[Federal Register Volume 79, Number 51 (Monday, March 17, 2014)]
[Proposed Rules]
[Pages 14621-14630]
[FR Doc No: 2014-05653]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 120

[Docket No.: FAA-2012-1058; Notice No. 14-02]
RIN 2120-AK09

Drug and Alcohol Testing of Certain Maintenance Provider
Employees Located Outside of the United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Advance notice of proposed rulemaking (ANPRM).

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SUMMARY: The FAA is considering amending its drug and alcohol testing
regulations to require drug and alcohol testing of certain maintenance
personnel outside the United States. Specifically, the FAA is
considering requiring certain air carriers to ensure that all employees
of certificated repair stations, and certain other maintenance
organizations that are located outside the United States, who perform
safety-sensitive maintenance functions on aircraft operated by that air
carrier are subject to a drug and alcohol testing program that has been
determined acceptable by the FAA Administrator and is consistent with
the applicable laws of the country in which the repair station is
located. Safety-sensitive maintenance functions include aircraft
maintenance and preventive maintenance duties. This action is necessary
to address a statutory mandate. The FAA has determined that it needs
additional information to develop a proposed rule and assess its likely
economic impact. This notice invites comments on a variety of issues
related to proposing drug and alcohol testing requirements for the
relevant employees of covered maintenance providers.

DATES: Send comments on or before May 16, 2014.

ADDRESSES: Send comments identified by docket number FAA-2012-1058
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 USC 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy. http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Rafael Ramos, Office of Aerospace Medicine, Drug
Abatement Division, AAM-800, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
8442; facsimile<PHONE_NUMBER>; email<EMAIL_ADDRESS>    For legal questions concerning this action, contact Neal O'Hara,
Attorney, Regulations Division, AGC-240, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone<PHONE_NUMBER>.
    For cost and benefit questions concerning this action, contact
Nicole Nance, Office of Aviation Policy and Plans, APO-300, Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    See the ``Additional Information'' section for information on how
to comment on this ANPRM and how the FAA will handle comments received.
The ``Additional Information'' section also contains related
information about the docket, privacy, and the handling of proprietary
or confidential business information. In addition, there is information
on obtaining copies of related rulemaking documents.

Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in
title 49 of the United States Code (U.S.C.). Subtitle I, section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the Agency's
authority. In carrying out part A (Air Commerce and Safety) of subtitle
VII, the Administrator is directed to act consistently with obligations
of the United States Government under an international agreement and to
consider applicable laws and requirements of a foreign country. See 49
U.S.C. 40105(b)(1)-(2). Additionally, section 308(d)(2) of the FAA
Modernization and Reform Act of 2012 (the Act), 49 U.S.C. 44733
requires that:

    Not later than 1 year after the date of enactment of this
section, the [FAA] Administrator shall promulgate a proposed rule
requiring that all part 145 repair station employees responsible for
safety-sensitive maintenance functions on part 121 air carrier
aircraft are subject to an alcohol and controlled substances testing
program determined acceptable by the Administrator and consistent
with the applicable laws of the country in which the repair station
is located.\1\
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    \1\ Except when quoting the text of section 308 of the Act, the
FAA uses the term ``drug'' rather than ``controlled substance'' in
this ANPRM, because an illegal substance in the United States may be
legal to use in the country in which a covered maintenance provider
is located.

In 49 U.S.C. 44733(d)(2) Congress did not address employees of
maintenance providers located outside the United States that are not
certificated by the FAA. However, authorized persons performing safety-
sensitive maintenance functions on aircraft operated by part 121 air
carriers in accordance with 14 CFR 43.17 are substantially similar to
those employees of part 145 repair stations located outside the United
States for whom the FAA has been directed to propose drug and alcohol
testing. Because of their substantial similarity, under the authority
of 49 U.S.C. 44701(a)(5), which requires the Administrator to promote
the safe flight of civil aircraft in air commerce by prescribing
regulations and minimum standards for practices, methods, and
procedures that the Administrator finds necessary for safety in air
commerce and national security, we request comment on the application
of these requirements to this group/category of authorized persons.

I. Overview of Advance Notice of Proposed Rulemaking (ANPRM)

    The Act requires the FAA to propose alcohol and drug testing
requirements for employees of part 145 repair stations located outside
the United States who perform safety-sensitive maintenance functions on
aircraft operated by part 121 air carriers, as the FAA currently does
not require drug or alcohol testing for such personnel. Currently, as
required under 14 CFR part 120, employees performing aircraft
maintenance and preventive maintenance duties on part 121, 135 or
91.147 certificated air craft within the U.S. are required to be
subject to drug and alcohol testing. The FAA believes Congress intended
that preventive maintenance is a safety-sensitive maintenance function
as currently described under 14 CFR part 120, therefore safety-
sensitive maintenance functions include both aircraft maintenance and
preventive maintenance duties.\2\
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    \2\ Alcohol and drug testing of employees of part 145 repair
stations located in the United States who perform safety-sensitive
maintenance functions on aircraft operated by part 121 air carriers
is already required under 14 CFR part 120. The FAA does not
anticipate making any changes as part of this rulemaking to its drug
and alcohol testing requirements that apply to safety-sensitive
personnel within the United States.
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    While Congress did not address maintenance providers that are not
certificated by the FAA in 49 U.S.C. 44733(d)(2), authorized persons
performing safety-sensitive maintenance functions on aircraft operated
by part 121 air carriers in accordance with 14 CFR 43.17, are
substantially similar to the employees of part 145 repair stations in
other countries for whom the FAA must propose drug and alcohol testing.
Therefore, the FAA is also considering whether to require each part 121
air carrier to ensure that authorized persons performing safety-
sensitive maintenance functions on aircraft operated by that part 121
air carrier in accordance with 14 CFR 43.17, and is not also a
certificated part 145 repair station, are subject to drug and alcohol
testing programs that meet the same or similar requirements as programs
for their counterparts at part 145 repair stations located outside the
United States.
    Currently, there are approximately 120 part 145 repair stations
located outside the United States whose employees perform safety-
sensitive maintenance functions on aircraft operated by part 121 air
carriers. There are also organizations in one other country outside the
United States that are not part 145 repair stations, but whose
employees perform safety-sensitive maintenance functions on aircraft
operated by part 121 air carriers in accordance with 14 CFR 43.17.

II. Background

A. Statement of the Issue

    The FAA's drug and alcohol testing regulations, contained in 14 CFR
part 120, do not extend to companies or individuals who perform safety-
sensitive functions, including, but not limited to, aircraft
maintenance and preventive maintenance, outside of the United States.
They currently apply to all air carriers and operators authorized to
conduct operations under part 121 or part 135; all air traffic control
facilities not operated by the FAA or by or under contract to the U.S.
military; all air tour operators as defined in 14 CFR 91.147; and all
part 145 certificate holders and contractors who employ individuals who
perform, either directly or by contract, including subcontract at any
tier, any of the following safety-sensitive functions: Flight
crewmember duties, flight attendant duties, flight instruction duties,
aircraft dispatcher duties, aircraft maintenance and preventive
maintenance duties, ground security coordinator duties, aviation
screening duties, air traffic control duties. Additionally, the
regulations do not permit any part of the testing process, including
specimen collection, to be conducted outside the United States. As
described above, the Act requires that the FAA propose extending drug
and alcohol testing to employees of part 145 repair stations located
outside the United States who perform safety-sensitive maintenance
functions on part 121 air carrier aircraft in a manner consistent with
local laws.

B. International Civil Aviation Organization (ICAO) Standards and
Recommended Practices

    International Civil Aviation Organization (ICAO) standards do not
presently require ICAO Member States to establish (or direct industry
to establish) testing programs to deter or detect inappropriate drug
and alcohol use by aviation personnel with safety-sensitive
responsibilities. However, a number of ICAO standards and recommended
practices address misuse of drugs and alcohol by aviation personnel and
recognize the potential hazard that such misuse may pose to aviation
safety. For example, the recommended practice in paragraph <IP_ADDRESS> of
Annex 1 (Personnel Licensing) to the Convention on International Civil
Aviation (the ``Chicago Convention''), states that ICAO Member States
``. . . should ensure, as far as practicable, that all licen[s]e
holders who engage in any kind of problematic use of substances are
identified and removed from their safety-critical functions.'' ICAO
further recommends that ``[r]eturn to the safety-critical functions may
be considered after successful treatment or, in cases where no
treatment is necessary, after cessation of the problematic use of
substances and upon determination that the person's continued
performance of the function is unlikely to jeopardize safety.'' In
addition, the standard in paragraph 2.5 of Annex 2 (Rules of the Air)
to the Chicago Convention states that ``[n]o person whose function is
critical to the safety of aviation (safety-sensitive personnel) shall
undertake that function while under the influence of any psychoactive
substance, by reason of which human performance is impaired. No such
person shall engage in any kind of problematic use of substances.'' See
also paragraphs 1.2.6, 1.2.7, <IP_ADDRESS>, <IP_ADDRESS>, and <IP_ADDRESS> of Annex 1
to the Chicago Convention.

