[Federal Register Volume 60, Number 249 (Thursday, December 28, 1995)]
[Rules and Regulations]
[Pages 67062-67063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31370]
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DEPARTMENT OF TRANSPORTATION
46 CFR Part 16
[CGD 95-090]
RIN 2115-AF25
Programs for Chemical Drug and Alcohol Testing of Commercial
Vessel Personnel; Delay of Implementation Dates
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is delaying the effective date of regulations
governing drug testing, insofar as those regulations would require
testing of persons onboard U.S. vessels in waters that are subject to
the jurisdiction of a foreign government. Under this final rule, the
Coast Guard continues to delay the effective date for foreign
implementation until January 2, 1997, to allow completion of a
permanent change to the regulations affecting foreign implementation of
its drug testing rules.
EFFECTIVE DATE: December 28, 1995.
ADDRESSES: Unless otherwise indicated, documents referred to in this
preamble are available for inspection or copying at the office of the
Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast
Guard Headquarters, 2100 Second Street SW., room 3406, Washington, DC
20593-0001 between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. The telephone number is (202) 267-1477.
FOR FURTHER INFORMATION CONTACT: Lieutenant Jerry Hilton, Project
Manager, Marine Investigation Division (G-MAO-1), Office of Marine
Safety, Security and Environmental Protection, (202) 267-0686.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are
Lieutenant Jerry Hilton, Project Manager, Office of Marine Safety,
Security and Environmental protection, and Christena Green, Project
Counsel, Office of Chief Counsel.
Background and Purpose
On November 21, 1988, the Coast Guard, along with other agencies of
the Department of Transportation (DOT), adopted regulations requiring
pre-employment, post-accident, reasonable cause, and random drug
testing. Those individuals required under Federal law or regulation to
have periodic medical examinations were also required to undergo a drug
test at the same time. The drug testing required by the rule applies to
some persons located outside of the United States. However, the rules
provided that they would not apply outside the United States in any
situation in which application of the rules violated foreign local laws
or policies.
At the same time, the Coast Guard stated that the DOT and other
elements of the government would enter into discussions with foreign
governments to attempt to resolve any conflict between our rules and
foreign government laws or policies. The Coast Guard stated that if, as
a result of those discussions, it was found that amendments to the rule
were necessary, timely amendments would be issued. An amendment was
issued on December 21, 1989, and published on December 27, 1989 (54 FR
53286). Under that amendment, drug testing for persons onboard U.S.
vessels in waters subject to the jurisdiction of a foreign government
was scheduled to begin by January 2, 1992. A final Rule was published
on April 24, 1991, delaying the implementation date to January 2, 1993
(56 FR 18982); a Final Rule was published on July 14, 1992, delaying
the implementation date to January 2, 1995 (57 FR 31274); and another
Final Rule was published on December 20, 1994, delaying the
implementation date to January 2, 1996 (59 FR 6500).
During the past few years, discussions with other countries have
been held, and the difficulty of achieving effective bilateral
agreements has become clear. Although the Coast Guard could allow its
regulations to take effect in foreign
[[Page 67063]]
waters, the Coast Guard continues to recognize that: (1) It would be
difficult for U.S. carriers to effectively implement the regulations
without cooperation from foreign governments; (2) in response, foreign
governments could impose restrictions on U.S. operations; and, perhaps
most importantly, (3) there are distinct advantages to be gained in
aligning foreign measures and U.S. measures, especially as they relate
to international transportation operations.
For these reasons, the Coast Guard has proposed not to require
testing under part 16 in waters subject to the jurisdiction of a
foreign government [CGD95-011; 60 FR 43426; August 21, 1995]. The
comment period on that NPRM ended October 20, 1995.
In order to allow time to further consider these issues and to
formulate a final decision, the Coast Guard has again determined that
additional time is necessary. Another delay of approximately one year
should provide sufficient time to complete the rulemaking on foreign
applicability. Accordingly, the Coast Guard has determined to postpone
again the date by which testing programs would commence for persons
onboard U.S. vessels in waters that are subject to the jurisdiction of
a foreign government.
This final rule delays the applicability of the regulations where
they may conflict with foreign law or policy. This rule imposes no
additional burdens on the regulated industry. Without this delay in the
implementation date, persons onboard U.S. vessels in waters that are
subject to the jurisdiction of a foreign government would become
subject to the requirements of part 16 on January 2, 1996. Delaying the
implementation date ensures that the applicability of part 16 will
continue unchanged. Accordingly, the Coast Guard finds that good cause
exists under 5 U.S.C. 553(b) to publish this rule without notice and
comment and to make this rule effective less than 30 days after
publication in the Federal Register.
Regulatory Evaluation
This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. It has not been reviewed by the Office of Management and
Budget under that order. It is not significant under the regulatory
policies and procedures of the Department of Transportation (DOT) (44
CFR 11034; February 26, 1979). The economic impact of these changes is
so minimal that further evaluation is not necessary. This final rule
modifies the effective date for compliance with Coast Guard regulations
governing drug testing, insofar as those regulations would require
testing of persons onboard U.S. vessels that are subject to the
jurisdiction of a foreign government. It does not change the basic
regulatory structure of that rule.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated small businesses
that are not dominant in their field and that otherwise qualify as
``small business concerns'' under section 3 of the Small Business Act
(15 U.S.C. 632). This rule does not require a general notice of
proposed rulemaking and, therefore, is exempt from the regulatory
flexibility requirements. Although exempt, the Coast Guard has reviewed
this rule for potential impact on small entities.
The amendment in this final rule only extends a compliance data,
and imposes no costs on affected entities. Therefore, the Coast Guard
certifies under 5 U.S.C. 605(b) that this final rule will not have a
significant economic impact on a substantial number of small entities.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that it does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment. The authority to
require programs for chemical drug and alcohol testing of commercial
vessel personnel has been committed to the Coast Guard by Federal
statutes. This final rule does, therefore, preempt State and local
regulations regarding drug testing programs requiring the testing of
persons onboard U.S. vessels in waters that are subject to the
jurisdiction of a foreign government.
Environment
The Coast Guard has considered the environmental impact of this
final rule, and has concluded that, under section 2.B.2.e(34)(c) of
Commandant Instruction M16475.1B, it is categorically excluded from
further environmental documentation. This final rule merely extends an
implementation date and clearly has no environmental impact.
List of Subjects in 46 CFR Part 16
Drug testing, Marine safety, Reporting and recordkeeping
requirements, Safety, Transportation.
For the reasons set forth in the preamble, the Coast Guard amends
46 CFR part 16 as follows:
PART 16--CHEMICAL TESTING
1. The authority citation for part 16 continues to read as follows:
Authority: 46 U.S.C. 2103, 3306, 7101, 7301 and 7701; 49 CFR
1.46.
2. In Sec. 16.207, paragraph (b) is revised to read as follows:
Sec. 16.207 Conflict with foreign laws.
* * * * *
(b) This part is not effective until January 2, 1997, with respect
to any person onboard U.S. vessels in waters that are subject to the
jurisdiction of a foreign government. On or before December 1, 1996,
the Commandant shall issue any necessary amendment resolving the
applicability of this part to such person on and after January 2, 1997.
Dated: December 20, 1995.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety,
Security and Environmental Protection.
[FR Doc. 95-31370 Filed 12-27-95; 8:45 am]
BILLING CODE 4910-14-M
