[Federal Register Volume 59, Number 243 (Tuesday, December 20, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-31239] [[Page Unknown]] [Federal Register: December 20, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Coast Guard 46 CFR Part 16 [CGD 94-106] RIN 2115-AE95 Programs for Chemical Drug and Alcohol Testing of Commercial Vessel Personnel; Delay of Implementation Dates AGENCY: Coast Guard, DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard announces a delay in 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, employees would become subject to testing no later than January 2, 1996, unless the Coast Guard, in the meantime, publishes regulations indicating otherwise. EFFECTIVE DATE: This rule is effective on December 20, 1994. 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 Commander Mark Grossetti, Project Manager, Marine Investigation Division (G-MMI), Office of Marine Safety, Security and Environmental Protection, (202) 267-1421. SUPPLEMENTARY INFORMATION: Drafting Information The principal persons involved in drafting this document are LCDR Mark Grossetti, Project Manager, Office of Marine Safety, Security and Environmental Protection, and Helen Boutrous, 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), and another Final Rule was published on July 14, 1992, delaying the implementation date to January 2, 1995 (57 FR 31274). 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: (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 is continuing to consider whether it would be appropriate to apply the requirements of part 16 to operations in waters subject to the jurisdiction of a foreign government in the event that agreements with other countries are not reached. In order to allow time to further consider these issues and formulate a decision, the Coast Guard has again determined that additional time is necessary. Another additional delay of approximately one year should provide sufficient time. 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. The change in this final rule will delay 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, 1995. 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 FR 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 date, 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.2.1 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; 49CFR 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, 1996, 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, 1995, the Commandant shall issue any necessary amendment resolving the applicability of this part to such person on and after January 2, 1996. Dated: December 2, 1994. Joseph J. Angelo, Acting Chief, Office of Marine Safety Security and Environmental Protection. [FR Doc. 94-31239 Filed 12-19-94; 8:45 am] BILLING CODE 4910-14-M