Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Rules and Regulations 87791 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have Tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

Tribes, on the relationship between the 

Federal Government and Indian Tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or Tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f) and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves moving 

security zones lasting for the duration of 

time that the M/V GLOBAL SEALINE 

and MOL HESTIA are within the Corpus 

Christi Ship Channel and La Quinta 

Channel while loaded with cargo. It will 

prohibit entry within a 500-yard radius 

of the M/V GLOBAL SEALINE and MOL 

HESTIA while the vessels are transiting 

loaded within Corpus Christi Ship 

Channel and La Quinta Channel. It is 

categorically excluded from further 

review under L60(a) in Appendix A, 

Table 1 of DHS Instruction Manual 023– 

01–001–01, Rev. 1. A record of 

Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T08–0975 to read as 

follows: 

§ 165.T08–0975 Security Zones; Corpus 

Christi Ship Channel, Corpus Christi, TX. 

(a) Location. All navigable waters 

encompassing a 500-yard radius around 

the M/V GLOBAL SEALINE and MOL 

HESTIA, while the vessels are loaded 

and in the Corpus Christi Ship Channel 

and the La Quinta Channel. 

(b) Definitions. As used in this 

section, ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port, USCG Sector Corpus Christi 

(COTP) in the enforcement of the 

security zone. 

(c) Effective period. This section will 

be in effect from October 29, 2024, 

through November 10, 2024. This 

section will be enforced when any of the 

vessels are in the specified channels and 

carrying cargo. 

(d) Regulations. (1) The general 

security zone regulations in subpart D of 

this part apply. Entry into the zone is 

prohibited unless authorized by the 

Captain of the Port Sector Corpus 

Christi (COTP) or a designated 

representative. 

(2) Persons or vessels desiring to enter 

or pass through the zones must request 

permission from the COTP Sector 

Corpus Christi on VHF–FM channel 16 

or by telephone at 361–939–0450. 

(3) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 

designated representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public through Broadcast 

Notices to Mariners (BNMs), Local 

Notices to Mariners (LNMs), and/or 

Marine Safety Information Bulletins 

(MSIBs) as appropriate of the 

enforcement times and dates for this 

security zone. 

Dated: October 28, 2024. 

T.H. Bertheau, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Corpus Christi. 

[FR Doc. 2024–25711 Filed 11–4–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2024–0946] 

Safety Zone; Firework Display Within 

the Sector Columbia River Captain of 

the Port Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

safety zone regulations for the City of 

Richland Lighted Boat Parade Fireworks 

Display on December 6 and 7, 2024, to 

provide for the safety of life on 

navigable waterways during this 

display. Our regulation for safety zones 

within the Sector Columbia River 

Captain of the Port Zone identifies the 

regulated area for this event in 

Richland, WA. During the enforcement 

period, no person may enter or remain 

in the safety zone unless authorized by 


ddrumheller on DSK120RN23PROD with RULES1
87792 Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Rules and Regulations 

1There were duplicate comments filed for both 

the DFR and the NPRM that are included in the 

docket in www.regulations.gov. 

the Captain of the Port Sector Columbia 

River or a designated representative. 

DATES: The regulations in 33 CFR 

165.1315 will be enforced from 7 p.m. 

until 8:30 p.m., each day on December 

6 and 7, 2024. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email Lieutenant 

Commander Jesse Wallace, Waterways 

Management Division, Sector Columbia 

River, Coast Guard; telephone 503–572– 

3524, email SCRWWM@USCG.MIL. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a safety zone in 33 

CFR 165.1315 for the City of Richland 

Lighted Boat Parade Fireworks Display, 

in Richland, WA, from 7 p.m. until 8:30 

p.m., each day on December 6 and 7, 

2024 on the Columbia River. The safety 

zone will include all navigable waters 

within a 450-yard radius of the 

fireworks launch site location of 

approximately 46°16′29′′ N; 119°16′10′′ 

W. 

The special requirements listed in 33 

CFR 165.1315 apply to the activation 

and enforcement of the safety zone. 

During the enforcement period, as 

reflected in § 165.1315(e), no person 

may enter or remain in the safety zone 

unless authorized by the Captain of the 

Port Sector Columbia River or a 

designated representative. Additionally, 

each person in the safety zone must 

comply with the lawful order or 

directions of the Captain of the Port 

Sector Columbia River or designated 

representative. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners and 

marine information broadcasts. 

Dated: October 25, 2024 

J.W. Noggle, 

CAPTAIN, U.S. Coast Guard, Captain of the 

Port Sector Columbia River. 

