[Federal Register Volume 60, Number 161 (Monday, August 21, 1995)]
[Proposed Rules]
[Pages 43426-43427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20617]



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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; Removal of Foreign Implementation Date

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to remove the effective date of 
regulations governing drug testing onboard vessels within waters that 
are subject to the jurisdiction of a foreign government, and to amend 
the regulations to expressly provide that U.S. drug testing 
requirements do not apply within those waters. Under current 
regulations, the drug testing regulations would become applicable 
within those waters effective January 1, 1996. This proposal would 
ensure that Coast Guard drug testing regulations will not conflict with 
foreign law or policy and would result in no change to the current 
applicability of the drug testing requirements. This action would 
result in no costs to the regulated industry.

DATES: Comments must be received on or before October 20, 1995.

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine 
Safety Council (G-LRA/3406) (CGD 95-011), U.S. Coast Guard 
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may 
be delivered to room 3406 at the same address between 8 a.m. and 3 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (202) 267-1477.
    The Executive Secretary maintains the public docket for this 
rulemaking. Comments will become part of this docket and will be 
available for inspection or copying at room 3406, U.S. Coast Guard 
Headquarters, between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander Mark Grossetti, Project Manager, Marine 
Investigation Division (G-MMI), Office of Marine Safety, Security and 
Environmental Protection, (202) 267-1421.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD 95-011) and the specific section of this 
proposal to which each comment applies, and give the reason for each 
comment. Please submit two copies of all comments and attachments in an 
unbound format, no longer than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgement of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Marine Safety Council at the address 
under ``ADDRESSES.'' The request should include the reasons why a 
hearing would be beneficial. If it determines that the opportunity for 
oral presentations will aid this rulemaking, the Coast Guard will hold 
a public hearing at a time and place announced by a later notice in the 
Federal Register.

Drafting Information

    The principal persons involved in drafting this document are LCDR 
Mark 

[[Page 43427]]
Grossetti, Project Manager, Office of Marine Safety, Security and 
Environmental Protection, and Helen Boutrous, Project Council, 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, periodic, and random 
drug testing. 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. A series of 
amendments have been issued to delay the application of the 
requirements to persons onboard U.S. vessels in waters subject to the 
jurisdiction of a foreign government. Those amendments delayed 
application to January 2, 1992 (54 FR 53286); January 2, 1993 (56 FR 
18982); January 2, 1995 (57 FR 31274); and January 2, 1996 (59 FR 
65500).
    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 waters, the Coast Guard continues 
to recognize that it would be difficult for U.S. carriers to 
effectively implement the regulations without cooperation from foreign 
governments, and that, in response, foreign governments could impose 
restrictions on U.S. operations.

Discussion of Proposed Rules

    For the above stated reasons, the Coast Guard is proposing not to 
apply the requirements of part 16 to operations in waters subject to 
the jurisdiction of a foreign government. This proposal will ensure 
there is no conflict with foreign law or policy. This proposal imposes 
no additional burdens on the regulated industry, and, in fact, would 
ensure the status quo of the foreign applicability since the chemical 
testing regulations were implemented in 1988.

Regulatory Evaluation

    This proposal 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 11040 
(February 26, 1979)]. The economic impact of these proposed changes is 
so minimal that further evaluation is not necessary. A full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary. This proposed rule would expressly 
make drug testing regulations inapplicable within waters subject to the 
jurisdiction of a foreign government. It does not change the basic 
regulatory structure of the chemical testing regulations. The proposed 
revision would result in no additional costs to the regulated industry.

Small Entities

    Under the Regulatory Flexibility Act [5 U.S.C. 601 et seq.], the 
Coast Guard must consider the economic impact on small entities of a 
rule which a general notice of proposed rulemaking is required. ``Small 
entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000. This proposal would place no 
additional costs on the public. Because it expects the impact of this 
proposal to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b) 
that this proposal, if adopted, will not have a significant economic 
impact on a substantial number of small entities.

Collection of Information

    This proposal contains no new collection-of-information 
requirements under the Paperwork Reduction Act [44 U.S.C. 3501 et 
seq.].

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612 and has determined that it 
does not have sufficient implications for federalism 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. 
The Coast Guard does not expect this proposal to raise any preemption 
issues, however, the Coast Guard does intend to preempt State and local 
actions on the same subject matter.
Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under paragraph 2.B.2.e(34)(c) of 
Commandant Instruction M16475.1B, this proposal is categorically 
excluded from further environmental documentation. The proposal 
involves the applicability of drug testing requirements for maritime 
personnel 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 out in the preamble, the Coast Guard proposes 
to amend 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 does not apply in waters that are subject to the 
jurisdiction of a foreign government.

    Dated: February 10, 1995.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety, 
Security and Environmental Protection.
[FR Doc. 95-20617 Filed 8-18-95; 8:45 am]
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