C. History

    The FAA's original drug testing rule, published in 1988 (53 FR
47024), required drug testing of certain aviation personnel, including
some that performed safety-sensitive functions outside the United
States. However, the effective date of the rule with respect to testing
outside the territory of the United States was deferred on a number of
occasions to permit related negotiations with governments and
international organizations to continue in an orderly and effective
fashion. In 1994, the FAA published two final rules related to drug and
alcohol testing. Alcohol Misuse Prevention Program for Personnel
Engaged in Specified Aviation Activities (59 FR 7380) established the
FAA's alcohol testing requirements. The alcohol testing rule was not
extended to employees located outside the territory of the United
States due to significant logistical issues and possible conflicts with
local laws. Anti-Drug Program for Personnel Engaged in Specified
Aviation Activities (59 FR 42922) amended certain provisions of the
existing FAA drug testing rules to comply with the requirements of the
Omnibus Transportation Employee Testing Act of 1991. The drug testing
requirements were not extended to employees located outside of United
States territory due to significant practical and legal concerns.
Rather, the rule specifically stated that no employee located outside
of the United States would be tested for drugs. Additionally, in 1994,
the FAA published a Notice of Proposed Rulemaking (NPRM), Antidrug
Program and Alcohol Misuse

Prevention Program for Employees of Foreign Air Carriers Engaged in
Specified Aviation Activities, to address requirements in the Omnibus
Transportation Employee Testing Act of 1991. This NPRM required foreign
air carriers operating into the U.S. to implement testing programs like
those required of U.S. air carriers unless ``multilateral action was
taken to support an international aviation environment free of
substance abuse''. However, in 2000, the FAA withdrew the NPRM stating,
``For the foregoing reasons, the FAA is withdrawing the rulemaking
proposed on February 15, 1994, and is leaving within the purview of
each government the method chosen to respond to the ICAO initiatives.
We will continue to view a multilateral response as the best approach
to evolving issues in the substance abuse arena. Should the FAA
subsequently determine, however, that the scope of the threat of
substance abuse is not being adequately addressed by the international
community, the FAA will take appropriate action, including the possible
re-initiation of this rulemaking.''

D. Related Actions

    Under 49 U.S.C. 44733(d)(1), Congress mandated that the Secretary
of State and the Secretary of Transportation, acting jointly, request
the governments of countries that are members of ICAO to establish
international standards for alcohol and drug testing of persons that
perform safety-sensitive maintenance functions on commercial air
carrier aircraft. The FAA strongly supports the development of such
international standards and believes that they would help deter and
detect drug and alcohol use that could compromise aviation safety.

III. Discussion of Proposals Under Consideration

    Although ICAO standards and many countries' aviation regulations
prohibit the use of drugs and alcohol by certain aviation personnel in
circumstances in which such use may threaten aviation safety, many
countries either do not require testing of such personnel to verify
compliance or do not extend such testing to maintenance personnel.
Congress, however, has now enacted legislation that requires the FAA to
propose a rule requiring that all Part 145 repair station employees
responsible for safety-sensitive maintenance functions on part 121 air
carrier aircraft, not just those in the United States, be subject to a
drug and alcohol testing program that is acceptable to the
Administrator and consistent with the applicable laws of the country in
which the repair station is located.
    The FAA is aware, however, that establishing drug and alcohol
testing requirements for such personnel presents complex practical and
legal issues and could impose potentially significant costs on
industry. Therefore, the FAA is issuing this ANPRM, rather than an
NPRM, to seek comments from the public, as well as interested
governments, to help inform the development of a proposed rule and the
analysis of its economic impact.
    The FAA expects to propose to allow the testing process to take
place outside the United States.\3\ Any part of the testing process
conducted outside the United States would need to be both acceptable to
the Administrator and permitted under the applicable laws and
regulations of the relevant foreign country or countries. The FAA
believes that it would be less expensive and logistically simpler to
conduct testing for the relevant employees of covered maintenance
providers in the country where the covered maintenance provider is
located or possibly in a nearby country.
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    \3\ For example, suitable laboratory facilities for analyzing
specimens would need to be available.
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    The FAA understands that other countries may have a wide variety of
laws and regulations concerning the use of and testing for alcohol and
drugs. The FAA further understands that other countries' laws and
regulations concerning other matters, such as personal privacy and
employment, may affect whether and under what circumstances drug and
alcohol testing may be conducted in those countries. Some countries
might need to pass authorizing legislation before they could permit
testing within their borders. The FAA also recognizes the diversity of
policy, moral, and religious views that exist internationally regarding
drug and alcohol use and testing.
    The FAA seeks input from the public and interested governments to
help inform the development of a proposed rule and the analysis of its
economic impact. In responding to the requests for comment below, the
FAA asks that commenters distinguish between responses relating to
alcohol testing and those relating to drug testing, if the same comment
does not apply to both.

A. Foreign Countries Laws and Regulations

    To help the FAA expand its understanding of the laws and
regulations of other countries that bear on drug and alcohol testing,
the FAA requests the information described below regarding countries in
which covered maintenance providers are located. It would be
particularly helpful to receive the requested information regarding the
countries' laws and regulations from the responsible government
authorities of the relevant country, although private parties are also
encouraged to provide information.
    A 1. Is drug and alcohol testing of any aviation personnel required
in that country, and, if so, for what categories of aviation personnel
(e.g., pilots, flight attendants, maintenance personnel, flight
dispatchers, others (please specify))?
    A 2. Please provide an explanation of laws and regulations on other
subjects, such as personal privacy or employment, which may affect the
permissibility of drug and alcohol testing in the country, the
circumstances under which such testing may be conducted, or the manner
in which it may be conducted. Please include information on which
categories of aviation personnel are subject to these requirements
(e.g., pilots, flight attendants, maintenance personnel, flight
dispatchers, others (please specify)). English language copies of the
applicable laws and regulations would be greatly appreciated.
    A 3. What types of testing are (a) permitted and (b) required under
the laws and regulations of the country? Please address the following
testing by type:
    a. Pre-employment testing;
    b. Random testing during employment;
    c. Periodic testing during employment;
    d. Testing based on a reasonable cause/suspicion that an employee
is under the influence of alcohol or drugs while performing a safety-
sensitive function or within a certain period of time before or after
performing such a function;
    e. Post-accident testing;
    f. Return-to-duty and follow-up testing of individuals who have
previously tested positive for alcohol or drugs;
    g. Any other drug or alcohol testing (please specify)?
    A 4. Should an FAA regulation include a provision to allow
regulated parties to apply for a waiver \4\ if any provision conflicts
with a foreign law or regulation? Please state the rationale for

why such a waiver provision should or should not be included.
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    \4\ Based on the waiver provision in the Office of the Secretary
of Transportation's non-discrimination on the basis of disability in
air travel regulations described in 14 CFR Sec.  382.9.
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B. Program Elements of Acceptable Drug and Alcohol Testing

