Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67293

resubmit existing response plans until 2

years from now.

Regulatory History

RSPA published an interim final rule

(IFR) on January 5, 1993 (58 FR 244).

This interim final rule implemented

provisions of OPA 90. With limited

exceptions, this direct final rule applies

to all onshore transportation-related oil

pipelines whether or not such pipelines

are exempt from existing Federal

pipeline safety regulations or statutes.

RSPA conducted a public meeting in

New Orleans, Louisiana on January 27,

1997, to solicit feedback from interested

parties on implementation of the

regulation and revisions to the IFR. A

copy of the transcript of the public

meeting is available in the docket. This

direct final rule modifies the interim

final rule, 49 CFR Part 194 (58 FR 244,

January 5, 1993). RSPA intends to issue

a final rule for 49 CFR Part 194 at a later

date.

Rulemaking Notices and Analyses

Executive Order 12866 and DOT

Regulatory Policies and Procedures

This direct final rule is not a

significant regulatory action under

section 3(f) of Executive Order 12866

(58 FR 51735) and, therefore, was not

reviewed by the Office of Management

and Budget (OMB). The direct final rule

is not significant under the Regulatory

Policies and Procedures of the

Department of Transportation (44 FR

11034).

Executive Order 12612

The direct final rule has been

analyzed with the principles and

criteria in Executive Order 12612

(‘‘Federalism’’) (52 FR 41685), and does

not have sufficient federalism impacts

to warrant the preparation of a

federalism assessment.

Regulatory Flexibility Act

Based on the facts available, I certify

that this direct final rule will not have

a significant economic impact on a

substantial number of small entities.

Paperwork Reduction Act

There are no new information

collection requirements in this direct

final rule. In fact, this rulemaking eases

the paperwork burden on pipeline

operators by reducing the reporting

frequency from three to five years.

Unfunded Mandates Reform Act of 1995

This direct final rule does not impose

unfunded mandates under the

Unfunded Mandates Reform Act of

1995. It does not result in costs of $100

million or more to either State, local, or

tribal goverments, in the aggregate, or to

the private sector, and is the least

burdensome alternative that achieves

the objective of the direct final rule.

List of Subjects in 49 CFR Part 194

Oil pollution, Facility Response Plan,

Pipeline safety.

In consideration of the foregoing,

RSPA amends part 194 of title 49 of the

Code of Federal Regulations as follows:

1. The authority citation for Part 194

continues to read as follows:

Authority: 33 U.S.C. 1231, 1321(j)(1)(C),

(j)(5) and (j)(6); sec. 2, E.O. 12777, 56 FR

54757, 3 CFR, 1991 Comp., p. 351; 49 CFR

1.53.

2. Section 194.121(a) is revised to

read as follows:

§ 194.121 Response plan review and

update procedures.

(a) Each operator shall review its

response plan at least every 5 years from

the date of submission and modify the

plan to address new or different

operating conditions or information

included in the plan.

* * * * *

Issued in Washington, DC on December 16,

1997.

Kelley S. Coyner,

Acting Administrator.

[FR Doc. 97–33289 Filed 12–23–97; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Part 199

[Docket No. PS–102; Amendment 199–16]

RIN 2137–AC67

Control of Drug Use and Alcohol

Misuse in Natural Gas, Liquefied

Natural Gas, and Hazardous Liquid

Pipeline Operations

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Direct final rule.

SUMMARY: This direct final rule amends

the ‘‘Scope and Compliance’’ section of

the Drug Testing Rules to revise the

applicability requirement with respect

to any operator whose employees are

located outside the territory of the

United States.

DATES: This direct final rule is effective

on April 15, 1998. If RSPA does not

receive any adverse comment or notice

of intent to file an adverse comment by

February 23, 1998, the rule will become

effective on the date specified. RSPA

will issue a subsequent notice in the

Federal Register by March 16, 1998 to

confirm that fact and reiterate the

effective date. If an adverse comment is

received, RSPA will issue a timely

notice in the Federal Register to

confirm that fact, and RSPA may

withdraw the direct final rule in whole

or in part. RSPA may then incorporate

the adverse comment into a subsequent

direct final rule or may publish a notice

of proposed rulemaking.

ADDRESSES: Send comments in

duplicate to the Dockets Unit, Room

8421, Research and Special Programs

Administration, U.S. Department of

Transportation, 400 Seventh Street, SW,

Washington, DC 20590. Please identify

the docket and amendment number

stated in the heading of this notice. All

comments and docketed material will be

available for inspection and copying in

Room 8421 between 8:30 a.m. and 5:00

p.m. each business day.

FOR FURTHER INFORMATION CONTACT:

Catrina Pavlik, Drug/Alcohol Program

Analyst, Research and Special Programs

Administration, Office of Pipeline

Safety, Room 2335, 400 Seventh Street,

SW, Washington, DC 20590. Telephone:

(202) 366–6199, Fax: (202) 366–4566, email: catrina.pavlik@RSPA.dot.gov.

Information is also available on the

Office of Pipeline Safety’s internet home

page at OPS.dot.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On November 21, 1988, RSPA, along

with other operating administrations of

the Department of Transportation,

adopted regulations requiring preemployment, post-accident, reasonable

cause, and random drug testing (53 FR

47084).

