[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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