    The FAA is considering addressing the program elements listed below
in establishing the criteria for determining whether a drug and alcohol
testing program is acceptable to the Administrator. Questions
associated with each program element are listed below.
    1. A defined set of circumstances under which testing is conducted
for alcohol and the most pervasive drugs of abuse in the relevant
country. Under the FAA's current domestic drug and alcohol testing
regulations for persons performing flight crewmember duties, flight
attendant duties, flight instruction duties, aircraft dispatcher
duties, aircraft maintenance and preventive maintenance duties, ground
security coordinator duties, aviation screening duties, air traffic
control duties testing is required in the following circumstances:
     Pre-employment (for drugs only);
     Randomly during employment;
     After an accident;
     If there is reasonable cause/suspicion to believe that an
individual is under the influence of alcohol or drugs while performing
safety-sensitive functions or within a certain period of time before or
after performing such functions;
     Return-to-duty testing and follow-up testing before and
after returning an employee to duty who previously tested positive for
alcohol or drugs or refused to submit to testing.
    B1. For a program to be found acceptable to the Administrator,
should the FAA require that testing be conducted under all of the above
circumstances for which it is required in the U.S.? If not, under what
circumstances should testing be required?
    2. Types of substances tested. 49 U.S.C. 44733(d)(2) requires that
the proposed rule include ``alcohol and controlled substances
testing''. The substances that are tested in the United States include
alcohol, marijuana, cocaine, opiates, phencyclidine (PCP), and
amphetamines. The FAA recognizes that the drugs of concern in other
countries may vary depending upon conditions in those countries.
Therefore, the FAA poses the following questions:
    B2a. Should an acceptable program require testing for, at a
minimum, the drugs for which the FAA requires testing in the United
States? If not, please provide information on which drugs should be
tested for, at a minimum, to constitute an acceptable program.
    B2b. At what concentrations should a test for alcohol, drugs, or
their metabolites be considered positive? Should an acceptable program
identify set ceiling concentrations above which tests must be
considered positive? If so, what should those levels be?
    3. A mechanism that is an effective deterrent to drug and alcohol
misuse. The FAA views random testing as an effective deterrent because
there is an element of surprise. Employees subject to random testing
receive little notice before they must report for testing. Other
countries or industry may have developed other effective methods of
deterrence and some countries may prohibit or significantly restrict
the use of random testing. The FAA poses the following questions with
respect to this potential program element:
    B3a. Does the country allow or require random drug and/or alcohol
testing? If so, please describe the process.
    B3b. If the country does not allow or require random drug and/or
alcohol testing, are there laws to prohibit random testing?
    B3c. If random testing is not allowed in a given country, what
other methods could be used to successfully deter employees from
misusing drugs or alcohol while performing safety-sensitive duties or
within a certain period of time before performing such duties? How
would such misuse be detected?
    4. Procedures that ensure the integrity, identity, and proper
analysis of the collected specimen to ensure accuracy of the test
result. In the United States, the U.S. Department of Transportation has
adopted a chain-of-custody process developed by the U.S. Department of
Health and Human Services (HHS) to document the handling and storage of
a specimen from the time it is collected until the time it is released
to the testing facility. This process, coupled with the FAA's
requirement that testing programs in the United States use a laboratory
certified by HHS, helps ensure the accuracy of testing results. The FAA
poses the following questions with respect to this potential program
element:
    B4a. What testing methods, if any, in addition to those currently
permitted under part 120, should be permitted in programs outside the
United States?
    B4b. What standards should personnel and laboratories or other
facilities in foreign countries be required to meet? Please address the
following matters:
     Personnel qualifications;
     Measures to prevent adulteration, substitution, or
mistaken identification of specimens;
     Measures to ensure drug and alcohol testing information is
only released to authorized persons;
     Measures to determine whether there is a legitimate
medical explanation for a positive test result;
     Other relevant considerations (please specify).
    B4c. HHS-certified laboratories are not available outside the
United States; therefore, should a program be acceptable if it allows
the use of other laboratories that have been certified by DOT, another
regulatory authority, or international organization as meeting
equivalent or more stringent international standards?
    5. A means of ensuring that an employee who returns to work [after
violating the law] is no longer misusing alcohol or drugs. If an
employee who violated the drug or alcohol regulations is permitted to
return to work, it is important to have a means for ensuring that the
employee is no longer misusing alcohol or drugs and a means of
detecting such misuse if it recurs after the employee returns to
safety-sensitive duties. The return-to-duty process in the United
States is described in the Department of Transportation's regulations
at 49 CFR part 40, subpart O. The FAA poses the following questions
with respect to this potential program element:
    B5a. What are the minimum standards that employees who have
violated drug and alcohol regulations should meet before they return to
performing safety-sensitive maintenance functions?
    B5b. If follow-up testing is not permitted, what other methods
would ensure that an employee who has previously tested positive for
alcohol or drugs does not misuse them again after returning to safety-
sensitive duties?

C. Existing Drug and Alcohol Testing Programs in Other Countries

    The FAA recognizes that existing drug and alcohol testing programs
in other countries may take various forms and must comply with the
applicable laws and regulations of those countries. In some countries,
drug and alcohol testing programs may be established by industry in
accordance with regulations promulgated by a government agency, as is
the case in the United States. In others, a government agency may
administer a national drug and alcohol testing program. In yet others,
industry participants may have voluntarily established drug and alcohol
testing programs as a good business practice or for competitive
advantage in the

marketplace without being required to do so. In addition to the
information provided in part B above, the FAA requests the information
described below about existing drug and alcohol testing programs in
other countries, whether legally mandated or voluntarily established.
The FAA is interested in both nationwide information for other
countries and information pertaining to the testing programs of
specific companies or the members of an association:
    C 1. Which drugs are most pervasively misused in the country?
Please provide data to support this answer.
    C 2. Are testing programs in the country:
    a. Administered by a national regulatory authority;
    b. Required to be established by industry participants under that
country's laws and regulations;
    c. Voluntarily established by industry participants;
    d. Other (please specify)?
    C 3. Please describe the process that is followed after an
employee's drug test is confirmed positive or alcohol concentration is
confirmed to be above the permitted limit, including at what point an
individual would be removed from safety-sensitive duty.
    C 4. If the country allows drug or alcohol testing, what
protections does the country's legal system provide for the employee?
    C 5. What are the potential consequences in that country,
including, but not limited to, enforcement action by the relevant
government authority, when an individual who performs safety-sensitive
aviation duties tests positive for alcohol or drugs?

D. Miscellaneous

    D 1. Should the FAA include within the scope of a proposed rule all
authorized persons performing safety-sensitive maintenance functions on
aircraft operated by part 121 air carriers in accordance with 14 CFR
43.17 ? Please include the rationale for why such personnel should or
should not be subject to testing in any comment.

IV. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
that each Federal agency shall propose or adopt a regulation only upon
a reasoned determination that the benefits of the intended regulation
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub.
L. 96-354) requires agencies to analyze the economic impact of
regulatory changes on small entities. Third, the Trade Agreements Act
(Pub. L. 96-39) prohibits agencies from setting standards that create
unnecessary obstacles to the foreign commerce of the United States. In
developing U.S. standards, this Trade Act requires agencies to consider
international standards and, where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4) requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a Federal mandate likely to result in the expenditure by State,
local, or tribal governments, in the aggregate, or by the private
sector, of $100 million or more annually (adjusted for inflation with
base year of 1995). This portion of the preamble summarizes the FAA's
questions about the economic impacts of a future proposed rule.
    Congress mandated that the FAA propose a rule requiring that all
employees of part 145 repair stations who perform safety-sensitive
maintenance functions on part 121 air carriers' aircraft be subject to
an alcohol and drug testing program that has been determined acceptable
by the Administrator and is consistent with the applicable laws of the
country in which the repair station is located. This mandate requires
the FAA to propose drug and alcohol testing for employees of part 145
repair stations located outside the United States who perform safety-
sensitive maintenance functions on aircraft operated by part 121 air
carriers. The FAA understands that the implementation of such a
regulation would impose costs on industry, the FAA, and perhaps other
parties.
    The FAA might also extend this testing requirement to include all
authorized persons performing safety-sensitive maintenance functions on
aircraft operated by part 121 air carriers in accordance with 14 CFR
Sec.  43.17. It is very difficult, however, for the FAA to reliably
estimate such costs at this time, given the limited information about
other countries' relevant laws and regulations, existing drug and
alcohol testing programs in other countries, the actual and potential
costs associated with conducting drug and alcohol testing in other
countries (which is expected to vary), the cost of establishing testing
programs in countries where they do not currently exist, and other
relevant information. To help gauge the economic impact of a proposed
rule, the FAA is requesting information from industry, as well as from
the government of countries as described below. For all cost questions
in this ``Regulatory Notices and Analyses'' section, please note who
bears or would bear the costs (e.g., the employee; the air carrier for
whom work is performed; the covered maintenance provider, a regulatory
authority, other (please specify)) in any response provided.
    In January 2006, the FAA issued a final rule entitled Antidrug and
Alcohol Misuse Prevention Programs for Personnel Engaged in Specified
Aviation Activities (71 FR 1666). That rule amended the FAA's
regulations governing drug and alcohol testing in the United States to
clarify that each person who performs a safety-sensitive function for a
regulated employer by contract, including by subcontract at any tier,
is subject to testing. Consequently, the regulatory evaluation for that
final rule (hereinafter referred to as the ``2005 Regulatory
Evaluation''), which was published in Docket No.: FAA-2002-11301,
addresses costs associated with drug and alcohol testing in the United
States.
    The FAA is providing information from the 2005 Regulatory
Evaluation to provide the public with an understanding of the types and
level of detail of information needed to accurately estimate the
economic impact of a rule for drug and alcohol testing of employees of
covered maintenance providers who perform safety-sensitive maintenance
functions on aircraft operated by part 121 air carriers. The FAA
understands that the costs associated with drug and alcohol testing are
likely to be different outside the United States and may vary from
country to country. The FAA also understands that the specific details
of drug and alcohol testing programs likely vary from country to
country; however, the FAA expects that, for any drug and alcohol
testing program, there will be costs associated with the testing
process, training and education, developing and maintaining a testing
program, and keeping (and possibly submitting) any documentation that
may be required by national regulatory authorities or as part of a
voluntary program's policies. The FAA requests that commenters also
provide information about any other costs that may be relevant. The FAA
is interested in data at the national level, from the members of
associations, and from specific companies' programs. There were a
number of basic assumptions that the FAA made in the 2005 Regulatory
Evaluation. The FAA assumed the following:

     Maintenance providers affected by that rule would develop
and implement their own programs, instead of being covered under
another company's program or using a service agent with already-
established procedures.
     An additional 2.5% of maintenance workers would be subject
to the antidrug and alcohol misuse prevention programs under that rule.
     The number of employees in the maintenance sector grows at
1.5% per year.
     There would be two supervisors per contractor and that the
attrition rate for mechanics was approximately 10% per year.
    The FAA requests comments on these assumptions.
    The FAA also assumed the following values:
     Price of a drug test--$45;
     Price of an alcohol test--$34;
     Time for a drug test (hours)--0.75;
     Time for an alcohol test (hours)--0.75;
     One instructor for every 20 supervisors and/or employees
to be trained
     Maintenance employee salary--$33.07/hour;
     Maintenance supervisor salary--$39.68/hour;
     Instructor--$36.37/hour;
     Clerical--$18.62/hour;
    The FAA requests comments on these assumptions.
Testing Costs
    All employees who are subject to drug and alcohol testing under FAA
regulations in the United States are subject to the following types of
tests: pre-employment (for drugs only), random, post-accident,
reasonable cause/suspicion, return-to-duty, and follow-up. The 2005
Regulatory Evaluation considered the cost of testing to include the
actual cost of the test, as well as the cost of the employee's time.
    Please answer the following questions.
    RE 1. For each year of the last 10 years, please provide the number
of (a) drug and (b) alcohol tests conducted on aviation personnel who
perform safety-sensitive functions and the number of positive tests,
regardless of whether maintenance personnel are currently tested under
the particular program described. If maintenance personnel are
currently tested, please provide the number of (a) drug and (b) alcohol
tests conducted on maintenance personnel that perform safety-sensitive
functions and the number of positive tests for such personnel
separately. For an example of the type of data that the FAA seeks, see
the table below from the 2005 Regulatory Evaluation.
[GRAPHIC] [TIFF OMITTED] TP17MR14.004

    RE 2. What types of testing are required for (a) drugs and (b)
alcohol (e.g., pre-employment, post-accident, reasonable cause/
suspicion, random, return-to-duty, follow-up, other (please specify))?
    RE 3. What types of personnel are subject to (a) drug and (b)
alcohol testing in the relevant country, company, or among the members
of the association (e.g., pilots, flight attendants, air traffic
controllers, flight dispatchers, maintenance personnel, other (please
specify))?
    RE 4. Is drug and alcohol testing currently conducted in the
relevant country? If not, how would a requirement to drug and alcohol
test be met (i.e. travel to a different country, implement a testing
program within the relevant country, or other (please specify))? If
traveling to another country, what is the distance from the relevant
country? How much time will be spent traveling?
    RE 5. What is the cost of (a) the drug test and (b) the alcohol
test per person? Do or would the costs differ for different categories
of tests (i.e., pre-employment, post-accident, reasonable cause/
suspicion, random, periodic, return-to-duty, follow-up, or other
(please specify))? How long does it take for an employee to complete
each of these tests? If screening tests for (a) drugs or (b) alcohol
are or would be conducted, followed by confirmatory testing when the
screening test is positive, what are or would be the costs associated
with conducting (a) the screening test and (b) the confirmatory test?
    RE 6. How many maintenance personnel in the relevant country or in
a particular company or group of companies perform safety-sensitive
maintenance functions? How many of them perform safety-sensitive
maintenance functions on aircraft operated by part 121 air carriers
(and are not directly employed by such air carriers)? How many are
subject to drug and alcohol testing?
    RE 7. How many new employees are hired to perform safety-sensitive
maintenance functions per year? How many maintenance employees who
perform safety-sensitive functions leave per year? The FAA will need to
be able to estimate testing costs in future years. See the table below
for an example from the 2005 Regulatory Evaluation.

[GRAPHIC] [TIFF OMITTED] TP17MR14.005

    RE 7. What is or would be the annual cost per person of each
category of staff required to conduct testing (collection personnel,
laboratory personnel, other (please specify))?
Training and Education Costs
    In the United States, for each drug and alcohol testing program,
the employer must train employees and supervisors on the effects and
consequences of drug use on personal health, safety, and work
environment, as well as the manifestations and behavioral cues that may
indicate drug use and abuse. The regulations do not specify the amount
of time associated with this training; in the 2005 Regulatory
Evaluation, the FAA assumed 30 minutes.
    Under current regulations, supervisors who will make reasonable
cause/suspicion determinations must receive at least 60 minutes for
each program (for a total of 120 minutes). Supervisors must also
receive recurrent training under the FAA's drug testing rules. The
rules do not say when the recurrent training must occur or how long it
must be; however, the FAA recommends recurrent training every 12 to 18
months and that it include an element on alcohol testing. For the 2005
Regulatory Evaluation, the FAA assumed that the recurrent training
occurs every 12 months and takes 60 minutes.
    Please answer the following questions.
    RE 8. What are or would be the initial and recurrent training and
education costs, on a per person basis? For:
    a. Employees subject to testing,
    b. Supervisors,
    c. Persons authorized to determine whether there is reasonable
cause/suspicion to believe that an employee may be under the influence
of alcohol or drugs while performing, or within a certain amount of
time before or after performing, a safety-sensitive function and that
the employee should be tested on that basis,
    d. Specimen collectors,
    e. Persons responsible for analyzing specimens for alcohol, drugs,
or their metabolites,
    f. Persons involved in determining or recommending the appropriate
course of treatment and/or education for an employee who has tested
positive for drugs or alcohol,
    g. Other personnel involved in the drug or alcohol testing program
(please specify)?
    RE 9. How many personnel in category (g) of question RE8 receive or
would receive (1) initial and (2) recurrent training and/or education
annually?
    RE 10. What was or would be the cost of developing any necessary
training program initially, including materials, and what is or would
be the annual cost, including materials, of maintaining it? What types
of training materials are or would be required?
    RE 11. What are or would be the annual costs of the staff required
to conduct training? How many staff would be required to conduct
training?

