Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Proposed Rules 21151

months, with a result indicating an

alcohol concentration of less than 0.04;

and

(ii) The employer ensures that no

prior employer of the driver of whom

the employer has knowledge has records

of a violation of this part or the alcohol

misuse rule of another DOT agency

within the previous six months.

(2) Except as provided in paragraphs

(b)(i)(1) and (ii) of this section, the

employer shall not allow a driver to

perform a safety-sensitive function

unless the driver has been administered

an alcohol test with a result indicating

an alcohol concentration of less than

0.04.

(3) If a pre-employment alcohol test

result under this section indicates an

alcohol concentration of 0.02 or greater

but less than 0.04, the provisions of

§ 382.505 apply.

(4) The employer shall conduct the

tests using the procedures of 49 CFR

part 40.

* * * * *

3. In § 382.301(d)(1) introductory text,

the words ‘‘(1) (i) and (ii)’’ are added

after the words ‘‘paragraph (b)’’.

Issued this 2nd day of May, 1996, at

Washington, D.C.

Rodney Slater,

Administrator, Federal Highway

Administration.

FTA

List of Subjects

49 CFR Part 653

Drug testing, Grant programstransportation, Mass transportation,

Reporting and recordkeeping

requirements, Safety, Transportation.

49 CFR Part 654

Alcohol testing, Grant programstransportation, Mass transportation,

Reporting and recordkeeping

requirements, Safety, Transportation.

For the reasons set out in the

preamble, the Federal Transit

Administration proposes to amend 49

CFR Part 654, as follows:

PART 654—PREVENTION OF

ALCOHOL MISUSE IN TRANSIT

OPERATIONS.

1. The authority for Part 654 would

continue to read as follows:

Authority: 49 U.S.C. 5331; 49 CFR 1.51

2. Section 654.31 is proposed to be

revised to read as follows:

§ 654.31 Pre-employment testing.

(a) As part of its alcohol misuse

program under this part, an employer is

permitted, but not required, to conduct

pre-employment testing for the use of

alcohol. If the employer chooses to

conduct such testing under this section,

the requirements of paragraphs (b)

through (d) apply.

(b) The employer shall administer a

pre-employment alcohol test before the

first time any covered employee

performs a safety-sensitive function for

the employer.

(c) The employer shall conduct the

tests using the procedures of 49 CFR

Part 40.

(d) The employer shall not allow a

covered employee to perform safetysensitive functions, unless the result of

the employee’s test indicates an alcohol

concentration of less than 0.04. If a preemployment alcohol test result under

this section indicates an alcohol

concentration of 0.02 or greater but less

than 0.04, the provisions of § 654.65

apply.

Issued this 2nd day of May, 1996, at

Washington, D.C.

Gordon J. Linton,

Administrator, Federal Transit

Administration.

[FR Doc. 96–11432 Filed 5–8–96; 8:45 am]

BILLING CODE 4910–62–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 0 and 80

[CI Docket No. 95–55, FCC 96–194]

Inspection of Radio Installations on

Large Cargo and Small Passenger

Ships

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission has adopted

a Notice of Proposed Rule Making

(NPRM) which proposes rules to require

that large cargo and small passenger

vessels arrange for an inspection of such

ships by an FCC-licensed technician.

The Commission adopted this NPRM to

incorporate changes to the

Communications Act related to the

inspection of ships and to explore ways

to improve the Commission’s ship

inspection process. The intended effect

of these proposed rules is to increase the

availability of competent, private sector

inspectors to conduct inspections of

cargo vessels and small passenger

vessels required to be inspected by the

Commission without adversely affecting

safety and, thus, provide greater

convenience for the maritime industry.

DATES: Comments must be filed on or

before May 24, 1996, and reply

comments must be filed on or before

June 3, 1996. Written comments by the

public and federal agencies on the

proposed and/or modified information

collections are due by May 24, 1996.

Written comments by OMB on the

proposed and/or modified information

collections on or before July 8, 1996.

ADDRESSES: Federal Communications

Commission, 1919 M Street, N.W.,

Washington, DC 20554. In addition to

filing comments with the Secretary, a

copy of any comments on the

information collections contained

herein should be submitted to Dorothy

Conway, Federal Communications

Commission, Room 234, 1919 M Street,

N.W., Washington, DC 20554, or via the

Internet to dconway@fcc.gov, and to

Timothy Fain, OMB Desk Officer, 10236

NEOB, 725 - 17th Street, N.W.,

Washington, DC 20503 or via the

Internet to fain—t@al.eop.gov.

