24766 Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Rules and Regulations

Congress that would make preemployment alcohol testing

discretionary with employers. This

legislation is based on the

Administration’s policy of eliminating

regulations that are unnecessary or too

costly and burdensome. It would clarify

that employers are not required to

conduct such testing, but have the

option of doing so under the authority

of Federal law.

Regulatory Process Matters

DOT Regulatory Policies and Procedures

The final rule is considered to be a

nonsignificant rulemaking under DOT

Regulatory Policies and Procedures, 44

FR 11034. It also is a nonsignificant rule

for purposes of Executive Order 12886.

The Department estimated, at the time

it issued its final alcohol testing rules in

February 1994, that pre-employment

alcohol testing in the four operating

administrations would cost

approximately $28 million per year.

Suspending the rules will

proportionally save these expenditures

during the period the suspension is in

effect.

Executive Order 12612

This final rule has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

it does not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Immediate Effectiveness and Issuance

Without Prior Notice and Comment

Because it is necessary for the

Department immediately to implement

the Court’s decision, because the

Department does not have any

discretion with respect to compliance

with this decision, and because the

Department must promptly resolve any

legal uncertainty over the validity of

pre-employment alcohol testing the

decision has created, the Department

finds that there is good cause to make

this rule effective immediately. For the

same reasons, the Department finds that

prior notice and public comment would

be impracticable, unnecessary, and

contrary to the public interest.

FAA

List of Subjects in 14 CFR Part 121

Air carriers, Aircraft, Aircraft pilots,

Airmen, Airplanes, Air transportation,

Aviation safety, Drug abuse, Drugs,

Narcotics, Pilots, Safety, Transportation.

For the reasons set out in the

preamble, the Federal Aviation

Administration amends 14 CFR part

121, as follows:

PART 121—CERTIFICATION AND

OPERATIONS: DOMESTIC, FLAG, AND

SUPPLEMENTAL AIR CARRIERS AND

COMMERCIAL OPERATORS OF

LARGE AIRCRAFT

1. The authority citation for part 121

continues to read as follows:

Authority: 49 U.S.C. 1354(a), 1355, 1356,

1357, 1401, 1421–1430, 1485, and 1502

(revised Pub. L. 102–143, October 28, 1991);

49 U.S.C. 106(g) (revised, Pub. L. 97–449,

January 12, 1983).

2. In Appendix J, Sec. III, subsection

A (‘‘Pre-employment’’) is suspended as

of May 10, 1995.

Issued in Washington, DC on May 3, 1995.

David R. Hinson,

Administrator, Federal Aviation

Administration.

FRA

List of Subjects in 49 CFR Part 219

Alcohol and drug abuse, Railroad

safety, Reporting and recordkeeping

requirements.

For the reasons stated in the

preamble, FRA amends 49 CFR Part 219,

as follows:

PART 219—CONTROL OF ALCOHOL

AND DRUG USE

1. The authority for part 219

continues to read as follows:

Authority: 49 U.S.C. 20103, 20107, 20111,

20112, 20113, 20140, 21301, 21304; Pub. L.

103–272 (July 5, 1994); and 49 CFR 1.49(m).

2. In § 219.501, paragraph (f) is added

to read as follows:

§ 219.501 Pre-employment tests.

* * * * *

(f) Notwithstanding any other

provisions of this subpart, all provisions

and requirements in this section

pertaining to preemployment testing for

alcohol are suspended as of May 10,

1995.

Issued in Washington, DC on May 3, 1995.

Jolene M. Molitoris,

Administrator, Federal Railroad

Administration.

FHWA

List of Subjects in 49 CFR Part 382

Alcohol and drug abuse, Highway

safety, Reporting and recordkeeping

requirements.

For the reasons stated in the

preamble, the FHWA amends 49 CFR

Part 382, as follows:

PART 382—CONTROLLED

SUBSTANCES AND ALCOHOL USE

AND TESTING

1. The authority for part 382

continues to read as follows:

Authority: 49 U.S.C. 31306; 49 U.S.C. app.

31201 et. seq.; 49 U.S.C. 31502; 49 CFR 1.48.

