FRA Random Test Rates

Federal Register / Vol. 64, No. 247 / Monday, December 27, 1999 / Rules and Regulations
Washington, DC 20240. You may also email the comments to this address:
[email protected]

Provision
Recipients of grants/cooperative
agreements and/or sub-awards are
encouraged to adopt and enforce on-the-job
seat belt use policies and programs for their
employees when operating company-owned,
rented, or personally owned vehicles. These
measures include, but are not limited to,
conducting education, awareness, and other
appropriate programs for their employees
about the importance of wearing seat belts
and the consequences of not wearing them.
End of Provision.

List of Subjects in 43 CFR Part 12
Administrative practice and
procedure, Contract programs,
Cooperative agreements, Grant
programs, Grants administration,
Reporting and recordkeeping
requirements.
Dated: December 13, 1999.
Robert J. Lamb,
Acting Assistant Secretary—Policy,
Management and Budget.

[FR Doc. 99–33165 Filed 12–23–99; 8:45 am]

PART 12—[AMENDED]

BILLING CODE 4310–RF–P

Accordingly, Part 12 of title 43 of the
Code of Federal Regulations is amended
as follows:
1. The authority citation for part 12 is
revised to read as follows:
Authority: 5 U.S.C. 301; 31 U.S.C. 6101
note, 7501; 41 U.S.C. 252a, 701 et seq; Pub.
L. 104–256, 110 Stat. 1396; sec. 501, Pub. L.
105–62, 111 Stat. 1338; sec. 503, Pub. L. 10562, 111 Stat. 1339; sec. 303, Pub. L. 105–83,
111 Stat. 1589; sec. 307, Pub. L. 105–83, 111
Stat.1590; E.O. 12549, 3 CFR, 1986 Comp., p.
189; E.O. 12674, 3 CFR, 1989 Comp., 215;
E.O. 12689, 3 CFR, 1989 Comp., p. 235; E.O.
12731, 3 CFR, 1990 Comp., p. 306; E.O.
13043, 62 FR 19217; 3 CFR, 1997 Comp., p.
195; OMB Circular A–102; OMB Circular A–
110; and OMB Circular A–133.

Subpart A—Administrative and Audit
Requirements and Cost Principles for
Assistance Programs
2. Section 12.2 is amended by adding
paragraph (e) to read as follows:
§ 12.2 What policies are financial
assistance awards and subawards in the
form of grants and cooperative agreements
subject to?

*

*
*
*
*
(e)(1) Executive Order 13043,
‘‘Increasing Seat Belt Use in the United
States,’’ dated April 16, 1997, do?
(i) If you are a Federal grantee:
You are encouraged to—
(A) Adopt and enforce on-the-job seat belt
use policies and programs for their
employees when operating company-owned,
rented, or personally-owned vehicles.
(B) Conduct education, awareness, and
other appropriate programs for their
employees about the importance of wearing
seat belts and the consequences of not
wearing them.

(2) When does the policy apply?
(i) If a grant or cooperative agreement is
being awarded by the bureau/office of the
Department—The policy applies.
(ii) If the recipient awards a grant or
cooperative agreement to a subrecipient—
The policy applies.

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08:09 Dec 23, 1999

(3) What term and condition will be
incorporated into the grant/cooperative
agreement or sub-award?

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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 219
[Docket No. RSOR–6; Notice No. 47 ]
RIN 2130–AA81

Alcohol and Drug Testing:
Determination of Minimum Random
Testing Rates for 2000
AGENCY: Federal Railroad
Administration (FRA), DOT.
ACTION: Notice of Determination.
SUMMARY: Using data from Management
Information System annual reports, FRA
has determined that the 1998 rail
industry random testing positive rate
was .82 percent for drugs and .21
percent for alcohol. Since the industrywide random drug testing positive rate
continues to be below 1.0 percent, the
Federal Railroad Administrator
(Administrator) has determined that the
minimum annual random drug testing
rate for the period January 1, 2000
through December 31, 2000 will remain
at 25 percent of covered railroad
employees. Since the random alcohol
testing violation rate has remained
below .5 percent for the last two years,
the Administrator has determined that
the minimum random alcohol testing
rate will be lowered to 10 percent of
covered railroad employees for the
period January 1, 2000 through
December 31, 2000.
DATES: This notice is effective December
27, 1999.
FOR FURTHER INFORMATION CONTACT:
Lamar Allen, Alcohol and Drug Program
Manager, Office of Safety Enforcement,
Mail Stop 25, Federal Railroad
Administration, 1120 Vermont Avenue,
N.W., Washington, D.C. 20005,
(Telephone: (202) 493–6313).