[FR Doc. 2024–25644 Filed 11–4–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 40 

[Docket DOT–OST–2021–0093] 

RIN 2105–AE94 

Procedures for Transportation 

Workplace Drug and Alcohol Testing 

Programs 

AGENCY: Office of the Secretary, 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The U.S. Department of 

Transportation (DOT) revises its drug 

and alcohol testing procedures, as 

amended by a final rule published on 

May 2, 2023, to provide temporary 

qualification requirements for mock oral 

fluid monitors, provide for consistent 

requirements by identifying which 

individuals may be present during an 

oral fluid collection, and clarify how 

collectors are to document that a 

sufficient volume of oral fluid was 

collected. 

DATES: This final rule is effective on 

December 5, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Bohdan Baczara, Deputy Director, Office 

of Drug and Alcohol Policy and 

Compliance, 1200 New Jersey Avenue 

SE, Washington, DC 20590; telephone 

number 202–366–3784; 

ODAPCwebmail@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Authority for This Rulemaking 

This rulemaking is promulgated 

under the authority originally enacted 

in the Omnibus Transportation 

Employee Testing Act (OTETA) of 1991, 

codified at 49 U.S.C. 45102 and 45104 

(aviation industry testing), 49 U.S.C. 

20140 (rail), 49 U.S.C. 31306 (motor 

carrier), and 49 U.S.C. 5331 (transit). 

OTETA requires that the Department 

incorporate the Department of Health 

and Human Services’ (HHS) Mandatory 

Guidelines, including amendments, into 

the Department’s regulations for testing 

and laboratory requirements for 

aviation, rail (except for rail postaccident testing), motor carrier, and 

transit testing. Additional authority at 5 

U.S.C. 7301 note and Executive Order 

12564, specify HHS as the agency that 

establishes scientific and technical 

guidelines for Federal workplace drug 

testing programs and standards for 

certification of laboratories engaged in 

such drug testing. While DOT has 

discretion concerning many aspects of 

its regulations governing testing in the 

transportation industries’ regulated 

programs, DOT follows the HHS 

Mandatory Guidelines for the laboratory 

and specimen testing procedures. 

On October 25, 2019, HHS published 

a final rule establishing the Mandatory 

Guidelines for Federal Workplace Drug 

Testing Programs using Oral Fluid 

(OFMG), which became effective 

January 1, 2020. (84 FR 57554, Oct. 25, 

2019). As of the time of the publication 

of this final rule, there have been no 

laboratories yet certified by HHS for oral 

fluid testing. 

II. Background 

DOT published a final rule amending 

the procedures for its drug testing 

program (49 CFR part 40) on May 2, 

2023 (88 FR 27596) (May 2023 final 

rule). The May 2023 final rule went into 

effect on June 1, 2023. The final rule 

authorized oral fluid drug testing as an 

additional methodology for employers 

to use as a means of achieving the safety 

goals of the program. 

We have determined instances in 

which the text of various aspects of the 

procedures as amended by the May 

2023 final rule need to be further 

amended due to unforeseen 

circumstances that have rendered it 

impossible to comply with requirements 

for mock oral fluid collection observers, 

for consistency with regard to privacy 

during the specimen collection, and to 

clarify the means by which collectors 

document that a sufficient volume of 

oral fluid was collected. 

To address the issues identified 

above, DOT published a direct final rule 

(DFR) on June 21, 2024. (89 FR 5189) 

DOT published the DFR without a prior 

proposed rule because we viewed the 

DFR as a noncontroversial action and 

anticipated no adverse comments on 

any of the provisions of the rule. The 

DFR was to become effective on August 

5, 2024, unless DOT received adverse 

comments on the provisions of the DFR. 

DOT noted that if adverse comments 

were received, it would publish a timely 

withdrawal in the Federal Register 

informing the public that the provisions 

of the rule on which adverse comments 

were received would not take effect. 

On the same day, DOT published a 

notice of proposed rulemaking (NPRM) 

containing the same amendments in the 

DFR that served as the proposed rule to 

amend Part 40 if adverse comments 

were received on any of the provisions 

in the DFR (89 FR 52002). DOT noted 

that if adverse comments were received, 

DOT would address the public 

comments received in a subsequent 

final rule based on the NPRM. DOT 

stated that it would not institute a 

second comment period on the NPRM. 

DOT received adverse comments to 

each of the provisions in the DFR and 

NPRM, and DOT published a notice 

withdrawing the DFR in the Federal 

Register on August 1, 2024 (89 FR 

62665). 

III. Comments to the DFR and NPRM 

DOT received 15 unique comments to 

the DFR, and 18 unique comments to 

the NPRM.1 These comments included 


ddrumheller on DSK120RN23PROD with RULES1