2. In § 382.301, paragraph (e) is added

to read as follows:

§ 382.301 Pre-employment testing.

(e) Notwithstanding any other

provisions of this subpart, all provisions

and requirements in this section

pertaining to preemployment testing for

alcohol are suspended as of May 1,

1995.

Issued in Washington, DC on May 3, 1995.

Rodney Slater,

Administrator, Federal Highway

Administration.

FTA

List of Subjects in 49 CFR Part 654

Alcohol testing, Grant programstransportation, Mass transportation,

Reporting and recordkeeping

requirements, Safety, Transportation.

For the reasons set out in the

preamble, the Federal Transit

Administration amends 49 CFR Part

654, as follows:

PART 654—PREVENTION OF

ALCOHOL MISUSE IN TRANSIT

OPERATIONS

1. The authority for part 654

continues to read as follows:

Authority: 49 U.S.C. 5331; 49 CFR 1.51.

2. Section 654.31 is suspended as of

May 10, 1995.

Issued in Washington, DC on May 3, 1995.

Gordon J. Linton,

Administrator, Federal Transit

Administration.

[FR Doc. 95–11522 Filed 5–8–95; 11:27 am]

BILLING CODE 4910–62–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 5

Delegations of Authority to the

Commissioner of Food and Drugs

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

regulations for delegations of authority
Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Rules and Regulations 24767

by adding a new authority delegation

from the Assistant Secretary for Health

to the Commissioner of Food and Drugs

for certain authorities delegated to the

Assistant Secretary for Health under the

Controlled Substances Act (as

amended). The delegation excludes the

authority to submit reports to Congress.

EFFECTIVE DATE: May 10, 1995.

FOR FURTHER INFORMATION CONTACT:

Ellen R. Rawlings, Division of

Management Systems and Policy (HFA–

340), Food and Drug Administration,

5600 Fishers Lane, Rockville, MD

20857, 301–443–4976.

SUPPLEMENTARY INFORMATION: On June

22, 1993, the Secretary of Health and

Human Services delegated to the

Assistant Secretary for Health

authorities vested in the Secretary under

the Controlled Substances Act (Title II

of the Comprehensive Drug Abuse

Prevention and Control Act of 1970 (21

U.S.C. 811(h)(4)), as amended). On May

16, 1994, the Assistant Secretary for

Health delegated to the Commissioner of

Food and Drugs these same authorities.

These authorities concern providing

responses to the Drug Enforcement

Administration’s temporary scheduling

notices made under the Controlled

Substances Act, as amended. This

delegation excludes the authority to

submit reports to Congress.

Further redelegation of the authority

delegated may only be authorized with

the Commissioner’s approval. Authority

delegated to a position by title may be

exercised by a person officially

designated to serve in such position in

an acting capacity or on a temporary

basis.

List of Subjects in 21 CFR Part 5

Authority delegations (Government

agencies), Imports, Organization and

functions (Government agencies).

Therefore, under the Federal Food,

Drug, and Cosmetic Act and the Public

Health Service Act and under authority

delegated to the Commissioner of Food

and Drugs, 21 CFR part 5 is amended as

follows:

PART 5—DELEGATIONS OF

AUTHORITY AND ORGANIZATION

1. The authority citation for 21 CFR

part 5 continues to read as follows:

Authority: 5 U.S.C. 504, 552, App. 2; 7

U.S.C. 138a, 2271; 15 U.S.C. 638, 1261–1282,

3701–3711a; secs. 2–12 of the Fair Packaging

and Labeling Act (15 U.S.C. 1451–1461); 21

U.S.C. 41–50, 61–63, 141–149, 467f, 679(b),

801–886, 1031–1309; secs. 201–903 of the

Federal Food, Drug, and Cosmetic Act (21

U.S.C. 321–394); 35 U.S.C. 156; secs. 301,

302, 303, 307, 310, 311, 351, 352, 354, 361,

362, 1701–1706, 2101, 2125, 2127, 2128 of

the Public Health Service Act (42 U.S.C. 241,

242, 242a, 242l, 242n, 243, 262, 263, 263b,

264, 265, 300u–300u–5, 300aa–1, 300aa–25,

300aa–27, 300aa–28); 42 U.S.C. 1395y,

3246b, 4332, 4831(a), 10007–10008; E.O.