FOR FURTHER INFORMATION CONTACT:

George R. Dillon of the Compliance and

Information Bureau at (202) 418–1100.

For additional information concerning

the information collections contained in

this NPRM contact Dorothy Conway at

202–418–0217, or via the Internet at

dconway@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rule Making, CI Docket No.

95–55, FCC 96–194, adopted April 25,

1996, and released, April 26, 1996. The

full text of this Notice of Proposed Rule

Making is available for inspection and

copying during normal business hours

in the FCC Reference Center (Room 239)

1919 M Street, NW, Washington, DC.

The complete text may be purchased

from the Commission’s copy contractor,

International Transcription Services,

2100 M Street NW, Washington, DC

20037, telephone (202) 857–3800.

Summary of Notice of Proposed Rule

Making

This Notice of Proposed Rule Making

(NPRM) was initiated to incorporate

changes to the Communications Act

related to the inspection of ships, to

explore ways to improve the

Commission’s ship inspection process,

to reduce administrative burdens on the

public and the Commission, and to

ensure that vessel safety is not adversely

affected. Currently, the Commission

inspects the radio installations of

approximately 1,110 vessels each year

subject to the Communications Act or

the Safety Convention. The proposed

rules will replace the requirement that

the Commission inspect such ships with

a requirement that ship owners or

operators arrange for an inspection by

an FCC-licensed technician.
21152 Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Proposed Rules

2. Privatization will result in the

following benefits:

(a) It will increase the number of

experienced entities available to inspect

the radio stations of ships.

(b) Privatization will permit ship

owners and operators to arrange for

inspections at any time or place.

(c) Our proposal for privatization

should not adversely affect safety, we

are proposing rules that will require two

separate certifications that the ship has

passed the safety inspection.

Additionally, we are coordinating this

item with the U. S. Coast Guard.

(d) It will also decrease administrative

burdens on the Commission by shifting

the responsibility to arrange ship

inspections from the Commission to

ship owners or operators.

3. The Communications Act requires

that the Commission must inspect the

radio installation of large cargo ships

and certain passenger ships of the

United States at least once a year to

ensure that the radio installation is in

compliance with the requirements of the

Communications Act. Additionally, the

Communications Act requires that the

Commission must inspect the radio

installation of small passenger vessels as

necessary to ensure compliance with the

radio installation requirements of the

Communications Act. Currently, the

Commission inspects small passenger

vessels once every five years.

4. The Safety Convention, to which

the United States is signatory and which

applies to large cargo ships and certain

passenger vessels, also requires an

annual inspection. The Safety

Convention, however, permits an

Administration to entrust the

inspections to either surveyors

nominated for the purpose or to

organizations recognized by it. The

United States can, therefore, have either

Commission inspectors or other entities

conduct the radio station inspections of

vessels for compliance with the Safety

Convention.

5. The purpose of these inspections is

to ensure that passengers and crew

members of certain U. S. ships have

access to distress communications in an

emergency. The 1996 Act adopted the

statutory changes in this area requested

by the Commission in 1995. In part,

these changes permit the Commission to

designate entities to perform the

inspections required by the

Communications Act. We are proposing

a significant change to the current rules

and procedures regarding safety

inspections and request comment on

these proposals.

Paperwork Reduction Act

This NPRM contains either a

proposed or modified information

collection. The Commission, as part of

its continuing effort to reduce

paperwork burdens, invites the general

public and the Office of Management

and Budget (OMB) to comment on the

information collections contained in

this NPRM, as required by the

Paperwork Reduction Act of 1995,

Public Law 104–13. Public and agency

comments are due at the same time as

other comments on this NPRM; OMB

notification of action is due July 8, 1996.

Comments should address: (a) whether

the proposed collection of information

is necessary for the proper performance

of the functions of the Commission,

including whether the information shall

have practical utility; (b) the accuracy of

the Commission’s burden estimates; (c)

ways to enhance the quality, utility, and

clarity of the information collected; and

(d) ways to minimize the burden of the

collection of information on the

respondents, including the use of

automated collection techniques or

other forms of information technology.

OMB Approval Number: 3060–0362.

