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

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Federal Register/Vol. 70, No. 209/Monday, October 31, 2005 62288 Federal Register / Vol. 70, No. 209 / Monday, October 31, 2005 / Proposed Rules (d) The split specimen failed to 7. Invalid Result (number) ADDRESSES: You may submit comments reconfirm all of the primary specimen by any of the following methods: results, and reported that the split Appendix F to Part 40—[Amended] • Web Site: http://dms.dot.gov. specimen was invalid. You must follow 32. Appendix F to Part 40 is proposed Follow the instructions for submitting the procedures in 40.187(c)(1) to be amended by removing the comments on the DOT electronic docket (recollection under direct observation is references to § 40.187(a)–(f) and site. required in this case). § 40.191(d) and adding in their place • Fax: 1–202–493–2251. (e) The split specimen failed to § 40.187(a)–(e) and § 40.191(e), • Mail: Docket Management Facility; reconfirm all of the primary specimen respectively. U.S. Department of Transportation, 400 results because the split specimen was Seventh Street, SW., Nassif Building, [FR Doc. 05–21488 Filed 10–28–05; 8:45 am] not available for testing or there was no Room PL–401, Washington, DC 20590– split laboratory available to test the BILLING CODE 4910–62–P 001. specimen. You must follow applicable • Hand Delivery: Room PL–401 on procedures in 40.187(e) (recollection DEPARTMENT OF TRANSPORTATION the plaza level of the Nassif Building, under direct observation is required in 400 Seventh Street, SW., Washington, this case). Office of the Secretary DC, between 9 a.m. and 5 p.m., Monday * * * * * through Friday, except Federal 49 CFR Part 71 Holidays. § 40.207 [Amended] • Federal eRulemaking Portal: Go to 30. Section 40.207 is proposed to be [OST Docket No. 2005–22114] http://www.regulations.gov. Follow the amended by removing, in paragraph RIN 2105–AD53 online instructions for submitting (a)(3), the reference to ‘‘40.187(b)’’ and comments. adding in its place ‘‘40.187(b)(3), (c)(1), Standard Time Zone Boundary in the Instructions: All submissions must and (e)’’. State of Indiana include the agency name and docket 31. Appendix B to Part 40 is proposed AGENCY: number (OST Docket Number 2005– to be amended by revising it to read as Office of the Secretary (OST), Department of Transportation (DOT). 22114) or Regulatory Identification follows: Number (RIN) (2105–AD53) for this ACTION: Notice of proposed rulemaking. Appendix B to Part 40—DOT Drug rulemaking. Note that all comments Testing Semi-Annual Laboratory SUMMARY: DOT tentatively proposes to received will be posted without change Report relocate the time zone boundary in to http://dms.dot.gov including any Indiana to move St. Joseph, Starke, personal information provided. Please The summary report shall contain the Knox, Pike, and Perry Counties from the see the Privacy Act heading under following information: eastern time zone to the central time Regulatory Notices. Reporting Period: (inclusive dates) zone at the request of the County Docket: For access to the docket to Laboratory Identification: (name and address) Commissioners. We are tentatively not read background documents or Employer Identification: (name; may include proposing to change the time zone comments received, go to http:// Billing Code or ID code) boundary to move Marshall, Pulaski, dms.dot.gov at any time or to Room PL– C/TPA Identification: (where applicable; 401 on the plaza level of the Nassif name and address) Fulton, Benton, White, Carroll, Cass, 1. Specimen Results Reported (total number) Vermillion, Sullivan, Daviess, Dubois, Building, 400 Seventh Street, SW., By Type of Test Martin, and Lawrence Counties from the Washington, DC, between 9 a.m. and 5 (a) Pre-employment (number) eastern time zone to the central time p.m., Monday through Friday, except (b) Post-Accident (number) zone based on the petitions from the Federal Holidays. (c) Random (number) commissioners in these counties. If Public Hearings: In addition to the (d) Reasonable Suspicion/Cause (number) additional information is provided that submission of written comments, an (e) Return-to-Duty (number) indicates that the time zone boundary opportunity for oral comments will be (f) Follow-up (number) should be drawn differently, either to provided at four public hearings in (g) Type of Test Not Noted on CCF Jasper, Logansport, South Bend, and (number) include counties currently excluded or 2. Specimens Reported to exclude counties that are currently Terre Haute. These hearings will be (a) Negative (number) included in this proposal, we will make chaired by a representative of DOT in (b) Negative and Dilute (number) the change at the final rule stage of this November. We will publish the date and 3. Specimens Reported as Rejected for proceeding. time in a separate document that will be Testing (total number) DATES: Any County Commissioners from posted in the docket and published in By