    RE 12. How often is/must/would recurrent training be conducted?
Program Development and Maintenance Costs
    Under the rule for which the 2005 Regulatory Evaluation was
conducted, it was assumed that each affected maintenance provider would
have to devote resources to developing drug and alcohol testing
programs. In addition, each affected maintenance provider would have to
spend time to produce information required to either obtain an
operations specification for its part 145 certificate or register its
drug and alcohol program with the FAA. At the FAA, the submitted
information would have to be processed and entered into the appropriate
database.
    In calculating program development costs in the 2005 Regulatory
Evaluation, the FAA assumed 16 hours for start-up program development.
The FAA estimated that, for affected maintenance providers that chose
to register with the FAA, it would take each one 20 minutes at $21 per
hour to gather the required information and submit it to the FAA. At
the FAA, the submitted information has to be processed. In the 2005
Regulatory Evaluation, the FAA estimated that an administrative
assistant, an FG-7 being paid at about $25.00 per hour, would enter
this information into a database. The FAA assumed that administrative
assistants would need 10 minutes to input the information.
    Please answer the following questions.
    RE 13. How much would it cost (besides training costs already
addressed above or cost to do the actual testing) to develop a drug and
alcohol testing program? What would be the annual program maintenance
costs (besides training costs already addressed above)? What items are
included in both of these types of costs?
    RE 14. Is the drug and alcohol testing program regulated by an
agency of a government? If so, how much time per year is required to
prepare and maintain required documentation and submit information to
the responsible regulatory authority? What information items must be
submitted? How long does it take for the company to gather this
information? How long does it take for the responsible regulatory
authority to process the submission? Who at the responsible regulatory
authority processes these submissions?
    RE 15. How many submissions must be made per year?
    RE 16. What are or would be the costs of staff required to evaluate
employees who have tested positive for drugs or alcohol and to provide
any needed education and/or treatment? What would the cost of treatment
be, in terms of employees time and opportunity cost? How many such
staff would be needed? What are or would be the other costs associated
with any program of treatment and/or education?
    RE 17. What are or would be the costs for a laboratory in the
relevant country to obtain HHS, its equivalent, or more stringent
certification, including both fees and the costs of any actions that
would need to be taken to meet the applicable certification standards?
Please specify the certification standards being used as a point of
reference in any comments.
    RE 18. Is shipping specimens to an existing HHS-certified or DOT
approved laboratory a reasonable alternative? What would be the costs
associated with packaging and shipping specimens to one of the existing
HHS-certified laboratories for testing?
Annual Documentation Costs
    The FAA's drug testing regulations require each company to document
both the initial and recurrent training for supervisory personnel who
make reasonable cause determinations. In the 2005 Regulatory
Evaluation, the FAA assumed that the cost of this documentation is
about $1.30 per record, which included record creation, filing, and
storage. The same sort of documentation is needed for the supervisors
who determine whether reasonable suspicion exists concerning probable
alcohol misuse. The FAA assumed the cost of this documentation is also
about $1.30 per record. The FAA's existing regulations require
documentation of such things as:
     Training of employees in the requirements of the antidrug
program;
     All reasonable cause/suspicion cases;
     If a post-accident alcohol test is not administered within
2 hours following the accident, the reasons the test was not promptly
administered;
     If a post-accident alcohol test is not administered within
8 hours following the accident, the reasons the test was not promptly
administered;
     Refusal to submit to a required drug or alcohol test (the
company must also notify the FAA); and
     Medical Review Officer (MRO) reports of verified positive
drug test results for employees holding airman medical certificates
issued by the FAA under 14 CFR part 67. (Both the MRO and the company
must also notify the FAA.)
    Please answer the following questions.
    RE 19. What are or would be the annual recordkeeping or other
documentation costs associated with the drug and/or alcohol testing
program?
    RE 20. Who maintains or would maintain any required documentation
(e.g., employer, government agency, other (please specify))?
    RE 21. What documentation is or would be required to be maintained
by and/or submitted to the responsible regulatory agency? How much time
would be needed to prepare and/or submit the documentation?
    RE 22. What is the format for recordkeeping?
Accident Prevention Benefits
    The FAA indicated in the 2005 Regulatory Evaluation that it
believed it was possible that illegal drug use or alcohol misuse by
members of the aviation community may have contributed to additional
accidents or incidents. The FAA acknowledged the fact that there had
not been any aviation accidents directly attributed to a maintenance
worker misusing or abusing drugs or alcohol.\5\ However, as the table
below shows, maintenance employees had among the highest positive rates
on alcohol and drug tests among aviation-related employees, so the
connection between illegal drug use and alcohol misuse and maintenance-
related accidents certainly could exist. The FAA stated that it was
important to note that not only are maintenance workers rarely tested
after an accident (only 0.05% and 0.09% of maintenance workers are
administered post-accident alcohol and drug tests, respectively), but
it would be difficult to directly tie poor maintenance work, due to
inappropriate drug use or alcohol misuse, to an accident that may occur
weeks or months later, particularly with the widespread use of contract
workers at many different tiers.
---------------------------------------------------------------------------

    \5\ That analysis was limited to maintenance workers because
that was the population affected by that rulemaking.

---------------------------------------------------------------------------

[GRAPHIC] [TIFF OMITTED] TP17MR14.006

    The 2005 Regulatory Evaluation indicated that, while there had been
no documented aviation accidents in the United States in the time
period analyzed that were directly attributed to misuse or abuse of
drugs or alcohol by maintenance personnel, the FAA believed it was
possible that such misuse or abuse may have contributed to aviation-
related accidents. The FAA believed it was prudent to base the
estimated benefits of the final rule on avoiding one part 135 accidents
over the next 10 years, thus avoiding a total of 5 fatalities and a
destroyed or damaged airplane. The FAA estimated the benefits of
avoided fatalities at $15 million. This number of accidents,
fatalities, and destroyed airplanes was less than 1% of all
maintenance-related accidents that had occurred; the FAA considered
these benefits to be reasonable. The total benefits in the 2005
regulatory evaluation were calculated by assuming an equally likely
chance of avoiding these accidents in each of the next 10 years. Total
benefits summed to $15.07 million ($10.59 million, discounted).
    Please answer the following questions.
    RE 22. What benefits has the relevant country/company seen from
drug and alcohol testing?
    RE 23. Are you aware of any accidents in which drug or alcohol
misuse by safety-sensitive aviation personnel (e.g. pilots, flight
attendants, maintenance personnel, air traffic controllers, flight
dispatchers, other (please specify)) may have caused or contributed to
the accident? Please describe the circumstances and identify the type
of safety-sensitive personnel whose drug or alcohol misuse may have
caused or contributed to the accident. Were there any fatalities,
injuries, or damage to aircraft? If so, please describe. How many
confirmed positive drug and alcohol tests occur annually in the
country/company?
    RE 24. Have industry participants experienced a savings in
insurance premiums as a result of drug and alcohol testing?

B. International Compatibility

    In keeping with the United States' obligations under the Chicago
Convention, it is FAA policy to conform to ICAO Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that exactly correspond to the regulations being considered for
proposal, as ICAO neither requires nor recommends that Member States
implement testing of aviation personnel with safety-sensitive
responsibilities for alcohol or drugs. As discussed in the Background
section of this preamble, however, there are a number of ICAO standards
and recommended practices that address the misuse of drugs and alcohol
by such personnel and recognize the potential hazard that such
substance misuse may pose to aviation safety.

C. Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this ANPRM qualifies for the categorical exclusion
identified in paragraph 312d and involves no extraordinary
circumstances.

V. Executive Order Determinations

A. Executive Order 12866, Regulatory Planning and Review, Executive
Order 13563, Improving Regulation and Regulatory Review and DOT
Regulatory Policies and Procedures

    The FAA is soliciting comments on the potential costs and benefits
of the initiatives in the ANPRM. This ANPRM has been drafted and
reviewed in accordance with Executive Order 12866 and Executive Order
13563. This ANPRM has been reviewed by the Office of Management and
Budget and is considered ``significant'' under the Department of
Transportation's Regulatory Policies and Procedures.

B. Executive Order 13132, Federalism

    The FAA has analyzed this ANPRM under the principles and criteria
of Executive Order 13132, Federalism. The agency has determined that
this action would not have a substantial direct effect on the States,
or the relationship between the Federal Government and the States, or
on the distribution of power and responsibilities among the various
levels of government, and, therefore, would not have Federalism
implications.

C. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use

    The FAA analyzed this ANPRM under Executive Order 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
would not be a ``significant energy action'' under the executive order
and likely would not have a significant adverse effect on the supply,
distribution, or use of energy.