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SUPPLEMENTARY INFORMATION:

Administrator’s Determination of 2000
Random Drug and Alcohol Testing
Rates
In a final rule published on December
2, 1994 (59 FR 62218), FRA announced
that it will set future minimum random
drug and alcohol testing rates according
to the rail industry’s overall positive
rate, which is determined using annual
railroad drug and alcohol program data
taken from FRA’s Management
Information System. Based on this data,
the Administrator publishes a Federal
Register notice each year, announcing
the minimum random drug and alcohol
testing rates for the following year (see
49 CFR 602 and 608).
Under this performance-based system,
FRA may lower the minimum random
drug testing rate to 25 percent whenever
the industry-wide random drug positive
rate is less than 1.0 percent for two
calendar years while testing at 50
percent. (For both drugs and alcohol,
FRA reserves the right to consider other
factors, such as the number of positives
in its post-accident testing program,
before deciding whether to lower annual
minimum random testing rates.) FRA
will return the rate to 50 percent if the
industry-wide random drug positive rate
is 1.0 percent or higher in any
subsequent calendar year.
In 1994, FRA set the 1995 minimum
random drug testing rate at 25 percent
because 1992 and 1993 industry drug
testing data indicated a random drug
testing positive rate below 1.0 percent;
since then FRA has continued to set the
minimum random drug testing rate at 25
percent as the industry positive rate has
consistently remained below 1.0
percent. In this notice, FRA announces
that the minimum random drug testing
rate will stay at 25 percent of covered
railroad employees for the period
January 1, 2000 through December 31,
2000, since the industry random drug
testing positive rate for 1998 was .82
percent.
FRA implemented a parallel
performance-based system for random
alcohol testing. Under this system, FRA
may lower the minimum random
alcohol testing rate to 10 percent
whenever the industry-wide violation
rate is less than .5 percent for two
calendar years while testing at a higher
rate. FRA will raise the rate to 50
percent if the industry-wide violation
rate is 1.0 percent or higher in any
subsequent calendar year. If the
industry-wide violation rate is less than
1.0 percent but greater than .5 percent,
the rate will remain at 25 percent.
Random alcohol testing was fully
implemented at a 25 percent minimum

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Federal Register / Vol. 64, No. 247 / Monday, December 27, 1999 / Rules and Regulations

testing rate on January 1, 1996. In 1998,
the industry-wide violation rate for
alcohol was .21 percent. Since the
industry-wide violation rate for alcohol
has remained below .5 percent for the
last two years, FRA is lowering the
minimum random alcohol testing rate to
10 percent of covered railroad
employees for the period January 1,
2000 through December 31, 2000.
This notice sets the minimum random
testing rates required next year.
Railroads remain free, as always, to
conduct random testing at higher rates.
Issued in Washington, D.C. on December
20, 1999.
Jolene M. Molitoris,
Federal Railroad Administrator.
[FR Doc. 99–33401 Filed 12–23–99; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 991221344–9344–01; I.D.
121099A]
RIN 0648–AN44

Western Pacific Pelagic Fisheries;
Hawaii-based Pelagic Longline Area
Closure
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Emergency rule; notice of
closure; request for comments.
AGENCY:

SUMMARY: NMFS issues an emergency
rule to prohibit vessels registered for use
under a Hawaii longline limited access
permit from fishing with longline gear
within the area north of 28° N. lat. and
between 168° W. long. and 150° W.
long. NMFS is also prohibiting vessels
registered for use with receiving vessel
permits from receiving Pacific pelagic
management unit species harvested
with longline gear while those receiving
vessels are in the closed area. No vessel
may land or transship, shoreward of the
outer boundary of the EEZ, pelagic fish
harvested by longline gear in the closed
area. The closure is an interim measure
in response to the Order Setting Terms
of Injunction issued by the U.S. District
Court, District of Hawaii, dated
November 23, 1999. The intended effect
is to implement the court-ordered
closure and reduce adverse impacts to
sea turtles by curtailing activities of the
Hawaiian longline fishery while an

