[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]
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