VI. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The Agency
also invites comments relating to the economic, environmental, energy,
or federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, or a

specific question posed by the FAA, and fully explain the rationale for
any comment, include supporting data, if applicable. To ensure the
docket does not contain duplicate comments, commenters should send only
one copy of written comments, or if comments are filed electronically,
commenters should submit only one time. The FAA requests that all
comments be submitted in English.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this ANPRM. Before acting on this ANPRM, the FAA
will consider all comments it receives on or before the closing date
for comments. The FAA will consider comments filed after the comment
period has closed if it is possible to do so without incurring expense
or delay. The Agency may change its potential proposals in light of the
comments it receives.
    Proprietary or Confidential Business Information: Do not file
proprietary or confidential business information in the docket. Such
information must be sent or delivered directly to any of the persons
identified in the FOR FURTHER INFORMATION CONTACT section of this
document, and marked as proprietary or confidential. If submitting
information on a disk or CD ROM, mark the outside of the disk or CD
ROM, and identify electronically within the disk or CD ROM the specific
information that is proprietary or confidential.
    Under 14 CFR 11.35(b), if the FAA is aware of proprietary
information filed with a comment, the Agency does not place it in the
docket. It is held in a separate file to which the public does not have
access, and the FAA places a note in the docket that it has received
it. If the FAA receives a request to examine or copy this information,
it treats it as any other request under the Freedom of Information Act
(5 U.S.C. 552). The FAA processes such a request under Department of
Transportation procedures found in 49 CFR part 7.

B. Availability of Rulemaking Documents

    Electronic copies of rulemaking documents may be obtained from the
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies or
    3. Accessing the Government Printing Office's Federal Digital
System at http://www.gpo.gov/fdsys/.
    Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling<PHONE_NUMBER>.
Commenters must identify the docket or notice number of this
rulemaking.
    All documents the FAA considered in developing this ANPRM,
including economic analyses and technical reports, may be accessed from
the Internet through the Federal eRulemaking Portal referenced in item
(1) above.

    Issued in Washington, DC, under the authority set forth in 49
U.S.C. 44733 on: March 5, 2014.
James R. Fraser,
Federal Air Surgeon.
[FR Doc. 2014-05653 Filed 3-14-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 79 (Wednesday, April 24, 2013)]
[Notices]
[Pages 24293-24296]
[FR Doc No: 2013-09691]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No FMCSA-2011-0097]

Pilot Program on NAFTA Trucking Provisions

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

ACTION: Notice; request for public comment.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces and requests public comment on data and
information concerning the Pre-Authorization Safety Audit (PASA) for
RAM Trucking SA de CV (RAM) with U.S. Department of Transportation
(USDOT) number 2063285, which applied to participate in the Agency's
long-haul pilot program to test and demonstrate the ability of Mexico-
domiciled motor carriers to operate safely in the United States beyond
the municipalities in the United States on the United States-Mexico
international border or the commercial zones of such municipalities.
This action is required by the ``U.S. Troop Readiness, Veterans' Care,
Katrina Recovery, and Iraq Accountability Appropriations Act, 2007''
and all subsequent appropriations.

DATES: Comments must be received on or before May 6, 2013.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2011-0097 by any one of the following
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, (M-30), U.S. Department
of Transportation (DOT), 1200 New Jersey Avenue SE., West Building,
Ground Floor, Room 12-140, Washington, DC 20590-0001.
     Hand Delivery: Same as mail address above, between 9 a.m.
and 5 p.m., ET, Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
All submissions must include the Agency name and docket number for this
notice. See the ``Public Participation'' heading below for instructions
on submitting comments and additional information.
    Note that all comments received, including any personal information
provided, will be posted without change to http://www.regulations.gov.
Please see the ``Privacy Act'' heading below.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time or to
Room W12-140 on the ground floor of the DOT Headquarters Building at
1200 New Jersey Avenue SE., Washington, DC, 20590, between 9 a.m. and 5
p.m., ET, Monday through Friday, except Federal holidays.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
Privacy Act System of Records Notice for the DOT Federal Docket
Management System published in the Federal Register on January 17, 2008
(73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.
    Public Participation: The http://www.regulations.gov Web site is
generally available 24 hours each day, 365 days each year. You can get
electronic submission and retrieval help and guidelines under the
``help'' section of the http://www.regulations.gov Web site. Comments
received after the comment closing date will be included in the docket,
and will be considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Marcelo Perez, FMCSA, North American
Borders Division, 1200 New Jersey Avenue SE., Washington, DC 20590-
0001. Telephone<PHONE_NUMBER> Ext. 228; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    On May 25, 2007, the President signed into law the U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (the Act), (Pub. L. 110-28, 121 Stat. 112,
183, May 25, 2007). Section 6901 of the Act requires that certain
actions be taken by the Department of Transportation (the Department)
as a condition of obligating or expending appropriated funds to grant
authority to Mexico-domiciled motor carriers to operate beyond the
municipalities in the United States on the United States-Mexico
international border or the commercial zones of such municipalities
(border commercial zones).
    On July 8, 2011, FMCSA announced in the Federal Register [76 FR
40420] its intent to proceed with the initiation of a U.S.-Mexico
cross-border long-haul trucking pilot program to test and demonstrate
the ability of Mexico-domiciled motor carriers to operate safely in the
United States beyond the border commercial zones as detailed in the
Agency's April 13, 2011, Federal Register notice [76 FR 20807]. The
pilot program is a part of FMCSA's implementation of the North American
Free Trade Agreement (NAFTA) cross-border long-haul trucking provisions
in compliance with section 6901(b)(2)(B) of the Act. FMCSA reviewed,
assessed, and evaluated the required safety measures as noted in the
July 8, 2011, notice and considered all comments received on or before
May 13, 2011, in response to the April 13, 2011, notice. Additionally,
to the extent practicable, FMCSA considered comments received after May
13, 2011.
    In accordance with section 6901(b)(2)(B)(i) of the Act, FMCSA is
required to publish in the Federal