Title: 80.401 Station documents

required.

Form No.: N/A.

Type of Review: Revision of existing

collection.

Respondents: Large businesses and

small businesses.

Number of Respondents: 11,318.

Estimated Time Per Response: 4.48

hours.

Total Annual Burden: 44,478 hours.

Estimated costs per respondent: There

are no separate costs.

Needs and Uses: The NPRM proposes

to revise the Commission’s Rules

regarding the inspection of ships for

compliance with the

Telecommunications Act of 1996 and

the International Convention for the

Safety of Life at Sea, 1974 (Safety

Convention). The NPRM will streamline

ship inspection procedures for the

maritime services and preserve

maritime safety. The information

collected will be used to provide a

written record of the inspections of

radio equipment used to provide

distress and safety communications

capability during an emergency.

Because the safety of ship’s crew and

passengers during a disaster could be

jeopardized if radio communications

were not available, the Commission is

proposing that the inspecting technician

and the ship’s owner, operator or

captain each certify in the ship’s station

log that the vessel has passed a safety

inspection.

Initial Regulatory Flexibility Analysis

6. As required by Section 603 of the

Regulatory Flexibility Act, the

Commission has prepared an Initial

Regulatory Flexibility Analysis (IRFA)

of the expected impact on small entities

of the proposals contained in this

NPRM. We request written public

comment on the IRFA, which follows.

Comments must have a separate and

distinct heading designating them as

responses to the IRFA and must be filed

by the deadlines provided in paragraph

19 of the NPRM. The Secretary shall

send a copy of this NPRM, including the

IRFA, to the Chief Counsel for Advocacy

of the Small Business Administration in

accordance with paragraph 603(a) of the

Regulatory Flexibility Act. Public Law

96–354, 94 Stat. 1164, 5 U.S.C. 601–612

(1981).

A. Reason for Action

7. The Commission proposes to

require that ships subject to the

Communications Act or the Safety

Convention must have the required

inspection conducted by an FCClicensed technician.

B. Objectives

8. We seek to promote efficiency in

the Commission’s service to the public

and to encourage the use of private

sector organizations to take over

government operations wherever

possible.

C. Legal Basis

9. The proposed action is authorized

under Sections 4(i) and 303(r) of the

Communications Act, 47 U.S.C. 154(i)

and 303(r), and the Safety Convention

Chapter I, Regulation 6(a).

D. Reporting, Recordkeeping and Other

Compliance Requirements

10. Our proposed amendments to 47

CFR 80.802, 80.851, 80.903 and 80.1067

would require owners and operators of

vessels subject to the Communications

Act to use an FCC-licensed technician to

meet a current inspection requirement.

E. Federal Rules Which Overlap,

Duplicate or Conflict with These Rules

11. None.

F. Description, Potential Impact, and

Small Entities Involved

12. Use of the private sector to inspect

vessels subject to the Communications

Act or the Safety Convention would

allow better service to the owners and

operators of such vessels, many of

which are small businesses, and more

efficient use of scarce government

resources. It would additionally
Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Proposed Rules 21153

encourage the creation of jobs to inspect

approximately 1,110 vessels each year.

G. Any Significant Alternatives

Minimizing the Impact on Small Entities

Consistent with the Stated Objectives

13. None.

List of Subjects

47 CFR Part 0

Organization and functions

(Government agencies)

47 CFR Part 80

Communications equipment, Radio,

Reporting and recordkeeping

requirements.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 96–11612 Filed 5–8–96; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1300

[STB Ex Parte No. 528]

Disclosure, Publication, and Notice of

Change of Rates and Other Service

Terms for Rail Common Carriage

AGENCY: Surface Transportation Board.

ACTION: Notice of proposed rulemaking.

SUMMARY: The ICC Termination Act of

1995 (ICCTA) eliminated the tariff

requirements formerly applicable to rail

carriers, but imposed in lieu thereof

certain obligations to disclose common

carriage rates and service terms as well

as a requirement for advance notice of

increases in such rates or changes in

service terms. The ICCTA requires the

Board to promulgate regulations to

administer these new obligations by

June 29, 1996. The Board proposes to

add a new part 1300 to its regulations

for that purpose as set forth below.

DATES: Comments are due on June 10,

1996.