VerDate 15-DEC-99

08:09 Dec 23, 1999

Jkt 190000

environmental impact statement (EIS) is
being prepared.
DATES: This rule is effective 12:01 a.m.,
local time, December 23, 1999, through
12:01 a.m., local time, June 26, 2000.
Comments must be received no later
than 5:00 p.m., local time, on February
10, 2000.
ADDRESSES: Written comments on this
action must be mailed to Charles
Karnella, Administrator, NMFS, Pacific
Islands Area Office (PIAO), 1601
Kapiolani Blvd., Suite 1110, Honolulu,
HI 96814–4700; or faxed to 808–973–
2941. Comments will not be accepted if
submitted via e-mail or internet. Copies
of the environmental assessment
prepared for this action may be obtained
from Alvin Katekaru or Marilyn
Luipold, PIAO.
FOR FURTHER INFORMATION CONTACT:
Alvin Katekaru or Marilyn Luipold,
808–973–2937.
SUPPLEMENTARY INFORMATION: The
Hawaii-based longline fishery is
managed under the Fishery
Management Plan for the Pelagic
Fisheries of the Western Pacific Region
(FMP). The FMP was prepared by the
Western Pacific Fishery Management
Council (Council) and is implemented
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act) by regulations at 50 CFR part 660.
On October 6, 1999, NMFS
announced its intent to prepare an EIS
on management of the fishery for
pelagic species in waters of the
exclusive economic zone (EEZ) in the
Western Pacific Region. Additionally,
NMFS announced its intention to
prepare an environmental assessment
(EA) for that fishery. The scope of the
EA includes all activities related to the
conduct of the fishery for the 2-year
period NMFS anticipates is necessary to
prepare the EIS. Both the EIS and the
EA examine the impacts of pelagics
harvest on, among other things, sea
turtles and seabirds.
On November 23, 1999, the U.S.
District Court, District of Hawaii,
ordered NMFS to prohibit, within 30
days of the date of entry of the Order,
‘‘all activities of the Hawaii longline
fishery authorized by the Fishery
Management Plan for the Pelagic
Fisheries of the Western Pacific Region,
as amended, within the area
encompassed and bounded by the
following description: north of 28° N.
and between 168° W. and 150° W.’’ To
comply with the Court Order, NMFS is
implementing the Court-ordered closure
by emergency action. This action closes
an area to longline fishing that was the
source of approximately 30 percent of

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the revenue received from swordfish
landings and approximately 13 percent
of the total revenue from all species
landed by the Hawaii-based longline
fleet.
Accordingly, NMFS prohibits all
vessels registered for use under a
Hawaii longline limited access permit
from fishing with longline gear within
the area north of 28° N. lat. and between
168° W. long. and 150° W. long. NMFS
also prohibits vessels registered for use
with receiving vessel permits (issued
under the regulations at 50 CFR
660.21(c)) from receiving Pacific pelagic
management unit species harvested
with longline gear while those receiving
vessels are in the closed area. No vessel
may land or transship, shoreward of the
outer boundary of the EEZ, pelagic fish
harvested by longline gear in the closed
area.
The closure is being implemented by
emergency action under the authority of
section 305(c) of the Magnuson-Stevens
Act. Under 305(c)(3), the emergency
regulation may remain in effect for not
more than 180 days after the date of
publication, and may be extended for
one additional period of not more than
180 days. The emergency regulation
may also be terminated at an earlier
date.
Criteria for Issuing an Emergency Rule
This emergency rule meets NMFS
policy guidelines for the use of
emergency rules (62 FR 44421, August
21, 1997), because the emergency
situation results from recent, unforeseen
events, or recently discovered
circumstances. Also, it realizes
immediate benefits from the emergency
rule that outweigh the value of prior
notice, opportunity for public comment,
and deliberative consideration expected
under the normal rulemaking process.
Recent, Unforeseen Events or Recently
Discovered Circumstances
The Court-ordered closure was issued
November 23, 1999, and allows 30 days
for implementation. Emergency action is
necessary to comply with the Order and
implement the closure by December 23,
1999. To be effective by then, an
emergency rule is needed.
Immediate Benefits
This rule is not likely to have a
significant effect on tuna harvests.
Although there are many variables that
may confound accurate predictions
about the effects upon different sea
turtle species, NMFS anticipates the
closure will have a positive benefit on
sea turtles in general.

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