[Federal Register Volume 62, Number 121 (Tuesday, June 24, 1997)]
[Rules and Regulations]
[Pages 34014-34015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16523]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Part 16
[CGD 95-011]
RIN 2115-AF02
Programs for Chemical Drug and Alcohol Testing of Commercial
Vessel Personnel; Implementation of Drug Testing in Foreign Waters
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: This rule adopts as final the interim rule that established
January 2, 1997, as the effective date for implementation of chemical
drug testing of persons on board U.S. vessels in waters subject to the
jurisdiction of a foreign country. Under the interim rule, industry has
until July 1, 1997, to implement the required testing, but may be
exempted from testing requirements when compliance would violate the
domestic laws or policies of another country.
DATES: This final rule is effective July 24, 1997.
ADDRESSES: Documents as indicated 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 9:30 a.m. and
2 p.m., Monday through Friday, except Federal holidays. The telephone
number is (202) 267-1477.
FOR FURTHER INFORMATION CONTACT: LT Jennifer Ledbetter, Project
Manager, Marine Investigation Division (G-MOA-1), telephone (202) 267-
0684.
SUPPLEMENTARY INFORMATION:
Background and Purpose
On November 21, 1988, the Coast Guard promulgated regulations
requiring pre-employment, periodic, post-accident, reasonable cause,
and random drug testing of U.S. crewmembers on U.S. vessels (53 FR
47079). The final rule provided that the testing requirements of 46 CFR
part 16 did not apply to any person for whom compliance with the rules
would violate the domestic laws or policies of another country. The
effective date of part 16, with respect to any person on board a U.S.
vessel in waters subject to the jurisdiction of a foreign government,
was delayed until January 1990. The Coast Guard subsequently delayed
implementation of foreign testing requirements several times, the last
of which was on December 28, 1995, delaying the implementation to
January 2, 1997 (60 FR 67062). These rules did not prohibit employers
from conducting chemical testing of U.S. personnel in foreign waters.
However, the requirement to perform such tests was delayed. Many
companies continued to test mariners in foreign waters under company
policy.
On August 21, 1995, the Coast Guard published a notice of proposed
rulemaking (NPRM)(60 FR 43426) proposing to revise 46 CFR 16.207 to
provide that U.S. drug testing requirements would not apply in waters
subject to the jurisdiction of a foreign government.
Comments on the NPRM expressed the need for testing requirements,
even in foreign waters. As a result of these comments, the Coast Guard
reconsidered its proposal. On December 18, 1996, the Coast Guard
published the interim rule (61 FR 66612) which required drug testing of
crewmembers on board U.S. vessels within waters subject to the
jurisdiction of a foreign government, effective on January 2, 1997.
Discussion of Comments
One letter was received in response to the interim rule published
on December 18, 1996. It did not address the rule's provisions for
chemical drug testing in waters subject to the jurisdiction of a
foreign government. The comment generally discussed the purpose and
effectiveness of the chemical drug testing program in the Coast Guard
and the Department of Transportation. These issues are beyond the scope
of this rulemaking, and therefore, are not addressed in this document.
The Coast Guard received no other comments on the interim rule.
Therefore, the Coast Guard is adopting as final its rule to implement
the original requirements for chemical testing of U.S. crewmembers on
board U.S. vessels within waters that are subject to the jurisdiction
of a foreign government. The effective date of this provision was
January 2, 1997, but employers have until July 1, 1997, to implement
required chemical testing on U.S. vessels in waters subject to the
jurisdiction of a foreign country.
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
FR 11034; February 26, 1979). The Coast Guard acknowledges that there
are companies whose current policy is not to conduct chemical testing
in waters subject to a foreign government. To implement such testing
now would increase these companies' operating expenses. However, this
cost was part of the costs evaluated in the original rulemaking and
deferred to this time because of the numerous delays in implementing
testing in foreign waters. The economic impact of these changes is so
minimal that further evaluation is not necessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include small businesses, not-for-profit organizations that
are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments on the interim rule from
small entities. The Coast Guard certifies under section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this final rule
will not have a significant economic impact on a substantial number of
small entities.
Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
will provide assistance to small entities to determine how this rule
applies to them. If you are a small business and need assistance
understanding the provisions of this rule or applying for an exemption
under this rule, please contact your local Officer in Charge, Marine
Inspection (OCMI).
Collection of Information
This final rule contains no new collection of information
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Federalism
The Coast Guard has analyzed this final rule under the principles
and criteria contained in Executive Order
[[Page 34015]]
12612 and has determined that this final rule does not have sufficient
implications for federalism to warrant the preparation of a Federalism
Assessment.
Environment
The Coast Guard considered the environmental impact of this final
rule and concluded that, under paragraph 2.B.2.e(34)(c) of Commandant
Instruction M16475.1B, this final rule is categorically excluded from
further environmental documentation. This final rule would have no
direct environmental impact. A ``Categorical Exclusion Determination''
is available in the docket for inspection or copying where indicated
under ADDRESSES.
List of Subjects in 46 CFR Part 16
Drug testing, Marine safety, Reporting and recordkeeping
requirements, Safety, Transportation.
PART 16--CHEMICAL TESTING
Accordingly, the interim rule amending 46 CFR part 16 which was
published at 61 FR 66612 on December 18, 1996, is adopted as a final
rule without change.
Dated: June 18,1997.
G.N. Naccara,
Captain, U.S. Coast Guard, Acting Assistant Commandant for Marine
Safety and Environmental Protection.
[FR Doc. 97-16523 Filed 6-23-97; 8:45 am]
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