Reason the counties that have submitted the Federal Register. (a) Fatal flaw (number) petitions who wish to provide The hearings will be informal and (b) Uncorrected Flaw (number) additional data to justify a change from will be tape-recorded for inclusion in 4. Specimens Reported as Positive (total the docket. The DOT representative will number) the eastern time zone to the central time By Drug zone should do so by November 10, provide an opportunity to speak for all (a) Marijuana Metabolite (number) 2005. Other comments should be those wishing to do so, to the greatest (b) Cocaine Metabolite (number) received by November 30, 2005 to be extent possible. The hearing locations (c) Opiates (number) assured of consideration. Comments will be accessible for persons with (1) Codeine (number) received after that date will be disabilities. If you need a sign language (2) Morphine (number) considered to the extent practicable. If interpreter, please let us know no later (3) 6–AM (number) the time zone boundary is changed as a than one week before the hearing. (d) Phencyclidine (number) FOR FURTHER INFORMATION CONTACT: (e) Amphetamines (number) result of this rulemaking, the effective (1) Amphetamine (number) date would be no earlier than 2 a.m. Joanne Petrie, Office of the Assistant (2) Methamphetamine (number) EST Sunday, April 2, 2006, which is the General Counsel for Regulation and 5. Adulterated (number) changeover from standard time to Enforcement, U.S. Department of 6. Substituted (number) daylight saving time. Transportation, Room 10424, 400 VerDate Aug<31>2005 17:43 Oct 28, 2005 Jkt 208001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\31OCP1.SGM 31OCP1 Federal Register / Vol. 70, No. 209 / Monday, October 31, 2005 / Proposed Rules 62289 Seventh Street, SW., Washington, DC statute for such decisions is ‘‘regard for Indiana’s Decision To Observe Daylight 20590, [email protected]; (202) 366– the convenience of commerce and the Saving Time 9306. existing junction points and division SUPPLEMENTARY INFORMATION: points of common carriers engaged in In 2005, the Indiana General interstate or foreign commerce.’’ Assembly adopted legislation (Indiana Current Indiana Time Observance Senate Enrolled Act 127 or ‘‘the Indiana Under Federal law, 82 Indiana DOT Procedures To Change a Time Act’’) providing that the entire State of counties are in the eastern time zone Zone Boundary Indiana will begin to observe daylight and 10 are in the central time zone. The The Department has typically used a saving time beginning in 2006. In central time zone counties include five set of procedures to address time zone addition, the Indiana Act addressed the in the northwest (Lake, Porter, La Porte, issues. Under these DOT procedures, issue of changing the location of the Newton, and Jasper) and five in the the Department will generally begin a boundary between the eastern and southwest (Posey, Vanderburgh, rulemaking proceeding if the highest central time zones. The Indiana Act Warrick, Spencer and Gibson). The elected officials in the area provide stated that, ‘‘[T]he [S]tate supports the remaining 82 counties are in the eastern adequate supporting data for the county executive of any county that time zone. Neighboring States observe proposed change. We ask that the seeks to change the time zone in which both eastern and central time. Illinois petition include, or be accompanied by, the county is located under the and western Kentucky observe central detailed information supporting the procedures established by Federal time, while eastern Kentucky, Ohio, and requesting party’s contention that the Law.’’ The Indiana Act also provided the portion of Michigan adjoining requested change would serve the that, ‘‘The governor and the general Indiana observe eastern time. convenience of commerce. The assembly hereby petition the United Federal law provides that it is up to principal standard for deciding whether States Department of Transportation to an individual State to decide whether or to change a time zone is defined very initiate proceedings under the Uniform not to observe daylight saving time. broadly to include consideration of all Time Act of 1966 to hold hearings in the Generally, a State must choose to the impacts upon a community of a appropriate locations in Indiana on the observe, or not observe, across the entire change in its standard of time. We also issue of the location of the boundary State. The one exception is that, if a ask that the supporting documentation State is in more than one time zone, a between the Central Time Zone and the address, at a minimum, each of the ‘‘split’’ observance is permitted. Under Eastern Time Zone in Indiana.’’ Finally, following questions in as much detail as this scenario, all of a State that is in one the Indiana Act requested that DOT possible. time zone may observe daylight saving refrain from changing the time zone of time, while the remainder of the State 1.
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