11490, 11921, and 12591; secs. 312, 313, 314

of the National Childhood Vaccine Injury Act

of 1986, Pub. L. 99–660 (42 U.S.C. 300aa–1

note).

2. Section 5.10 is amended by adding

new paragraph (a)(37) to read as follows:

§ 5.10 Delegations from the Secretary, the

Assistant Secretary for Health, and Public

Health Service Officials.

(a) * * *

(37) Functions vested in the Secretary

under section 811(h)(4) of the

Controlled Substances Act (Title II of

the Comprehensive Drug Abuse

Prevention and Control Act of 1970, as

amended) to provide responses to the

Drug Enforcement Administration’s

temporary scheduling notices. The

delegation excludes the authority to

submit reports to Congress.

* * * * *

Dated: May 2, 1995.

William B. Schultz,

Deputy Commissioner for Policy.

[FR Doc. 95–11525 Filed 5–9–95; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 164

46 CFR Parts 50, 52, 56, 58, 61, and 111

[CGD 83–043]

RIN 2115–AB41

Incorporation of Amendments to the

International Convention for Safety of

Life at Sea, 1974

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is modifying

its regulations on navigational safety

and marine engineering to harmonize

them with the International Convention

for the Safety of Life at Sea, 1974

(SOLAS 74), as amended, and to allow

the use of current technology. This final

rule is necessary because changes have

been made to SOLAS 74 and new

technology has become available. The

incorporation of SOLAS 74 as amended

will enhance the safety of personnel and

vessels, protect the natural

environment, and contribute to

domestic carriers’ improved

competitiveness in the global market.

DATES: This final rule is effective on

June 9, 1995. The Director of the Federal

Register approves as of June 9, 1995 the

incorporation by reference of certain

materials listed in this rule.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander R.K. Butturini,

Engineering Branch, Marine Technical

and Hazardous Materials Division,

Office of Marine Safety, Security and

Environmental Protection, (202) 267–

2206.

SUPPLEMENTARY INFORMATION:

Drafting Information: The principal

persons involved in drafting this final rule

are Lieutenant Commander R.K. Butturini,

Project Manager, and Mr. Patrick J. Murray,

Project Counsel, Office of Chief Counsel.

Regulatory History.

On September 28, 1990, the Coast

Guard published a notice of proposed

rulemaking (NPRM) entitled

‘‘Incorporation of Amendments to the

International Convention for Safety of

Life at Sea, 1974’’ (55 FR 39638). The

Coast Guard received three letters

commenting on the NPRM. No public

hearing was requested, and none was

held.

Background and Purpose

On November 1, 1974, the Assembly

of the Inter-Governmental Maritime

Consultative Organization (IMCO)

adopted SOLAS 74. In May 1982 IMCO

was renamed the International Maritime

Organization (IMO). Invoking Article

VIII of SOLAS 74, which contained

procedures for amending SOLAS 74,

IMO adopted further resolutions; these

resolutions recommended areas of

SOLAS 74 in need of improvement. The

United States was instrumental in the

development of SOLAS 74 and its

amendments.

To date, three sets of amendments

have been adopted. The first set of

amendments was approved by the

Maritime Safety Committee (MSC) of

IMO on November 20, 1981, and became

effective on September 1, 1984. These

amendments deal primarily with

subdivision and stability, machinery

and electrical installations, periodically

unattended machinery spaces, and

measures for fire safety. The second set

of amendments was approved by the

MSC on June 17, 1983, and became

effective on July 1, 1986. These

amendments deal primarily with

appliances and arrangements for

lifesaving and with the carriage of

dangerous goods. The third set of

amendments was approved by the MSC

on April 11, 1989, and became effective

on February 1, 1992. These amendments

address amendments to SOLAS 74 that

could not be included in the 1983

SOLAS amendments, and include