificate is applicable to

church buses that are originally

designed to transport 16 or more

passengers, including the driver, or that

have a gross vehicle weight rating of

4,536 kilograms (10,001 pounds) or

more. The bus inspections required by

§§ 4503.7 and 4513.51 of the Ohio

Revised Code are performed by the State

Highway Patrol at State facilities or the

bus owner’s garage.

The FMCSA has determined that both

the Ohio church bus inspection program

in effect as of March 31, 1997, and the

inspection program for buses (other than

church buses) effective July 1, 2001, are

comparable to, or as effective as, the

Federal periodic inspection

requirements. Therefore, motor carriers

of passengers operating buses which are

subject to the State’s programs and

which are subject to the FMCSRs must

use the State’s programs to satisfy the

Federal requirements under 49 CFR

396.17.

In accepting the State’s periodic

inspection programs, the FMCSA also

approves the recordkeeping

requirements associated with the

inspection program. The inspection

report used to record the church bus

inspection is a two-part form. If the

vehicle passes the inspection, the

bottom portion of the form is given to

the bus operator to submit to the Bureau

of Motor Vehicles as part of the

application for vehicle registration (e.g.,

purchasing the annual church bus

license plate). The top portion of the

inspection report is maintained by the

State Highway Patrol. The State church

bus license plate (with a current

validation sticker) is considered by the

FMCSA as satisfying the Federal

requirement for proof of inspection on

the commercial motor vehicle.

For buses other than church buses

inspection decals are issued and must

be displayed on the commercial motor

vehicle.

States with Equivalent Periodic

Inspection Programs

The following is a complete list of

States, and one Board, which performs

the periodic inspection function of a

State, with inspection programs which

the FMCSA has determined are

comparable to, or as effective as, the

Federal requirements.

Alabama (LPG Board)

Arkansas

California

Connecticut

District of Columbia

Hawaii

Illinois

Louisiana

Maine

Maryland

Michigan

Minnesota

New Hampshire

New Jersey

New York

Ohio

Oklahoma

Pennsylvania

Rhode Island

Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Notices 32865

Texas

Utah

Vermont

Virginia

West Virginia

Wisconsin

In addition to the States listed above,

the FMCSA has determined the

inspection programs of the 10 Canadian

Provinces (Alberta, British Columbia,

Manitoba, New Brunswick,

Newfoundland, Nova Scotia, Ontario,

Prince Edward Island, Quebec and

Saskatchewan) and the Yukon Territory

are comparable to, or as effective as, the

Federal periodic inspection

requirements.

All other States either have no

periodic inspection programs for CMVs

or their programs have not been

determined by the FMCSA to be

comparable to, or as effective as, the

Federal requirements. If any of these

States wish to establish a program or

modify their programs in order to make

them comparable to the Federal

requirements, the State should contact

the appropriate FMCSA division office.

Issued on: June 11, 2001.

Stephen E. Barber

Acting Deputy Administrator.

[FR Doc. 01–15331 Filed 6–15–01; 8:45 am]

BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

Major Investment Study/Draft

Environmental Impact Statement for

the Bergen-Passaic Cross County

Corridor, Bergen and Passaic

Counties, New Jersey

AGENCY: Federal Transit Administration

(FTA), DOT.

ACTION: Notice of intent to prepare a

major investment study/draft

environmental impact statement (MIS/

DEIS).

SUMMARY: The Federal Transit

Administration (FTA) and the New

Jersey Transit Corporation (NJ

TRANSIT) intend to prepare a Major

Investment Study/Draft Environmental

Impact Statement (MIS/DEIS) to study

transportation access improvements

along the Bergen-Passaic Cross County

Corridor (also known as the NYS&W

corridor) in Bergen and Passaic

Counties, New Jersey. The MIS/DEIS is

being prepared in accordance with the

National Environmental Policy Act of

1969 (NEPA), as amended, and

implemented by the Council on

Environmental Quality (CEQ)

regulations (40 CFR parts 1500–1508),

the FTA/Federal Highway

Administration’s Environmental Impact

regulations (23 CFR part 771), and the

FTA/FHWA Statewide Planning/

Metropolitan Planning regulations (23

CFR part 450). This study will also

comply with the requirements of the

National Historic Preservation Act of

1966, as amended, section 4(f) of the

1966 U.S. Department of Transportation

Act, the 1990 Clean Air Act

Amendments, the Executive Order

12898 on Environmental Justice, and

other applicable rules, regulations, and

guidance documents.