ADDRESSES: Send comments (an original

and 10 copies) referring to STB Ex Parte

No. 528 to: Surface Transportation

Board, Office of the Secretary, Case

Control Branch, 1201 Constitution Ave.,

N.W., Washington, DC 20423.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 927–5610. [TDD for

the hearing impaired: (202) 927–5721.]

SUPPLEMENTARY INFORMATION: The

Board’s decision discussing this

proposal is available to all persons for

a charge by phoning DC NEWS & DATA,

INC., at (202) 289–4357.

Request for Comments

We invite comments on all aspects of

the proposed regulations. Comments (an

original and 10 copies) must be in

writing, and are due on June 10, 1996.

Small Entities

The Board certifies that this rule, if

adopted, would not have a significant

economic effect on a substantial number

of small entities. Although many

railroads and shippers are small entities,

the Board believes that the costs of

compliance would be minimal. The

proposed rules should result in easier

access to rail rate and service

information, and to that extent, our

proposed action should benefit small

entities.

The Board seeks comment on whether

there would be effects on small entities

that should be considered.

Environment

This action will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.

List of Subjects in 49 CFR Part 1300

Agricultural products, Disclosure

requirement, Fertilizer, Notice

requirement, Publication requirement,

Rail carriers.

Decided: May 2, 1996.

By the Board, Chairman Morgan, Vice

Chairman Simmons, and Commissioner

Owen.

Vernon A. Williams,

Secretary.

For the reasons set forth in the

preamble and under the authority of 49

U.S.C. 721(a), title 49, chapter X of the

Code of Federal Regulations, is

proposed to be amended as follows:

SUBCHAPTER D—CARRIER RATES AND

SERVICE TERMS

1. The heading for Subchapter D is

revised as set forth above.

2. The undesignated center headings

for parts 1300–1319, parts 1320–1329,

and parts 1330–1339 are removed.

3. A new part 1300 is added to read

as follows:

PART 1300—DISCLOSURE,

PUBLICATION, AND NOTICE OF

CHANGE OF RATES AND OTHER

SERVICE TERMS FOR RAIL COMMON

CARRIAGE

Sec.

1300.1 Scope; definitions.

1300.2 Disclosure requirement for existing

rates.

1300.3 Response to request for

establishment of a new rate.

1300.4 Notice requirement.

1300.5 Additional publication requirement

for agricultural products and fertilizer.

Authority: 49 U.S.C. 721(a) and 11101(f).

§ 1300.1 Scope; Definitions.

(a) The provisions of this part address

the requirements imposed on rail

carriers by 49 U.S.C. 11101(b), 11101(c),

11101(d) and 11101(f).

(b) Except as otherwise provided in

this section, the provisions of this part

apply to any common carriage

transportation or service provided by a

rail carrier subject to the jurisdiction of

the Surface Transportation Board under

49 U.S.C. 10501.

(c) The provisions of this part do not

apply to any transportation or service

provided by a rail carrier under a

contract authorized under 49 U.S.C.

10709 or former 49 U.S.C. 10713.

(d) The provisions of this part do not

apply to any transportation or service

provided by a rail carrier to the extent

that such transportation or service is

exempted from rate notice and

disclosure requirements pursuant to an

exemption issued under 49 U.S.C.

10502 or former 49 U.S.C. 10505.

(e) For the purposes of this part,

service terms means all classifications,

rules, and practices that affect the rates,

charges, or level of service for rail

transportation.

§ 1300.2 Disclosure requirement for

existing rates.

(a) A rail carrier must disclose to any

person, upon formal request, the

specific rate(s) requested (or the basis

for calculating the specific rate(s)), as

well as all charges and service terms

that may be applicable to transportation

covered by that rate(s).

(b) The information provided by a rail

carrier under this section must be

provided immediately. Such

information may be provided either in

writing or in electronic form as agreed

to by the parties.

§ 1300.3 Response to request for

establishment of a new rate.

Where a shipper or a prospective

shipper requests that the carrier

establish a rate in the absence of an

appropriate applicable rate for

particular transportation, the carrier

must promptly establish and provide to

the requestor, in writing or in electronic

form as agreed to by the parties, an

appropriate rate and applicable service

terms. The response should be provided

as soon as reasonably possible, but no

later than 10 business days from receipt

of the request. If a carrier determines

that additional information is required

from the requester before a rate or term

can be established, the carrier must so

notify the requester as soon as possible,