Register, and provide sufficient opportunity for public notice and
comment comprehensive data and information on the PASAs conducted of
motor carriers domiciled in Mexico that are granted authority to
operate beyond the border commercial zones. This notice serves to
fulfill this requirement.
    FMCSA is publishing for public comment the data and information
relating to one PASA that was completed on August 8, 2012. FMCSA
announces that the Mexico-domiciled motor carrier in Table 1
successfully completed the PASA. Notice of this completion was also
published in the FMCSA Register.
    Tables 2, 3 and 4 all titled (``Successful Pre-Authorization Safety
Audit (PASA) Information'') set out additional information on the
carrier(s) noted in Table 1. A narrative description of each column in
the tables is provided as follows:
    A. Row Number in the Appendix for the Specific Carrier: The row
number for each line in the tables.
    B. Name of Carrier: The legal name of the Mexico-domiciled motor
carrier that applied for authority to operate in the United States
(U.S.) beyond the border commercial zones and was considered for
participation in the long-haul pilot program.
    C. U.S. DOT Number: The identification number assigned to the
Mexico-domiciled motor carrier and required to be displayed on each
side of the motor carrier's power units. If granted provisional
operating authority, the Mexico-domiciled motor carrier will be
required to add the suffix ``X'' to the ending of its assigned U.S. DOT
Number for those vehicles approved to participate in the pilot program.
    D. FMCSA Register Number: The number assigned to the Mexico-
domiciled motor carrier's operating authority as found in the FMCSA
Register.
    E. PASA Initiated: The date the PASA was initiated.
    F. PASA Completed: The date the PASA was completed.
    G. PASA Results: The results upon completion of the PASA. The PASA
receives a quality assurance review before approval. The quality
assurance process involves a dual review by the FMCSA Division Office
supervisor of the auditor assigned to conduct the PASA and by the FMCSA
Service Center New Entrant Specialist designated for the specific FMCSA
Division Office. This dual review ensures the successfully completed
PASA was conducted in accordance with FMCSA policy, procedures and
guidance. Upon approval, the PASA results are uploaded into the FMCSA's
Motor Carrier Management Information System (MCMIS). The PASA
information and results are then recorded in the Mexico-domiciled motor
carrier's safety performance record in MCMIS.
    H. FMCSA Register: The date FMCSA published notice of a
successfully completed PASA in the FMCSA Register. The FMCSA Register
notice advises interested parties that the application has been
preliminarily granted and that protests to the application must be
filed within 10 days of the publication date. Protests are filed with
FMCSA Headquarters in Washington, DC. The notice in the FMCSA Register
lists the following information:
    a. Current registration number (e.g., MX-721816);
    b. Date the notice was published in the FMCSA Register;
    c. The applicant's name and address; and
    d. Representative or contact information for the applicant.
    The FMCSA Register may be accessed through FMCSA's Licensing and
Insurance public Web site at http://li-public.fmcsa.dot.gov/, and
selecting FMCSA Register in the drop down menu.
    I. U.S. Drivers: The total number of the motor carrier's drivers
approved for long-haul transportation in the United States beyond the
border commercial zones.
    J. U.S. Vehicles: The total number of the motor carrier's power
units approved for long-haul transportation in the United States beyond
the border commercial zones.
    K. Passed Verification of 5 Elements (Yes/No): A Mexico-domiciled
motor carrier will not be granted provisional operating authority if
FMCSA cannot verify all of the following five mandatory elements. FMCSA
must:
    a. Verify a controlled substances and alcohol testing program
consistent with 49 CFR part 40.
    b. Verify a system of compliance with hours-of-service rules of 49
CFR part 395, including recordkeeping and retention;
    c. Verify the ability to obtain financial responsibility as
required by 49 CFR 387, including the ability to obtain insurance in
the United States;
    d. Verify records of periodic vehicle inspections; and
    e. Verify the qualifications of each driver the carrier intends to
use under such authority, as required by 49 CFR parts 383 and 391,
including confirming the validity of each driver's Licencia Federal de
Conductor and English language proficiency.
    L. If No, Which Element Failed: If FMCSA cannot verify one or more
of the five mandatory elements outlined in 49 CFR part 365, Appendix A,
Section III, this column will specify which mandatory element(s) cannot
be verified.
    Please note that for items L through P below, during the PASA,
after verifying the five mandatory elements discussed in item K above,
FMCSA will gather information by reviewing a motor carrier's compliance
with ``acute and critical'' regulations of the Federal Motor Carrier
Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs).
Acute regulations are those where noncompliance is so severe as to
require immediate corrective actions by a motor carrier regardless of
the overall basic safety management controls of the motor carrier.
Critical regulations are those where noncompliance relates to
management and/or operational controls. These regulations are
indicative of breakdowns in a carrier's management controls. A list of
acute and critical regulations is included in 49 CFR Part 385, Appendix
B, Section VII.
    Parts of the FMCSRs and HMRs having similar characteristics are
combined together into six regulatory areas called ``factors.'' The
regulatory factors are intended to evaluate the adequacy of a carrier's
management controls.
    M. Passed Phase 1, Factor 1: A ``yes'' in this column indicates the
carrier has successfully met Factor 1 (listed in part 365, Subpart E,
Appendix A, Section IV(f)). Factor 1 includes the General Requirements
outlined in parts 387 (Minimum Levels of Financial Responsibility for
Motor Carriers) and 390 (Federal Motor Carrier Safety Regulations--
General).
    N. Passed Phase 1, Factor 2: A ``yes'' in this column indicates the
carrier has successfully met Factor 2, which includes the Driver
Requirements outlined in parts 382 (Controlled Substances and Alcohol
Use and Testing), 383 (Commercial Driver's License Standards;
Requirements and Penalties) and 391 (Qualifications of Drivers and
Longer Combination Vehicle (LCV) Driver Instructors).
    O. Passed Phase 1, Factor 3: A ``yes'' in this column indicates the
carrier has successfully met Factor 3, which includes the Operational
Requirements outlined in parts 392 (Driving of Commercial Motor
Vehicles) and 395 (Hours of Service of Drivers).
    P. Passed Phase 1, Factor 4: A ``yes'' in this column indicates the
carrier has

successfully met Factor 4, which includes the Vehicle Requirements
outlined in parts 393 (Parts and Accessories Necessary for Safe
Operation) and 396 (Inspection, Repair and Maintenance) and vehicle
inspection and out-of-service data for the last 12 months.
    Q. Passed Phase 1, Factor 5: A ``yes'' in this column indicates the
carrier has successfully met Factor 5, which includes the hazardous
material requirements outlined in parts 171 (General Information,
Regulations, and Definitions), 177 (Carriage by Public Highway), 180
(Continuing Qualification and Maintenance of Packagings) and 397
(Transportation of Hazardous Materials; Driving and Parking Rules).
    R. Passed Phase 1, Factor 6: A ``yes'' in this column indicates the
carrier has successfully met Factor 6, which includes Accident History.
This factor is the recordable accident rate during the past 12 months.
A recordable ``accident'' is defined in 49 CFR 390.5, and means an
accident involving a commercial motor vehicle operating on a public
road in interstate or intrastate commerce which results in a fatality;
a bodily injury to a person who, as a result of the injury, immediately
received medical treatment away from the scene of the accident; or one
or more motor vehicles incurring disabling damage as a result of the
accident requiring the motor vehicle to be transported away from the
scene by a tow truck or other motor vehicle.
    S. Number U.S. Vehicles Inspected: The total number of vehicles
(power units) the motor carrier is approved to operate in the United
States beyond the border commercial zones that received a vehicle
inspection during the PASA. During a PASA, FMCSA inspected all power
units to be used by the motor carrier in the pilot program and applied
a current Commercial Vehicle Safety Alliance (CVSA) inspection decal,
if the inspection is passed successfully. This number reflects the
vehicles that were inspected, irrespective of whether the vehicle
received a CVSA inspection at the time of the PASA decal as a result of
a passed inspection.
    T. Number U.S. Vehicles Issued CVSA Decal: The total number of
inspected vehicles (power units) the motor carrier is approved to
operate in the United States beyond the border commercial zones that
received a CVSA inspection decal as a result of an inspection during
the PASA.
    U. Controlled Substances Collection: Refers to the applicability
and/or country of origin of the controlled substance and alcohol
collection facility that will be used by a motor carrier that has
successfully completed the PASA.
    a. ``US'' means the controlled substance and alcohol collection
facility is based in the United States.
    b. ``MX'' means the controlled substance and alcohol collection
facility is based in Mexico.
    c. ``Non-CDL'' means that during the PASA, FMCSA verified that the
motor carrier is not utilizing commercial motor vehicles subject to the
commercial driver's license requirements as defined in 49 CFR 383.5
(Definition of Commercial Motor Vehicle). Any motor carrier that does
not operate commercial motor vehicles as defined in Sec.  383.5 is not
subject to DOT controlled substance and alcohol testing requirements.
    V. Name of Controlled Substances and Alcohol Collection Facility:
Shows the name and location of the controlled substances and alcohol
collection facility that will be used by a Mexico-domiciled motor
carrier that has completed the PASA.

                                 Table 1
------------------------------------------------------------------------
 Row number in Tables 2, 3 and 4
of the Appendix to today's notice       Name of carrier        USDOT No.
------------------------------------------------------------------------
1................................  RAM Trucking SA de CV....    2063285
------------------------------------------------------------------------

                                          Table 2--Successful Pre-Authorization Safety Audit (PASA) Information
                                                                [See also tables 3 and 4]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Column D--
                     Column B--name of    Column C--      FMCSA      Column E--   Column F--    Column G--PASA    Column H--   Column I--    Column J--
Column A--row No.         carrier          USDOT No.     register       PASA         PASA           results         FMCSA     U.S. drivers      U.S.
                                                           No.       initiated     completed                       register                   vehicles
--------------------------------------------------------------------------------------------------------------------------------------------------------
1................  RAM Trucking SA de        2063285     MX-721816   07/23/2012   08/08/2012   Pass............  ...........            1             1
                    CV.
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                          Table 3--Successful Pre-Authorization Safety Audit (PASA) Information
                                                                [See also tables 2 and 4]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Column K--
                                                Column D--       passed      Column L--if    Column M--     Column N--     Column O--   Column P--passed
Column A--row   Column B--name    Column C--       FMCSA      verification    no, which     passed phase   passed phase   passed phase    phase 1 factor
     No.          of carrier       USDOT No.   register No.  of 5 elements     element       1 factor 1     1 factor 2     1 factor 3           4
                                                                (yes/no)        failed
--------------------------------------------------------------------------------------------------------------------------------------------------------
1............  RAM Trucking SA       2063285     MX-721816   Yes..........  None.........  Pass.........  Pass.........  Pass.........  Pass.
                de CV.
--------------------------------------------------------------------------------------------------------------------------------------------------------

