Federal Register / Vol. 70, No. 209 / Monday, October 31, 2005 / Proposed Rules 62275 

TABLE 6 TO SUBPART DDDDD OF PART 63.—FUEL ANALYSIS REQUIREMENTS—Continued 

[As stated in § 63.7521, you must comply with the following requirements for fuel analysis testing for existing, new or reconstructed affected 

sources:] 

To conduct a fuel analysis for the following pollutant... You must... Using... 

f. Measure chlorine concentration in fuel sample.SW–846–9250 or ASTM D6721–01 (for coal) 

or ASTM E776–87 (1996) (for biomass) 

(IBR, see § 63.14(b)) or equivalent. 

g. Convert concentrations into units of pounds 

of pollutant per MMBtu of heat content.

[FR Doc. 05–21531 Filed 10–28–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 122 and 412 

[OW–2005–0036; FRL–OW–2005–0000; 

FRL–7990–5] 

Notice of Availability of 

Correspondence Regarding Revisions 

to the National Pollutant Discharge 

Elimination System Permit Regulation 

and Effluent Limitation Guidelines for 

Concentrated Animal Feeding 

Operations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of data availability. 

SUMMARY: This notice announces the 

availability of correspondence and the 

Environmental Protection Agency’s 

(EPA’s) response to inquiries regarding 

the Concentrated Animal Feeding 

Operations (CAFOs) regulations. EPA 

received inquiries on the permit 

application date in the CAFOs 

regulation and whether, in response to 

the February 28, 2005, decision by the 

Second Circuit Court of Appeals issued 

in Waterkeeper v. EPA, 399 F.3d 486 

(2nd Cir. 2005), the permit application 

date may be extended. The 2003 CAFO 

rule (68 FR 7176) (‘‘National Pollutant 

Discharge Elimination System Permit 

Regulation and Effluent Limitation 

Guidelines for Concentrated Animal 

Feeding Operations’’), hereafter known 

as the ‘‘2003 CAFO rule,’’ contains the 

requirement that by February 13, 2006, 

all newly defined CAFOs must apply for 

a National Pollutant Discharge 

Elimination System (NPDES) permit. 

The 2003 CAFO rule also requires that 

all CAFOs develop and implement a 

Nutrient Management Plan by December 

31, 2006. 

EPA is in the process of developing 

options for revising the 2003 CAFO rule 

to comply with the Second Circuit Court 

of Appeals’ decision. The schedule for 

final action provides for a full and 

ample opportunity for public notice and 

comment, but it is not consistent with 

completion by February 13, 2006. As a 

result, EPA will propose to extend the 

permit application date of February 13, 

2006, and the Nutrient Management 

Plan due date of December 31, 2006, in 

a separate NPRM. This second action 

will be proposed and finalized by 

February 13, 2006. The correspondence 

and the EPA’s response have been 

added to the rulemaking docket and are 

available to the public. 

ADDRESSES: Copies of the 

correspondence may be obtained from 

EPA’s Office of Water docket identified 

by Docket ID No. OW–2005–0036, by 

one of the following methods: 

(1) Agency Web site: http:// 

www.epa.gov/edocket. EDOCKET, EPA’s 

electronic public docket. 

(2) E-mail: ow-docket@epa.gov, 

Attention Docket ID No. OW–2005–

0036. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Interested Entities 

Categories and entities interested in 

today’s notice include: 

Category Examples of interested 

entities 

State/Local/ 

Tribal Government 

Industry ....... Operators of animal production operations that meet 

the definition of a CAFO. 

Beef cattle feedlots (including veal). 

Beef cattle ranching and 

farming. 

Hogs. 

Sheep. 

General livestock except 

dairy and poultry. 

Dairy farms. 

Broilers, fryers, and roaster 

chickens. 

Chicken eggs. 

Turkey and turkey eggs. 

Poultry hatcheries. 

Poultry and eggs. 

Ducks. 

Category Examples of interested 

entities 

Horses and other equines. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this action. This table lists 

the types of entities that may be 

interested in this notice. 

B. How Can I Get Copies of This 

Document and Other Related 

Information? 

1. Docket. EPA has established an 

official public docket for the Revisions 

to the National Pollutant Discharge 

Elimination System Permit Regulation 

and Effluent Limitation Guidelines for 

Concentrated Animal Feeding 

Operations under Docket ID No. OW–

2005–0036. The official public docket 

consists of the correspondence received 

on the CAFO 2003 rule and the 

February 28, 2005, decision by the 

Second Circuit Court of Appeals issued 

in Waterkeeper v. EPA, and EPA’s 

response to this correspondence. 

Although a part of the official docket, 

the public docket does not include 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. The official public 

docket is the collection of materials that 

is available for public viewing at Water 

Docket in the EPA Docket Center, (EPA/ 

DC) EPA West, Room B102, 1301 

Constitution Ave., NW., Washington, 

DC. The EPA Docket Center Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Water Docket is (202) 

566–2426. To view these documents 

materials, please call ahead to schedule 

an appointment. Every user is entitled 

to copy 266 pages per day before 

incurring a charge. The Docket may 

charge 15 cents a page for each page 

over the 266-page limit plus an 

administrative fee of $25.00. 

