67292 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations

§ 318.9 Disclosure of record to persons

other than the individual to whom it

pertains.

(a) General. No record contained in a

system of records maintained by DSWA

shall be disclosed by any means to any

person or agency within or outside the

Department of Defense without the

request or consent of the subject of the

record, except as described in 32 CFR

part 310.41, Appendix C to part 310,

and/or a Defense Special Weapons

Agency system of records notice.

(b) Accounting of disclosures. Except

for disclosures made to members of the

DoD in connection with their official

duties, and disclosures required by the

Freedom of Information Act, an

accounting will be kept of all

disclosures of records maintained in

DSWA system of records.

(1) Accounting entries will normally

be kept on a DSWA form, which will be

maintained in the record file jacket, or

in a document that is part of the record.

(2) Accounting entries will record the

date, nature and purpose of each

disclosure, and the name and address of

the person or agency to whom the

disclosure is made.

(3) Accounting records will be

maintained for at least 5 years after the

last disclosure, of for the life of the

record, whichever is longer.

(4) Subjects of DSWA records will be

given access to associated accounting

records upon request, except for those

disclosures made to law enforcement

activities when the law enforcement

activity has requested that the

disclosure not be made, and/or as

exempted under section 318.11 of this

part.

§ 318.10 Fees.

Individuals may request copies for

retention of any documents to which

they are granted access in DSWA

records pertaining to them. Requesters

will not be charged for the first copy of

any records provided; however,

duplicate copies will require a charge to

cover costs of reproduction. Such

charges will be computed in accordance

with DoD 5400.11–R.

Dated: December 18, 1997.

L. M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–33542 Filed 12-23-97; 8:45 am]

BILLING CODE 5000–04–F

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Part 194

[Docket No. PS–130; Amdt. 194–1]

RIN 2137–AD12

Pipeline Safety: Change in Response

Plan Review Cycle

AGENCY: Research and Special Program

Administration (RSPA), DOT.

ACTION: Direct final rule.

SUMMARY: This direct final rule changes

the reporting cycle for facility response

plan submissions to 5 years for

operators who are required to submit

facility response plans to RSPA.

Pipeline operators were previously

required to submit facility response

plans every 3 years.

OPS is undertaking this change to

improve safety by ensuring consistency

between OPS requirements and those of

the other federal agencies under the Oil

Pollution Act of 1990, and encouraging

the use of integrated plans, while easing

the burden on the regulated community.

The comments to the docket have fully

supported this change.

EFFECTIVE DATES: This direct final rule

takes effect February 23, 1998. If RSPA

does not receive adverse comment or

notice of intent to file an adverse

comment by January 23, 1998, the rule

will become effective on the date

specified. RSPA will issue a subsequent

notice in the Federal Register by

February 9, 1998 after the close of the

comment period to confirm that fact and

reiterate the effective date. If an adverse

comment or a notice of intent to file an

adverse comment is received, RSPA will

issue a timely notice in the Federal

Register to confirm that fact and RSPA

would withdraw 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,

S.W., Washington, DC 20590. Identify

the docket number stated in the heading

of this notice. All comments and

docketed material will be available for

inspection and copying in room 8419

between 8:30 a.m. and 5:00 p.m. each

business day.

FOR FURTHER INFORMATION CONTACT: Jim

Taylor, (202) 366–8860, or by e-mail

(jim.taylor@rspa.dot.gov), regarding the

subject matter of this Notice; or the

RSPA Dockets Unit, (202) 366–5046, for

copies of this final rule or other material

in the docket. General information about

OPS programs can be obtained by

accessing OPS’’ Internet home page at

ops.dot.gov.

SUPPLEMENTARY INFORMATION:

Background

In recent years, several catastrophic

oil spills have damaged the marine

environment of the United States. These

spills have resulted in extensive

environmental impact, including the

loss of fish and wildlife. In response to

these catastrophic spills, Congress

passed the Oil Pollution Act of 1990, 33

U.S.C. 2701–2761 (OPA 90). OPA 90

amended section 1321(j) of the Federal

Water Pollution Control Act (FWPCA)

(33 U.S.C. 1251–1387), and established

a new national planning and response

system, including a requirement for the

development of facility response plans.

The FWPCA requires the President to

issue regulations that require the

operator of a tank vessel, an onshore

facility, and certain offshore facilities, to

prepare and submit to the President, a

plan for responding, to the maximum

extent practicable, to a worst case oil

discharge and to a substantial threat of

such a discharge. 33 U.S.C. 1321(j)(5).

The FWPCA also requires the President

to review and approve facility response

plans and periodic reviews of each plan.

33 U.S.C. 1321(j)(5)(D).

To be consistent with OPA 90 and

FWPCA plan submission requirements

of the Environmental Protection Agency

and U.S. Coast Guard, RSPA is revising

49 CFR § 194.121(b) to require a

response plan to be resubmitted every 5

years for review and approval. For

significant and substantial harm

facilities, the plan shall be resubmitted

5 years after the latest approval date by

RSPA. For substantial harm facilities,

operators must resubmit the plan to

RSPA 5 years after the date of initial

submission and every 5 years thereafter.

In the event there are no changes in

the plan, the operator must submit a

written certification to RSPA stating that

there are no changes to the plan

previously submitted to RSPA. Upon

receipt of the certification, RSPA will

review the existing plan and, for

significant and substantial harm

facilities, RSPA will re-approve the

plan. Substantial harm facility plans

will be reviewed only. Although the

current 3-year cycle for all plans is

ending, when this rule becomes

effective there will be no requirement to
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