                              Table 4--Successful Pre-Authorization Safety Audit (PASA) Information as of September 9, 2011
                                                                [See also tables 2 and 3]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Column T--                    Column V--name
                                                Column D--    Column Q--      Column R--     Column S--    number U.S.    Column U--     of  controlled
Column A--row   Column B--name    Column C--      FMCSA     passed phase I  passed phase I   number U.S.    vehicles      controlled     substances and
     No.          of carrier       USDOT No.     register       factor 5        factor 6      vehicles     issued CVSA     substance         alcohol
                                                   No.                                        inspected       decal       collection       collection
                                                                                facility
--------------------------------------------------------------------------------------------------------------------------------------------------------
1............  RAM Trucking SA       2063285     MX-721816  N/A...........  Pass..........            1             1   MX............  Laredo
                de CV.                                                                                Antidoping
                                                                                Agency.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In an effort to provide as much information as possible for review,
the application and PASA results for this carrier are posted at the
Agency's Web site for the pilot program at http://www.fmcsa.dot.gov/intl-programs/trucking/Trucking-Program.aspx. For carriers that
participated in the Agency's demonstration project that ended in 2009,
copies of the previous PASA and compliance review, if conducted, are
also posted. All documents were redacted so that personal information
regarding the drivers is not released. Sensitive business information,
such as the carrier's tax identification number, is also redacted. In
response to previous comments received regarding the PASA notice
process, FMCSA also posted copies of the vehicle inspections conducted
during the PASA in the PASA document.
    A list of the carrier's vehicles approved by FMCSA for use in the
pilot program is also available at the above referenced Web site.
    The Agency acknowledges that through the PASA process it was
determined that RAM had affiliations not identified in the original
application. It was noted during the Agency's vetting and documented as
an attachment to the PASA. RAM submitted for the record a letter
confirming the relationship with a U.S.-domiciled motor carrier, Zaro
Transportation LLC, (USDOT 1741743) and a commercial zone
carrier, Auto Transportes Zaros SA de CV (USDOT 1421433).
During its vetting of the application and the PASA, FMCSA confirmed
that RAM did not establish or use the affiliated companies to evade
FMCSA regulation in continuing motor carrier operations, or for the
purpose of avoiding or hiding previous non-compliance or safety
problems.
    FMCSA reviewed the inspection records of the affiliated carriers.
Zaro Transportation, an OP-1 carrier, has Safety Measurement System
(SMS) scores that exceed the Behavioral Analysis and Safety Improvement
Categories (BASICs) thresholds in two areas in Driver Fitness and
Vehicle Maintenance. Auto Transportes Zaros also has SMS scores that
exceed the thresholds in Driver Fitness and Vehicle Maintenance. The
Agency will be monitoring the safety of the affiliated carriers through
SMS and will take action directly on those carriers, if appropriate.

Request for Comments

    In accordance with the Act, FMCSA requests public comment from all
interested persons on the PASA information presented in this notice.
All comments received before the close of business on the comment
closing date indicated at the beginning of this notice will be
considered and will be available for examination in the docket at the
location listed under the ADDRESSES section of this notice. Comments
received after the comment closing date will be filed in the public
docket and will be considered to the extent practicable. In addition to
late comments, the FMCSA will also continue to file, in the public
docket, relevant information that becomes available after the comment
closing date. Interested persons should continue to examine the public
docket for new material.
    FMCSA notes that under its regulations, preliminary grants of
authority, pending the carrier's showing of compliance with insurance
and process agent requirements and the resolution of any protests, are
publically noticed through publication in the FMCSA Register. Any
protests of such grants must be filed within 10 days of publication of
notice in the FMCSA Register.

    Issued on: April 11, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-09691 Filed 4-23-13; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: January 25, 2008 (Volume 73, Number 17)]
[
Notices]
[Page 4554-4556]
[DOCID:fr25ja08-54]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2007-1116, FRL-8520-9]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Facility Ground-Water Monitoring Requirements; EPA ICR
No. 0959.13; OMB Control No. 2050-0033

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR is
scheduled to expire on May 31, 2008. Before submitting the ICR to OMB
for review and approval, EPA is soliciting comments on specific aspects
of the proposed information collection as described below.

DATES: Comments must be submitted on or before March 25, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2007-1116, by one of the following methods:
     http://www.regulations.gov: Follow the on-line instructions for

submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: RCRA Docket (5305T), U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
     Hand Delivery: 1301 Constitution Ave., NW., Room 3334,
Washington, DC 20460. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-RCRA-
2007-1116. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail.

The http://www.regulations.gov Web site is an ``anonymous access'' system,

which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov

your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: William Schoenborn, Office of Solid
Waste, (mail code 5303P), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 703-
308-8483; fax number:<PHONE_NUMBER>; e-mail address:

<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-RCRA-2007-1116, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the RCRA Docket in the EPA

Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m.
to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for RCRA Docket is<PHONE_NUMBER>.
    Use http://www.regulations.gov to obtain a copy of the draft collection of

information, submit or view public comments, access the index listing
of the contents of the docket, and to access those documents in the
public docket that are available electronically. Once in the system,
select ``search,'' then key in the docket ID number identified in this
document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What Information Collection Activity or ICR Does This Apply to?

    Affected entities: Entities potentially affected by this action are
business or other for-profit.
    Title: Facility Ground-Water Monitoring Requirements
    ICR numbers: EPA ICR No. 0959.13, OMB Control No. 2050-0033.
    ICR status: This ICR is currently scheduled to expire on May 31,
2008. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: This ICR examines the groundwater monitoring standards
for permitted and interim status facilities at 40 CFR Parts 264 and
265, as specified. The groundwater monitoring requirements for
regulated units follow a tiered approach whereby releases of hazardous
contaminants are first detected (detection monitoring), then confirmed
(compliance monitoring), and if necessary, are required to be cleaned
up (corrective action). Each of these tiers requires collection and
analysis of groundwater samples. Owners or operators that conduct
groundwater monitoring are required to report information to the
oversight agencies on releases of contaminants and to maintain records
of groundwater monitoring data at their facilities. The goal of the
groundwater monitoring program is to prevent and quickly detect
releases of hazardous contaminants to groundwater, and to establish a
program whereby any contamination is expeditiously cleaned up as
necessary to protect human health and environment. Subtitle C of the
Resource Conservation and Recovery Act of 1976 (RCRA) creates a
comprehensive program for the safe management of hazardous waste.
Section 3004 of RCRA requires owners and operators of facilities that
treat, store, or dispose of hazardous waste to comply with standards
established by EPA that are to protect the environment. Section 3005
provides for implementation of these standards under permits issued to
owners and operators by EPA or authorized States. Section 3005 also
allows owners and operators of facilities in existence when the
regulations came into effect to comply with applicable notice
requirements to operate until a permit is issued or denied. This
statutory authorization to operate prior to permit determination is
commonly known as ``interim status.'' Owners and operators of interim
status facilities also must comply with standards set under Section
3004.
    Burden Statement: EPA estimates that permitted facilities will
incur an average reporting burden of about 10 hours per year, which
includes time for developing and submitting notifications, reports, and
demonstrations. They will also incur a recordkeeping burden of about
130 hours per year, which includes time for reading the regulations,
implementing a groundwater monitoring system, performing and keeping
records of groundwater monitoring, and maintaining records. These
estimates represent the average reporting and recordkeeping burdens
placed on permitted facilities for detection monitoring, compliance
monitoring, or corrective action.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements
which have subsequently changed; train personnel to be able to respond
to a collection of information; search data sources; complete and
review the collection of information; and transmit or otherwise
disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
    Estimated total number of potential respondents: 824
    Frequency of response: Quarterly.
    Estimated total average number of responses for each respondent:
one.
    Estimated total annual burden hours: 95,197.
    Estimated total annual costs: $23,245,000. This includes an
estimated burden cost of $5,943,000 for labor and an estimated cost of
$17,302,000 for capital investment and maintenance and operational
costs.

What is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: January 4, 2008.
Matthew Hale,
 Director, Office of Solid Waste.
 [FR Doc. E8-1312 Filed 1-24-08; 8:45 am]

BILLING CODE 6560-50-P