The purpose of the Bergen-Passaic

Cross County Corridor MIS/DEIS is to

examine solutions for improving

mobility in Bergen and Passaic

Counties, New Jersey and to document

the social, economic, and environmental

impacts of implementing identified

study alternatives. The MIS/DEIS will

identify a preferred alternative that will

improve mobility within that region.

The MIS/DEIS will evaluate a Baseline

Alternative and a Build Alternative. The

Build Alternative under consideration

was selected as a result of the findings

of the West Shore Region Alternatives

Analysis Report (December 1999). The

Alternatives Analysis Report

recommended an alternative for

advancement to the MIS/DEIS phase of

the project made up of the following

components: West Shore corridor

commuter rail service via the

Meadowlands Sports Complex;

Northern Branch corridor light rail

service via Hudson Bergen Light Rail

Transit (HBLRT); and NYS&W corridor

light rail service via HBLRT. All three

of these proposed new rail services

would involve construction of new

transportation infrastructure, including

tracks, stations and yards. This MIS/

DEIS will examine the Bergen-Passaic

Cross County Corridor (NYS&W) light

rail service via HBLRT.

DATES: Comment Due Date: Written

comments on the scope of the MIS/DEIS

should be sent to NJ TRANSIT by

August 15, 2001. See ADDRESSES below.

Scoping Meeting: Public scoping

meetings for the Bergen-Passaic Cross

County Corridor MIS/DEIS will be held

on:

• Tuesday, July 10, 2001

3 p.m. to 5 p.m. and 7 p.m. to 9 p.m.,

Bergen County Administration

Building, Freeholders Room, 5th

Floor, 1 Bergen County Plaza,

Hackensack, New Jersey 07601

• Tuesday, July 17, 2001

3 p.m. to 5 p.m. and 7 p.m. to 9 p.m.,

Passaic County Administration

Building, Freeholders Room, Room

223, 401 Grand Street, Paterson, New

Jersey 07505

Registration to speak will begin at

2:30 p.m. and will remain open until

4:30 for the afternoon session;

registration to speak will begin at 6:30

p.m. and will remain open until 8:30

p.m. for the evening session. The

scoping meeting will conclude at 4:30

p.m. and 8:30 p.m., respectively, if there

are no remaining registered speakers.

People with special needs should

contact Steven Jurow at NJ TRANSIT at

the address below or call the study tollfree information line at 1–866–658–

9874. The buildings are accessible to

people with disabilities. A sign language

interpreter will be made available for

the hearing impaired by calling the

study toll-free information line at 1–

866–658–9874.

Scoping material will be available at

the meetings and may also be obtained

in advance of the meetings by

contacting Steven Jurow at the address

below or by calling the study toll-free

information line above. Oral and written

comments may be given at the scoping

meetings; a stenographer will record all

comments.

ADDRESSES: Written comments on the

project scope should be sent to Steven

Jurow, Project Manager, NJ TRANSIT,

One Penn Plaza East, Newark, NJ

07105–2246. The scoping meetings will

be held at the locations identified above.

FOR FURTHER INFORMATION CONTACT: If

you wish to be placed on the mailing

list to receive further information as the

study develops, contact Steven Jurow at

the above address or call the study tollfree information line at 1–866–658–

9874. For further information, you may

also contact: Mr. Irwin B. Kessman,

Director, Office of Planning and

Program Development, Federal Transit

Administration, Region II, One Bowling

Green, Room 429, New York, New York,

10004–1415; phone: 212–668–2170, fax:

212–668–2136.

SUPPLEMENTARY INFORMATION:

I. Scoping

The FTA and NJ TRANSIT invite all

interested individuals and

organizations, and federal, state, and

local agencies to provide comments on

the scope of the study. During the

scoping process, comments should

focus on identifying specific social,

economic, or environmental issues to be

evaluated and suggesting alternatives,

which may be less costly or have less

environmental impacts, while achieving

the similar transportation objectives.

Comments should focus on the issues

and alternatives for analysis and not on

a preference for a particular alternative.