The drug testing required by these

rules applies to some persons located

outside of the United States. However,

the rule provided that drug testing

would not apply to any person for

whom compliance would violate the

domestic laws or policies of another

country. The rule provided that 49 CFR

part 199 would not be effective until

January 1, 1990, with respect to any

person for whom a foreign government

contends that application of the rule

raises questions of compatibility with

the country’s laws or policies.

At the same time, RSPA stated that

the Department of Transportation and

other elements of the U.S. Government

would enter into discussions with

foreign governments to attempt to

resolve any conflict between our rules

and foreign government laws or

policies. If as a result of those

discussions an amendment to the rules
67294 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations

was necessary, we committed to issue

an amendment by December 1, 1989.

On April 13, 1989, RSPA published

an amendment to part 199 (Amdt. No.

199–1; 54 FR 14922) which provided

that the rules would not be effective

until January 1, 1991, with respect to

persons with a foreign law conflict.

Similar amendments were published on

December 27, 1989, extending the

effective date to January 2, 1992 (Amdt.

No. 199–3; 54 FR 53290), April 24,

1991, extending the date to January 2,

1993 (Amdt. No. 199–5; 56 FR 18986),

and July 14, 1992, extending the date to

January 2, 1995 (Amdt. No. 199–7; 57

FR 31279). These amendments provided

additional time for government-togovernment discussions to reach a

permanent resolution of this issue.

RSPA has revisited the issue of

requiring foreign operators to drug test

persons located outside of the United

States who are performing covered

functions. Due to the complexity of the

legal issues, RSPA has determined that

it would be a better use of agency

resources to concentrate its enforcement

efforts on operators whose employees

are located within U.S. territory

including the outer continental shelf.

There are few pipeline employees who

would be excepted by this rule. Because

of the legal issues, these employees have

never been subject to drug or alcohol

testing by RSPA.

II. Regulatory Analyses and Notices

Executive Order 12866 and DOT

Regulatory Policies and Procedures

This amendment will alleviate the

burden for pipeline operators whose

employees are located outside the

territory of the United States to comply

with the requirement to subject those

employees who perform a covered

function (such as, SCADA system

operators) to the drug testing

regulations. Currently, there are

approximately 50 covered employees

performing a covered function who are

located in Canada. Most pipelines that

run from Canada to the United States

have either a metering facility or valves

located at the border. This delineates a

separation of entities at the border. At

that point, a U.S. operator becomes

responsible for the pipeline (i.e.,

operations, maintenance, and

emergency-response functions). At this

time, there are no SCADA systems

located in Mexico. There are pipelines

that run from Mexico to the U.S., but the

SCADA control system is located in the

U.S. Because of the minimal number of

operators with employees who perform

covered functions outside of the United

States, RSPA concludes that it would

not be cost effective for those pipeline

operators to comply with this

regulation. In addition, RSPA does not

have sufficient resources to inspect

these operators to ensure that they are

complying with part 199. Therefore, this

part of the regulation is being revised to

exclude pipeline operators with

employees located outside United

States’ territory, including the outer

continental shelf.

This amendment is non-major under

Executive Order 12866, and is not

considered significant under DOT

Regulatory Policy and Procedures (44

FR 22034; February 26, 1979). There is

no additional cost to the pipeline

operators to delete this portion of the

rule. This change does not warrant the

preparation of a Regulatory Evaluation.

Executive Order 12612

This final rule has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612 (‘‘Federalism’’), and RSPA has

determined that preparation of a

federalism assessement is not

warranted.

Regulatory Flexibility Act

Based on the above facts, I certify

under Section 606 of the Regulatory

Flexibility Act that this amendment

does not have a significant impact on a

substantial number of small entities.

Paperwork Reduction Act

This final rule does not impose any

new information collection

requirements.

Unfunded Mandates Reform Act of 1995

This rule does not impose unfunded

mandates under the Unfunded

Mandates Reform Act of 1995. It does

not result in costs of $100 million or

more to either State, local, or tribal

governments, in the aggregate, or to the

private sector, and is the least

burdensome alternative that achieves

the objective of the rule.

List of Subjects in 49 CFR Part 199

Alcohol testing, Drug testing, Pipeline

safety.

In consideration of the foregoing,

RSPA is amending 49 CFR as follows:

PART 199—DRUG AND ALCOHOL

TESTING

1. The authority citation for part 199

is amended to read as follows:

Authority: 49 U.S.C. 5103, 60102, 60104,

60108, 60117, and 60118; 49 CFR 1.53.

§ 199.1 [Amended]

2. Paragraph (d) of § 199.1 is revised

to read as follows:

§ 199.1 Scope and compliance.

* * * * *

(d) This part applies to pipeline

operators, only with respect to pipeline

employees located within the territory

of the United States, including those

employees located within the limits of

the outer continental shelf as that term

is defined in the Outer Continental

Shelf Lands Act (43 U.S.C. 1331).

Issued in Washington, D.C. on December

10, 1997.

Kelley S. Coyner,

Acting Administrator.

[FR Doc. 97–33119 Filed 12–23–97; 8:45 am]

BILLING CODE 4910–60–P