62276 Federal Register / Vol. 70, No. 209 / Monday, October 31, 2005 / Proposed Rules 

An electronic version of the public 

docket is available through EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets at http://www.epa.gov/edocket/ 

to view scientific views, access the 

index listing of the contents of the 

official public docket, and to access 

those documents in the public docket 

that are available electronically. Once in 

the system, select ‘‘search,’’ then key in 

the appropriate docket identification 

number. 

2. Electronic Access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the Federal Register listings at 

http://www.epa.gov/fedrgstr/. 

Dated: October 25, 2005. 

Brent Fewell, 

Acting Assistant Administrator Office of 

Water. 

[FR Doc. 05–21527 Filed 10–28–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 40 

[Docket OST–2003–15245] 

RIN 2105–AD55 

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 to amend 

certain provisions of its drug and 

alcohol testing procedures to change 

instructions to laboratories, medical 

review officers, and employers with 

respect to adulterated, substituted, 

diluted, and invalid specimen results. 

These proposed changes are intended to 

create consistency with specimen 

validity requirements established by the 

U.S. Department of Health and Human 

Services and to modify some measures 

taken in two of our own interim final 

rules. This NPRM also proposes to make 

specimen validity testing mandatory 

within the regulated transportation 

industries. 

DATES: Comments to the notice of 

proposed rulemaking should be 

submitted by December 30, 2005. Latefiled comments will be considered to 

the extent practicable. 

ADDRESSES: You may submit comments 

[identified by DOT DMS Docket Number 

15245] by any of the following methods: 

• Web Site: http://dms.dot.gov. 

Follow the instructions for submitting 

comments on the DOT electronic docket 

site. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 am and 5 pm, Monday 

through Friday, except Federal 

Holidays. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and docket 

number or Regulatory Identification 

Number (RIN) for this rulemaking. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

Public Participation heading of the 

Supplementary Information section of 

this document. Note that all comments 

received will be posted without change 

to http://dms.dot.gov. including any 

personal information provided. Please 

see the Privacy Act heading under 

Regulatory Notices. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

dms.dot.gov at any time or to Room PL–

401 on the plaza level of the Nassif 

Building, 400 Seventh Street, SW., 

Washington, DC, between 9 am and 5 

pm, Monday through Friday, except 

Federal Holidays. 

FOR FURTHER INFORMATION CONTACT: Jim 

L. Swart, Deputy Director (S–1), Office 

of Drug and Alcohol Policy and 

Compliance, 400 Seventh Street, SW., 

Washington, DC 20590; telephone 

number 202–366–3784 (voice), 202–

366–3897 (fax), or jim.swart@dot.gov (email). 

SUPPLEMENTARY INFORMATION: 

Purpose 

In its final rule of December 2000 [65 

FR 79526], the U.S. Department of 

Transportation (DOT) made specimen 

validity testing (SVT) mandatory for the 

transportation industry contingent upon 

U.S. Department of Health and Human 

Services (HHS) publishing its 

Mandatory Guidelines on SVT. In late 

2001, the DOT amended part 40 [66 FR 

41952, August 9, 2001] to remove the 

mandatory requirement because HHS 

had not finalized its Mandatory 

Guidelines regarding SVT. We said that 

SVT would remain authorized but not 

required. 

On April 13, 2004, HHS published a 

Federal Register notice revising its 

Mandatory Guidelines [69 FR 19644] 

with an effective date of November 1, 

2004. Among the revisions contained in 

the HHS Mandatory Guidelines were the 

requirements that laboratories modify 

substituted specimen and diluted 

specimen testing and reporting criteria. 

HHS revised laboratory requirements for 

adulterated specimen testing. HHS also 

required each Federal agency to conduct 

specimen validity testing (SVT) to 

determine if urine specimens collected 

under HHS Federal Workplace Drug 

Testing Programs have been adulterated 

or substituted. 

In an interim final rule (IFR) [69 FR 

64865] published on November 9, 2004, 

the DOT changed a number of items in 

part 40 to make part 40 and the HHS 

Mandatory Guidelines consistent. We 

did this to avoid conflicting 

requirements that implementation of 

both rules would have had on 

laboratories and medical review officers 

(MROs). 

In the 2004 IFR, we indicated that we 

intended to fully address all aspects of 

the HHS changes to their Mandatory 

Guidelines in a notice of proposed 

rulemaking (NPRM). We also indicated 

that we would also take into 

consideration any subsequent HHS 

handbook materials (e.g., HHS MRO 

Manual) and update our cost figures for 

SVT in the context of making SVT 

mandatory. In this NPRM, we have 

considered the HHS Guidelines as well 

as the HHS MRO Manual, we propose 

to make SVT mandatory, and we have 

updated our cost figures accordingly. 

In the 2004 IFR and an earlier IFR [68 

FR 31626] from May 28, 2003, we 

solicited comments regarding SVT and 

substituted specimens. We will address 

the docket comments to both IFRs in 

this preamble. 

Background 

We issued the 2003 IFR in order to 

respond to scientific and medical 

information suggesting we modify 

testing criteria for some specimens that 

had been considered to be substituted 

and ultimately were treated as refusals 

to test. The 2003 IFR modified how 

MROs would deal with any substituted 

result with creatinine concentration 

greater than or equal to 2 mg/dL. It did 

not change the HHS substitution criteria 

that we had used. 

In the 2004 IFR, we changed a number 

of items in part 40 to harmonize part 40 

and the new HHS Mandatory Guidelines 

on SVT to avoid a number of 

inconsistent requirements that the